SellCarAdvisor is reader-supported, when you sign up through links on this post, we may receive compensation at no extra cost to you. How We Work.
The bottom line: Selling a deceased person’s car isn’t as simple as just posting it online and finding a buyer.
You need legal authority first, which means going through probate court, becoming an estate executor, or using simplified procedures like small estate affidavits.
Here’s what you’re looking at: You’ll need to pay off any car loans, gather the correct paperwork (death certificate, title, court letters), and follow your state’s DMV rules.
The process varies widely by state. Some allow you to transfer ownership with a simple form if the estate value falls below a certain threshold. Others require full probate.
Good news: If the car was jointly owned, had a Transfer-on-Death designation, or you’re a surviving spouse, things get much easier. Plan for several months and don’t hesitate to get legal help if things get complicated. Once the title is in your name, compare offers from multiple services with Sell Car Advisor to make sure you’re getting the best price.
Key Takeaways
- Around 20 states allow Transfer-on-Death title designations. If one was set up, the named beneficiary can claim the car with just a death certificate and ID, no court involvement needed.
- Small estate thresholds that let you avoid full probate range from $20,000 in Delaware to over $150,000 in California and Alaska. The threshold applies to the entire estate, not just the car.
- The word “or” vs “and” on a joint title matters. “Or” between names means the surviving owner can transfer immediately. “And” usually requires probate or an affidavit from the heirs.
- Nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) may make surviving spouses responsible for any outstanding car loan.
- If there’s a car loan, check the paperwork for credit life insurance. Some policies pay off the remaining balance automatically when the borrower dies.
- Full probate can take 6 months to 2 years. Small estate procedures take 30 to 90 days. A TOD or joint survivorship transfer can wrap up in a few weeks.
Compare Instant Offers
Step-by-Step Process to Sell a Deceased Person’s Car
Step 1: Figure Out Who Can Legally Sell the Car
Before you can sell anything, you need to have the necessary legal authority. This isn’t like selling your own car where you sign the title and hand over the keys.
If there’s a will: The person named as executor in the will needs to apply for probate with the court. Once approved, they get “letters testamentary” that prove they can act on behalf of the estate.
If there’s no will: Someone (usually a close family member) needs to ask the probate court to become the administrator. They’ll get “letters of administration” instead.
The shortcut routes: In some situations, you can skip probate entirely. We’ll cover these in detail below, but they include joint ownership, Transfer-on-Death designations, and procedures for small estates.
Step 2: Check for Special Ownership Situations
Before you assume you need to go through probate, check if any of these apply:
Joint ownership with survivorship rights: If the title lists two names with “or” between them, or specifically states “with right of survivorship,” the surviving owner automatically becomes the sole owner of the car. They just need an ID and a death certificate.
Transfer-on-Death (TOD) designation: Some states let you name a beneficiary right on the title. When the owner dies, the car goes directly to that person without probate.
Surviving spouse transfers: Many states have special rules that let surviving spouses transfer car ownership for free or with minimal paperwork.
Trust ownership: If the car was titled in a trust, the successor trustee handles the transfer according to the trust document.
Step 3: Deal with Car Loans and Liens
This is where things get tricky. You can’t sell a car with an outstanding loan without handling the debt first.
Who’s responsible for the loan?
- The estate has to pay off debts before distributing assets
- If there’s a co-signer, they become fully responsible for payments
- In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), surviving spouses might be responsible for debts
Your options:
- Pay off the loan using estate funds
- Sell the car and use the proceeds to pay the loan (any extra goes to the estate)
- Let the heir take over payments if the lender allows it
- If there’s no money and no co-signer, the lender might repossess the car
Check for credit life insurance: Some people purchase insurance that pays off the loan in the event of their death. Review the deceased’s paperwork or call the lender.
Step 4: Gather Your Paperwork
Every state wants different documents, but you’ll almost always need:
- Death certificate (certified copy): Get several copies since everyone wants an original
- Vehicle title: If you can’t find it, apply for a duplicate in the deceased’s name first
- Proof of your relationship or authority: Court letters, family relationship proof, or signed affidavits
- State-specific forms: Each state has its own forms for transfers after death
Don’t forget to cancel insurance. Contact the insurance company and provide the death certificate. This stops ongoing charges and protects the estate.
Step 5: Transfer the Title to Your Name
This is where state rules really matter. Here are the main paths:
Small estate affidavit: If the estate is under your state’s threshold, you can often use a simple sworn statement instead of going to probate court.
Probate transfer: The executor signs the title on behalf of the deceased and provides court letters proving their authority.
Direct heir transfer: Some states permit immediate family members to transfer titles directly, provided they have the necessary paperwork.
DMV requirements: Visit your state’s DMV with all documents. Expect to pay transfer fees ($15 to $100+, depending on the state).
Step 6: Get the Car Ready and Sell It
Once the title is in your name, selling works like any other used car sale:
- Clean and inspect the car: A clean car sells faster and for more money
- Research the value: Use Kelley Blue Book or Edmunds to get a fair market estimate
- Decide where to sell: A private party sale usually gets more money than dealers, but takes more time and effort
- Complete the sale: Sign over the title, provide a bill of sale, and handle payment securely
For a car in good condition, Carvana gives you an instant online offer and handles all the paperwork. For an older car or one that needs work, Peddle and Wheelzy both buy any condition car with free towing included.
If you’re selling privately, KeySavvy protects both you and the buyer by handling the payment and title transfer securely.
General Rules by State Categories
States with Small Estate Procedures
Most states offer simplified procedures when the estate value falls below a certain threshold. This lets you avoid the time and expense of full probate.
| State Category | Threshold Range | Typical Process |
|---|---|---|
| Low threshold states | $20,000 to $75,000 | Small estate affidavit after 30 to 40 days |
| Medium threshold states | $75,000 to $150,000 | Simplified probate or affidavit process |
| High threshold states | $150,000 to $200,000+ | More generous small estate procedures |
The catch: These thresholds usually apply to the entire estate, not just the car. If the person owned a home worth $300,000, you probably can’t use small estate procedures even if the car is only worth $15,000.
States with Transfer-on-Death Options
Around 20 states let you add a beneficiary designation to your car title while you’re alive. When you die, the car goes directly to that person.
How it works: You fill out a form with your DMV, adding a beneficiary. The title will show something like “Transfer on Death to John Smith.” When you die, John brings the title, death certificate, and his ID to the DMV and gets a new title in his name.
The downside: Not everyone knows about this option, so many people don’t set it up.
Community Property States
Nine states have community property laws that affect how car ownership works after death:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
What this means: In these states, property acquired during marriage belongs to both spouses equally. This can make car transfers easier for surviving spouses, but it can complicate things if there are debts.
State-by-State Requirements (All 50 States)
Alabama
To sell a deceased person’s car in Alabama, you must determine whether the estate is going through probate. If it has been or will be probated, you’ll need a copy of letters testamentary or letters of administration from the probate court.
If the estate isn’t going through probate, you’ll use a Next of Kin Affidavit (Form MVT 5-6) along with a copy of the death certificate. This is the more straightforward route if the estate qualifies.
Alabama is strict about names matching exactly on all paperwork. If there are slight differences like “John Allen Smith” vs “John A Smith,” you might need an affidavit explaining the name variance.
Alaska
To sell a deceased person’s car in Alaska, the process depends on how the title is set up. If the car was jointly owned with “OR” between the names, the surviving owner can handle everything on their own.
If the deceased person was the only owner, or if it was joint ownership with “AND,” the car becomes part of the estate. For estates worth $150,000 or less, you can use Alaska’s small estate affidavit process to avoid probate. Vehicles can’t be worth more than $100,000 total, and other personal property can’t exceed $50,000.
You have to wait 30 days after the person dies before using the small estate process. The affidavit must be notarized and include the complete vehicle serial number. Once you transfer the title to your name, you can sell it like any other used car.
Arizona
To sell a deceased person’s car in Arizona, pay close attention to how ownership is listed on the title. If it says “OR” between names, the surviving owner automatically gets the whole car and can sell it without any special paperwork.
If it says “AND” between names, both owners had equal shares. When one dies, you’ll need to handle the deceased person’s half through probate or by completing a Non-Probate Affidavit. If it says “AND/OR,” that means joint tenancy with right of survivorship, and the surviving owner gets everything but needs to provide a death certificate first.
Arizona makes it clear-cut based on those words on the title, so check that first before gathering paperwork.
Arkansas
To sell a deceased person’s car in Arkansas, keep up with car payments and registration while working on the title transfer. Penalties apply if you let the registration lapse. The process depends on how many people owned the car and whether there’s a will.
If one person owned the car, bring the title signed by the executor in the seller’s signature area. If two people owned it without “Joint Tenancy with Rights of Survivorship,” both the executor and the surviving owner need to sign. If the title does say “Joint Tenancy with Rights of Survivorship,” only the surviving owner needs to sign.
You’ll need a copy of the death certificate and either the will or legal paperwork from court that lists the heir and VIN number. If the VIN isn’t listed in those documents, you’ll need to fill out Arkansas’s Affidavit of Inheritance form. This process lets you transfer ownership first, then sell.
California
To sell a deceased person’s car in California, you need to submit several documents to the DMV. You’ll need the California title (or Form REG 227 if it’s lost) signed for the deceased person and countersigned by you as the heir, plus a completed REG 5 form if you’re doing a transfer without probate.
Vehicles don’t count toward California’s $150,000 probate threshold. So even if the estate has other valuable assets, you can often still use the REG 5 form to transfer the car title. You have to wait 40 days after the person died, and you’ll need an odometer disclosure if the car is less than 10 years old.
If the estate is going through probate anyway, you can use court documents like Letters Testamentary instead of the REG 5 form. Either way, once the title transfers to your name, you can sell the car normally.
Colorado
To sell a deceased person’s car in Colorado, you’ll need to visit your county motor vehicle office. You can’t handle this online or at state DMV offices. If the deceased person was the only owner, bring a death certificate plus Letters of Testamentary, Letters of Administration, or Small Estate proceedings showing who the new beneficiary is.
For jointly owned vehicles, the type of ownership determines the arrangement. If it says “joint tenancy with rights of survivorship,” the surviving owner needs the death certificate. If it says “tenants in common,” you’ll need both the death certificate and court papers showing who inherits the deceased person’s half.
Colorado has a Transfer of Title Upon Death form (DR 2009) that people can fill out while they’re alive. If the deceased person completed one, you can use that instead of going through probate court.
Connecticut
To sell a deceased person’s car in Connecticut, the executor or administrator of the estate must assign the Certificate of Title to the buyer. Connecticut has different processes depending on whether you’re transferring to an immediate family member or selling to someone else.
The state requires acceptable probate court documents to prove you have the authority to handle the sale. Connecticut’s DMV website covers different scenarios, but the complete list of required documents varies. Visit a DMV office or call them directly to confirm what’s needed for your situation.
Once the probate court paperwork is in order and the title is assigned correctly, the sale process works like any other vehicle sale in Connecticut.
Delaware
To sell a deceased person’s car in Delaware, you can use their Survivor’s Transfer Form if the estate is small enough to qualify. The total personal estate (excluding jointly-owned property) can’t exceed $20,000, and you have to wait 30 days after the person died.
You’ll need to certify that no probate petition is pending, all debts are paid or provided for, and the deceased didn’t own any Delaware real estate. The person receiving the car must be an immediate family member: spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, or first cousin.
The form must be notarized and submitted with a copy of the death certificate. If the estate is worth more than $20,000, you’ll need to go through regular probate instead.
Florida
To sell a deceased person’s car in Florida, surviving spouses get special treatment that makes the process much easier. If both spouses were on the title, or if only the deceased spouse was on it, the surviving spouse can get a free replacement title using Form HSMV 82152. You’ll need a certified death certificate and proof of identity, plus a marriage certificate unless the surviving spouse’s name is on the death certificate.
For other situations, Florida has different procedures depending on the estate size and family circumstances, but the process is generally more straightforward than many other states. Once you get the title properly transferred, selling works like any other used car transaction.
There’s a $10 fee if you want the new title the same day. While replacement title fees are waived for surviving spouses, you may still owe registration fees.
Georgia
To sell a deceased person’s car in Georgia, you’ll need to visit your county tag office with several documents. If the estate has been probated, bring a certified copy of Letters of Testamentary. If not, you can use Form T-20, Affidavit of Inheritance, along with a certified copy of the death certificate.
Georgia has a few different paths depending on your situation. If there’s only one heir, you might be able to submit a “No Administration Necessary” document instead of the T-20 form. If you don’t have Letters of Testamentary, you must title the vehicle in your name first before you can sell it to someone else.
You’ll also need the original title (or a replacement if it’s lost), Form T-4 for lien releases if there are any, and Form MV-16 if you’re an immediate family member. The basic title fee is $18, but there might be additional costs depending on your situation.
Hawaii
To sell a deceased person’s car in Hawaii, the process depends on whether the car was jointly owned or owned only by the deceased person. If it was jointly owned, the surviving owner can transfer ownership by filling out sections A and D on the certificate of title, then bringing it to a satellite city hall with the death certificate and current registration.
If the car was only in the deceased person’s name, you’ll need to download Form CS-L (MVR) 39 (Affidavit for Collection of Personal Property of the Decedent) and call their office at (808) 768-4324 for guidance. Hawaii requires appointments through AlohaQ.org for vehicle transfers.
The transfer fee is $10, plus you may need to pay for registration renewal if it has expired or is set to expire within 45 days. You’ll also need a current Hawaii Safety Inspection Certificate.
Idaho
To sell a deceased person’s car in Idaho, surviving spouses get the most direct process if both names are on the title connected by “OR.” You can apply for a duplicate title at your county Assessor’s DMV office and request the deceased spouse’s name be removed.
If the names are connected by “AND” or the title is only in the deceased person’s name, call your county DMV office for specific instructions. You’ll need to know when the person died, whether they left a will, and if the estate has been or will be probated.
Idaho requires you to complete a release of liability form within five days of selling or giving away the vehicle. This protects you from liability if the new owner gets in an accident or gets tickets before transferring the title. Forms are available at county offices or online.
Illinois
To sell a deceased person’s car in Illinois, you have three main options depending on the size and circumstances of the estate. If the estate is being probated, you’ll need certified letters of administration or testamentary, plus the title assigned by the legal representative.
For smaller estates worth $100,000 or less, you can use the Small Estate Affidavit procedure. This includes a description of the vehicle and doesn’t require the title to be assigned. There’s also an Attorney’s Affidavit option if the small estate process doesn’t work.
Illinois treats jointly owned titles as joint tenancy, so when one owner dies, the survivor automatically becomes the full owner. They have 120 days to apply for a corrected title in their name only. All transfers require a $165 title fee plus applicable registration and tax fees.
Indiana
To sell a deceased person’s car in Indiana, check first if the vehicle has a Transfer on Death (TOD) designation. If the title indicates something like “[Owner] transfers on death to [TOD Beneficiary],” the beneficiary simply needs to bring the title and death certificate to a BMV branch to obtain a new title in their name.
The important thing about Indiana’s TOD system is that the original owner must have signed and dated the TOD signature line on the face of the title before they died. Otherwise, the designation isn’t valid. You can add TOD beneficiaries when you buy a car or apply for a new title later.
If there’s no TOD designation, you’ll need to follow the laws of the state where the deceased person lived, which might be different from Indiana’s rules.
Iowa
To sell a deceased person’s car in Iowa, the process depends on whether there’s a will and if the estate is in probate. Iowa residents can take their paperwork to any county treasurer’s office. Non-residents usually can’t get Iowa titles and should check their home state’s laws instead.
If the estate is in probate, bring Letters of Appointment and have the legal representative assign the title. If there’s a will but no probate, use Form 411083 (Affidavit of Death Testate). If there’s no will and no probate, use Form 411088 (Affidavit of Death Intestate).
Iowa waives title fees if you’re transferring ownership to a surviving spouse, and any available registration fees can also be transferred. All other cases require the usual fees. You’ll also need odometer and damage disclosures when applicable.
Kansas
To sell a deceased person’s car in Kansas, first check if the vehicle has a Transfer on Death designation. If it does, the beneficiaries listed on the title can use Form TR-82 (Transfer on Death Affidavit) along with the death certificate and title verification.
If there’s no TOD designation, legal heirs can use Form TR-83a (Decedent’s Title) or Form TR-83b (Claim of Heir Affidavit). Executors and administrators can use the same process. You’ll need to take the completed forms to your local county treasurer’s motor vehicle office.
Kansas requires that at least one beneficiary must title the vehicle in their name before transferring ownership to someone else. If there are liens on the vehicle, you’ll need Form TR-128 (Lienholder Consent to Transfer Ownership) or a lien release.
Kentucky
To sell a deceased person’s car in Kentucky, you’ll need an original or notarized death certificate, plus proof of your identity and relationship to the deceased. If there’s no will or Letter of Administration, you’ll need a notarized affidavit stating there’s no will and no other claims on the vehicle.
Kentucky requires that the same notary public must notarize both the death certificate and any letters you’re submitting. If there are multiple trustees in a will, you need a letter signed by all of them stating there’s no objection to the transfer.
If there’s a bank lien on the vehicle, you must get a “Notice of Lien Removal” from the lending institution before any transfer can happen.
Louisiana
To sell a deceased person’s car in Louisiana, you’ll use the Affidavit of Heirship process (Form DPSMV1696). This form must be completed and signed by the surviving spouse and all heirs and legatees, then notarized. You’ll also need proof of death (death certificate or published obituary).
If the deceased person had a will, you must submit a copy or a notarized statement of its contents related to vehicles. Louisiana has special rules for minor children. If there are minors without a surviving spouse, whoever is executing the affidavit needs certified documentation showing they can act on the minor’s behalf.
The process has different requirements depending on whether you’re transferring to a surviving spouse or to a new owner. Surviving spouses only need to execute a notarized Bill of Sale, but when there’s no surviving spouse, all heirs must execute the sale documents.
Maine
To sell a deceased person’s car in Maine, the process depends on your relationship to the deceased and whether you’re a Maine resident. Maine has separate instruction documents for surviving spouses, personal representatives, joint owners, surviving common owners, and heirs.
If you’re not a Maine resident, you’ll need to get the Maine title transferred first (using Form MVT-8 for duplicates if needed), then handle the rest of the process in your home state. If there’s an active lien on the vehicle, you’ll need to call the lien holder first regardless of your situation.
Maine also recognizes Transfer of Title Upon Death Designated Beneficiary Forms that can be completed ahead of time to make the process easier. The specific documents you need vary greatly depending on your situation, so check the Maine BMV website for the appropriate instruction document for your case.
Maryland
To sell a deceased person’s car in Maryland, the requirements depend on your relationship to the deceased and how you acquired the vehicle. Surviving spouses and co-owners have the simplest process. They just need the existing title with the assignment section completed, a death certificate, and sometimes a marriage certificate.
For other beneficiaries, you’ll need Maryland Letters of Administration stamped with the register of wills’ seal. Maryland waives the title fee for transfers between spouses when one is deceased, but all other transfers require the regular fees.
If you’re exempt from Estate Administration (meeting specific criteria like owning only two vehicles and having no other property), you can use Form VR-481 to simplify the process.
Massachusetts
To sell a deceased person’s car in Massachusetts, you’ll need to visit an RMV Service Center in person. They don’t handle these transfers online or by mail. Surviving spouses have the simplest path, needing just an Application for Registration and Title, the deceased’s title assigned by the surviving spouse, an Affidavit of Surviving Spouse, and a copy of the death certificate.
If you’re not keeping the car and want to sell it directly, you can give the buyer the deceased’s title (assigned to the purchaser), the Affidavit of Surviving Spouse, and a copy of the death certificate. For situations involving wills or when there’s no will, the personal representative handles the transfer and must provide their appointment documents plus the assigned title.
Massachusetts doesn’t have complex small estate procedures, but they do require everything to be done in person at their service centers.
Michigan
To sell a deceased person’s car in Michigan, check the title first to see if it says “Full Rights to Survivor.” If it does, the surviving owner just needs the title, death certificate, and ID to transfer it to their name only. The license plate can stay on the car if it’s going to a surviving spouse or immediate family member.
If the estate goes through probate, the Personal Representative gets a Letter of Authority and can assign the title to whoever is buying the car. If there’s no probate, Michigan uses Form TR-29 (Certification from the Heir to a Vehicle) based on their inheritance priority: surviving spouse first, then descendants, parents, siblings, and finally closest next-of-kin.
Michigan is systematic about this. They also have Form TR-34 for people who don’t want the car to certify they’re giving up their interest. Everyone involved needs to show up at a Secretary of State office with valid ID.
Minnesota
To sell a deceased person’s car in Minnesota, the requirements depend on how the title is set up. If “or” appears with the first owner’s name, the survivor can handle everything easily. If there’s no “or,” things get more complicated and depend on whether you’re a surviving spouse, if the vehicle is subject to probate, and whether there are legal heirs.
Minnesota has different processes for surviving spouses, cases where there’s no surviving spouse but the vehicle isn’t subject to probate, estates that go through probate, and situations with no legal heirs. They also recognize Transfer-on-Death beneficiaries and revocable trusts.
Because of all the different documents and signatures needed, Minnesota recommends visiting a deputy registrar’s office in person to complete the transfer rather than trying to handle it by mail.
Mississippi
To sell a deceased person’s car in Mississippi, head to your local county Tax Collector’s office with a completed title application and the existing title. How you handle the signatures depends on how the title is set up. If it says “John OR Jane Doe,” just the surviving spouse needs to sign. If it says “John AND Jane Doe” or “John AND/OR Jane Doe,” you’ll need the surviving spouse’s signature plus a court-endorsed copy of the will.
If there was no probated will, you’ll need a letter of administration or testamentary naming the new owner. If the person died without any will, use Form 79-014 (Affidavit – Owner Dies without a Will) and take it to the Tax Collector with all your information.
Mississippi makes executors and administrators use the same process as regular inheritance cases, and you’ll pay the usual title fees plus any other applicable fees or taxes. Mississippi requires the seller’s signature on the title to be notarized, so whoever signs on behalf of the estate will need to get their signature notarized before submitting.
Missouri
To sell a deceased person’s car in Missouri, surviving spouses and unmarried minor children get special treatment. They can transfer one vehicle without going through probate. They need to complete Form 108 (Application for Missouri Title and License), provide the title in the deceased’s name, a photocopy of the death certificate, and a notarized Form 2305 (Affidavit to Establish Title to Exempt Property).
For all other situations, the vehicle must go through probate. The administrator, executor, or personal representative will need Letters of Administration, Letters Testamentary, or a Small Estate Certificate/Affidavit along with the title properly assigned to the new owner.
Missouri charges $8.50 for duplicate titles plus a $9 processing fee for the surviving spouse/minor child process. Regular probate transfers have different fees depending on the vehicle type.
Montana
To sell a deceased person’s car in Montana, first determine if the vehicle needs a title (most do) and find the original title to see how ownership was set up. Montana has different processes depending on whether it was sole ownership, joint ownership, business ownership, or trust ownership.
For estates worth $50,000 or less, heirs can use Form MV12 (Application for Title of a Vehicle by Right of Survivorship) without needing a Personal Representative appointed by the court. For larger estates, you’ll need a court-appointed Personal Representative who uses Form MV1 (Application for Certificate of Title for a Motor Vehicle).
Montana assumes joint tenancy for multiple names on titles, so surviving owners can use Form MV12 to either keep the vehicle or sell it. The state also has detailed procedures for different business ownership scenarios and trust situations. Note that Montana requires the seller’s signature on the title to be notarized, and the bill of sale must also be notarized when completing the sale.
Nebraska
To sell a deceased person’s car in Nebraska, all names on the Certificate of Title must sign off in the seller’s section, which gets complicated when one person is deceased. You’ll need to resolve any open liens first, and the seller must complete the Odometer Certification section.
Nebraska requires either a Bill of Sale or their Form 6 (Nebraska Sales/Use Tax and Tire Fee Statement). Note that Nebraska’s Bill of Sale must be notarized. The buyer’s information must be completed in the purchaser’s section at the time of purchase. Leaving this blank creates an “Open Title,” which violates the law and will be confiscated.
The buyer has 30 days to get a new Certificate of Title by submitting an Application for Certificate of Title to a County Treasurer with the $10.00 titling fee. Spouses can’t sign as agents for each other, and any alterations make the title “mutilated,” requiring a duplicate title.
Nevada
To sell a deceased person’s car in Nevada, check if the vehicle has a Transfer on Death beneficiary designation first. If it does, the beneficiary just needs the title, certified death certificate, and $20 title fee. They can submit everything by mail or visit a DMV office.
If there’s no TOD designation, heirs might be able to use Nevada’s small estate procedures if there’s no probate case or trust. The beneficiary must surrender the deceased person’s license plates and driver’s license to the DMV.
Nevada requires the beneficiary to get new insurance and either a movement permit or full vehicle registration to drive the car on public streets. Fee credits from the deceased person’s registration don’t transfer to the beneficiary.
New Hampshire
To sell a deceased person’s car in New Hampshire, married residents get automatic joint tenancy with rights of survivorship for family-use vehicles unless the title specifically says otherwise. The surviving spouse can transfer the vehicle using just their signature on the certificate plus a copy of the death record.
For joint owners who specifically arranged survivorship rights, the process works the same way. The surviving owner can transfer with just their signature and the death record. If joint ownership uses “and” between names, they need to designate survivorship preference on their title application.
New Hampshire’s law allows one joint owner to be a non-resident, and they’re exempt from certain requirements just for this survivorship purpose. The surviving owner doesn’t need to obtain a new title before selling. They can sign the existing record directly.
New Jersey
To sell a deceased person’s car in New Jersey, you can keep driving it until the current registration expires. You’ll need to schedule an appointment at an MVC Vehicle Center since you can’t handle this online. If both spouses are on the title, the survivor submits the current title signed by them, a death certificate, and notarized Form BA-62, paying $60 for the new title.
New Jersey has Transfer on Death Beneficiary Forms that let you designate who will inherit the car without it going through the estate. The beneficiary needs the form, title, death certificate, and a Universal Title Application. For estates, you’ll need either an Entity Identification Number (EIN) if the title goes to the estate, or various Surrogate’s certificates depending on the estate value and family situation.
The requirements change based on estate size: under $50,000 for surviving spouses, under $20,000 for other heirs, with different procedures for larger estates. All documents need the raised seal from the County Surrogate.
New Mexico
To sell a deceased person’s car in New Mexico, you can continue driving it under the current registration until it expires, ownership transfers, or (for joint owners) the survivor assumes ownership. The specific transfer process depends on whether there’s a court-appointed personal representative, if there’s a will, and the estate size.
For court-appointed situations, you need the Order Appointing Personal Representative from the District, Probate, or Tribal Court. For smaller estates ($50,000 or less), you can use the “Claiming Successor” process with Form MVD-10013 (Affidavit of Claiming Successor) after waiting 30 days.
New Mexico also has a “Transfer Without Probate” option for legal heirs or spouses using Form MVD-10011 (Certificate of Transfer Without Probate). This only works for vehicles previously titled in New Mexico.
New York
To sell a deceased person’s car in New York, surviving spouses get automatic ownership of one vehicle worth $25,000 or less under state law. The surviving spouse can sell by printing the deceased’s name in the “Seller’s Name” section and signing as “surviving spouse.” If you want to transfer to someone else, use Form MV-349.1 (Affidavit for Transfer of Motor Vehicle) with a notarized signature.
For estates with multiple vehicles or one vehicle worth over $25,000, you’ll need Letters of Testamentary, Letters of Administration, or a Voluntary Administrator’s affidavit from Surrogate Court. The executor or administrator signs the title and writes their role under their signature, like “Executor of the Estate of Mary Ann Smith.”
New York won’t accept their simplified forms (MV-349 or MV-349.1) for out-of-state titles. You need proper executor/administrator appointment and must handle it through that state or get an administrator appointed.
North Carolina
To sell a deceased person’s car in North Carolina, you can use their Assignment of Motor Vehicle Title process (Form MVR-317) in two specific situations: when someone dies without a will and no administrator has been appointed, or when there’s a will but the estate is small and doesn’t warrant probate expenses.
The process requires an affidavit with details about the deceased, whether they had a will, confirmation all debts are paid (or will be paid from the sale proceeds), and names of all heirs. All heirs must sign the affidavit. If there are minor or incompetent children without a guardian, the surviving spouse can sign for them.
The Clerk of Superior Court must approve your affidavit before you submit it to the DMV. For jointly owned vehicles with survivorship rights, the surviving owner just needs the death certificate to transfer the title. North Carolina requires the seller’s signature on the title to be notarized, so the executor or heir signing the title will need a notary.
North Dakota
To sell a deceased person’s car in North Dakota, the process depends on how the title shows ownership. If there are two names joined by “OR,” only one owner needs to sign the title transfer. If joined by “AND,” both would normally need to sign, but since one is deceased, you’ll need a Personal Representative appointment.
North Dakota offers a small estate option, using Form SFN 2916 (Affidavit for Collection of Personal Property of the Decedent), for estates that don’t exceed $50,000. This lets you avoid the probate process if the estate qualifies.
You’ll need to complete Parts 1 and 3 of the title (seller’s assignment and purchaser’s certification), provide odometer information for vehicles less than 10 years old, and pay the $5 title transfer fee.
Ohio
To sell a deceased person’s car in Ohio, check first if there’s a Transfer on Death (TOD) designation. If so, the beneficiary just needs the original title, certified death certificate, Form BMV 3774 (Application for Certificate of Title), and ID to get a new title. Joint ownership with “Rights of Survivorship” (WROS) works similarly. The survivor gets the title showing “acquired by right of survivorship.”
Surviving spouses get special treatment. They can transfer unlimited vehicles valued up to $65,000 total, plus one boat and one outboard motor. They’ll need Form BMV 3773 (Surviving Spouse Affidavit) listing all vehicle details and values.
If there’s joint ownership without survivorship rights, or no special designations, you’ll need an executor or administrator signature. Ohio makes the distinction clear on titles. Look for “OR,” “AND,” or “WROS” to know which process applies. Ohio also requires the title signature to be notarized, so the executor or surviving owner signing will need to have their signature notarized.
Oklahoma
To sell a deceased person’s car in Oklahoma, check if there’s a Transfer on Death (TOD) designation first. If the vehicle owner completed Form 771 before they died, the designated transferee can claim ownership by submitting the form with the death certificate to any Oklahoma tag agency.
The TOD form must have been properly signed by the vehicle owner before their death and notarized. If multiple owners are listed with “and” between their names, all must have died before the transfer can happen. The system protects against fraud by keeping the TOD filing on record but not showing it on subsequent titles.
If there’s no TOD designation, Oklahoma follows standard probate or small estate procedures. Call Service Oklahoma directly for those specific requirements.
Oregon
To sell a deceased person’s car in Oregon, the process depends on whether the title shows survivorship and if the estate is being probated. For survivorship situations, the surviving owner needs proof of death (death certificate, court document, or police report) to transfer ownership.
If there’s no survivorship and the estate is probated, you’ll need court-issued Letters of Testamentary showing the personal representative’s appointment. If there’s no probate, all heirs must sign Form 516 (Inheritance Affidavit) with notarized signatures, and the form must show who gets the vehicle.
Oregon has detailed procedures for various scenarios, including when all owners are deceased. They determine who died last in that case. Oregon also accepts inheritance affidavits from other states if they don’t reference other state laws and contain all required Oregon information.
Pennsylvania
To sell a deceased person’s car in Pennsylvania, the process depends on how the title shows ownership. Joint owners with right of survivorship (including married couples) can transfer using Form MV-39 with no entries on the title’s reverse side. Spouses pay no fee; others pay a title fee.
If there’s an executor or administrator appointed, they assign the title to the new owner and need a Short Form Certificate from the Register of Wills. Pennsylvania also allows unprobated wills if the vehicle goes to a surviving spouse, child, or parent. You’ll need Form MV-39, a copy of the will, and Form MV-4ST.
For situations with no will, Pennsylvania has detailed procedures based on who survives: surviving spouse procedures, surviving spouse and children procedures, and complex inheritance rules when there’s no surviving spouse. They also allow the vehicle to stay registered in the estate’s name during probate. Pennsylvania requires the title signature to be notarized, so bring a notary or visit a bank before submitting your paperwork.
Rhode Island
To sell a deceased person’s car in Rhode Island, you’ll need different documents depending on your relationship to the deceased and whether there’s an executor appointed. If there’s an executor or administrator, they need the original Notice of Appointment from the Probate Court and sign the title as the seller.
For situations with no surviving spouse and no executor, Rhode Island uses a Sole Heir Affidavit that replaces the normal title transfer section (leave the back of the title blank). You’ll need the original death certificate, which they’ll photocopy and return to you.
Rhode Island started titling all vehicles in 2024, so the requirements differ for older vehicles depending on when they were first registered. All out-of-state vehicles need VIN inspections from local police, and immediate family gifts have different notarization requirements than other transfers.
South Carolina
To sell a deceased person’s car in South Carolina, check first if there’s a Transfer on Death (TOD) designation on the title. If so, the beneficiary needs the title, $15 title fee, and certified death certificate of all vehicle owners. If multiple owners are listed, all must be deceased before the beneficiary can claim the car.
South Carolina allows TOD designations only when owners are individuals (not businesses) and all owners agree to add it. You can’t add a TOD beneficiary if the ownership shows an “and” relationship between owners. The beneficiary has no rights to the vehicle until the transfer actually occurs after death.
To add or remove a TOD designation while you’re alive, you need Form TOD-1, the certificate of title, and a $15 title fee. If there’s a lienholder, they must provide written consent for the designation.
South Dakota
To sell a deceased person’s car in South Dakota, vehicle owners can name beneficiaries by listing them as “Transfer on Death” (TOD) on their titles at the county treasurer’s office. The vehicle can’t have any open liens for this to work, and the beneficiary has no rights to the car while the owner is still alive.
When the owner dies, the beneficiary must apply for a new title and provide a copy of the death certificate. This process lets you avoid probate entirely if it was set up ahead of time.
South Dakota keeps the TOD process simple. Fill out a title application at your county treasurer’s office and list the beneficiary in the TOD section. It’s a direct way to ensure the car goes where you want it to after death.
Tennessee
To sell a deceased person’s car in Tennessee, the process depends on whether an executor or administrator has been appointed and whether a will exists. If someone has been appointed by the court, they must sign the existing certificate of title to transfer ownership to the new owner.
You’ll need either the probated will or certified letters of testamentary to prove who has the authority to handle the transfer. If the deceased left no will, all heirs must complete Tennessee’s affidavit of inheritance form along with a copy of the death certificate.
Tennessee requires you to file everything through your local county clerk’s office. They handle both the title and registration applications together. The process is clear once you have the correct court documents.
Texas
To sell a deceased person’s car in Texas, check if there’s a beneficiary designation first. Texas uses Form VTR-121 (Beneficiary Designation for a Motor Vehicle) that lets owners name someone to inherit the car automatically. The beneficiary has 180 days after death to claim it, or it goes through regular inheritance laws.
If there’s no beneficiary designation, Texas has other options like the Affidavit of Heirship for Motor Vehicle (Form VTR-262) if all heirs agree and the estate qualifies. Joint owners need a Rights of Survivorship Agreement (Form VTR-122) on file to designate beneficiaries.
Texas makes it clear that wills don’t override beneficiary designations. The named beneficiary gets the car regardless of what any will says. You can change or revoke beneficiary designations anytime while you’re alive, but it requires submitting new paperwork with the applicable title fee.
Utah
To sell a deceased person’s car in Utah, you’ll need to complete a title transfer following their standard procedures. The seller must provide either the original certificate of title or Form TC123 (Application for Utah Duplicate Title) with proper signatures releasing ownership.
Utah requires Form TC-656 (Application for Utah Title and Registration) completed by the new owners, plus government-issued ID for everyone listed. If you’re registering the vehicle and live in Salt Lake, Davis, Weber, Cache, or Utah counties, you might need an emissions inspection.
Utah also offers an online Person-to-Person Title Transfer Service to handle transfers electronically. You can call their DMV at (801) 297-7780 for assistance with the process or fee estimates.
Vermont
To sell a deceased person’s car in Vermont, they offer a Transfer on Death option that only applies to vehicles with one owner. You can add or remove a designated transferee using Form VT-007, which costs $42 and requires the original Vermont title.
The current owner retains all rights until death, and the designated transferee does not acquire ownership rights until then. Once the owner dies, the transferee becomes the owner but is still subject to any existing security interests on the vehicle.
Vermont requires new plates and subjects the transfer to registration, tax, and title fees unless exempt under their tax laws. The transferee will need to obtain new registration and cannot use the deceased person’s plates.
Virginia
To sell a deceased person’s car in Virginia, the process depends on whether you’re a co-owner with survivorship rights. If your name is on the title with “or” between names or it states “or survivor,” you only need a certified death certificate, the title, and payment of fees to obtain a new title in your name only.
If you’re not a co-owner or don’t have survivorship rights, you’ll need additional documentation. If there’s no executor appointed, you can use Form VSA 24 (Authority to Transfer Virginia Title Certification) along with a copy of the will, or just the VSA 24 if there’s no will.
Virginia also accepts small estate affidavits if the deceased’s estate is worth under $50,000. You won’t have to pay Sales and Use Tax if the vehicle transfers to you as an heir, which can save you a lot of money.
Washington
To sell a deceased person’s car in Washington, you have several options depending on the situation. The vehicle can be titled in the name of the estate, transferred by a personal representative, or transferred by a surviving owner if joint tenancy was indicated on the certificate.
For administered estates, you need Letters of Testamentary, Letters of Administration, or a Certificate of the County Clerk. For joint tenants with survivorship rights, just a copy of the death certificate works. Community property requires both a death certificate and a copy of the community property agreement.
For non-administered estates, Washington accepts either an Affidavit of Inheritance or Affidavit of Succession along with the death certificate. The name on an estate title shows as “Estate of (deceased’s name).” Washington requires the title signature to be notarized, regardless of whether you’re a personal representative, joint tenant, or using an affidavit process.
West Virginia
To sell a deceased person’s car in West Virginia, pay attention to how ownership is shown on the title. If “OR” appears between two names, the survivor signs as both seller and purchaser on the title. If it’s “AND” between names, you need two signatures: the survivor plus an executor, administrator, or legal heir signing for the deceased.
If there’s no will or administrator, legal heirs can complete Form DMV-185-TR (Legal Heir Affidavit) along with a copy of the death certificate. This lets the heir sign on behalf of the deceased owner to transfer the title.
West Virginia requires court appointment documents for executors or administrators. They won’t accept just a copy of the will. You’ll also need the properly assigned title, odometer disclosure, insurance information, and current registration card.
Wisconsin
To sell a deceased person’s car in Wisconsin, surviving spouses and domestic partners can transfer up to five vehicles with no title fee using Form MV2300 (Statement of Transfer of Vehicles). They can either title the vehicles in their name or sell them directly by signing as seller and providing the buyer with Form MV2300.
Other heirs can use the same form but must certify the deceased has no solely owned property exceeding $50,000 in value, and they’ll pay the $164.50 title transfer fee. Wisconsin waives replacement title fees for surviving spouses, domestic partners, and qualifying family members.
For joint ownership, if it says “or” between names, only one signature is needed. If it says “and,” both the surviving co-owner and the deceased’s legal representative must sign (you can sign twice if you’re both).
Wyoming
To sell a deceased person’s car in Wyoming, the state implemented a new Transfer on Death system in July 2025 (Senate File 39). This creates a beneficiary designation form that lets vehicle owners arrange for automatic title transfer to a named beneficiary upon death.
The system requires county clerks to provide beneficiary designation forms with fields for vehicle information, owner names, beneficiary information, and all owners’ signatures. Upon death, the beneficiary presents the form, proof of death, and title application fee to get a new certificate.
Wyoming’s system makes it a “nonprobate transfer” under their Probate Code, and owners can revoke or change beneficiaries anytime while alive. The beneficiary gets the vehicle subject to any existing liens or security interests. For any Wyoming title transfer that doesn’t go through the TOD system, note that Wyoming requires the seller’s signature on the title to be notarized.
Common Challenges and How to Handle Them
When You Can’t Find the Title
Every state has procedures for this situation, but you’ll need to get a duplicate title in the deceased person’s name first.
What to do:
- Call your state’s DMV and ask for a duplicate title application
- You’ll need the death certificate and proof of your authority (executor letters, etc.)
- Some states let you include a lost title statement in your small estate affidavit
- Expect to pay duplicate title fees (approximately $5 to $95 depending on the state)
Multiple Heirs Can’t Agree
When several people inherit the same car, selling it gets complicated fast.
Possible solutions:
- One heir buys out the others’ shares
- Sell the car and split the proceeds
- Get everyone to sign off on one person handling the sale
- If you can’t agree, you might need court intervention
Pro tip: Put any agreement in writing to avoid problems later.
The Car Needs Expensive Repairs
You’re not required to fix a deceased person’s car before selling it, but repairs might help you get more money.
Consider these factors:
- Cost of repairs vs. potential increase in sale price
- Whether the estate has money for repairs
- If the car is safe to drive and be shown to buyers
- Whether selling as-is makes more sense
Out-of-State Title Issues
If the deceased lived in one state but the car is titled in another, things get more complicated.
The rule: You usually need to follow the title state’s laws, not where the person died. If the title is from Texas, you follow Texas rules even if the person died in Florida.
What to do:
- Call the DMV in the title state
- Ask about transferring to an out-of-state heir
- Some states let you handle this by mail
- You might need to transfer the title to yourself in the title state, then transfer it again in your home state
Compare Instant Offers
Compare Instant Offers
FAQ
Can I sell a deceased person’s car without probate?
Sometimes, yes. If the car was jointly owned with survivorship rights, had a Transfer-on-Death designation, or the estate qualifies for small estate procedures, you can often skip probate.
Each state has its own rules and thresholds, so check your state’s section above for the specifics.
What happens if there’s still a loan on the deceased person’s car?
The loan doesn’t disappear when someone dies. The estate is responsible for paying it off, or a co-signer becomes fully responsible for the debt.
You can’t sell the car until the loan is paid off and you get a clear title from the lender.
Learn more: How to Sell a Financed Car
How long does it take to transfer a car title after someone dies?
It depends on your state and situation. Small estate procedures might take 30 to 90 days after the waiting period. Full probate can take 6 months to 2 years. Simple survivorship transfers might only take a few weeks.
Do I need a lawyer to sell a deceased person’s car?
Not always, but it helps if the situation is complicated. You can often handle small estate procedures on your own.
Consider seeking legal help if there are multiple heirs, disputes, debts, or valuable assets involved.
What if the car title is in both the deceased person’s name and their spouse’s name?
This usually makes things easier. If the title shows “or” between names or says “with right of survivorship,” the surviving spouse automatically owns the whole car.
They need to present their ID and a death certificate to update the title.
Can I drive a deceased person’s car while waiting for the title transfer?
Check with your state’s laws. Some states let you drive the car if you’re the appointed executor or administrator.
Others require the title to be transferred first. Make sure the insurance is still valid and covers you as a driver.
What documents do I need to sell a deceased person’s car?
You’ll almost always need a certified death certificate, the vehicle title (or duplicate application), and proof of your authority to sell (court letters, small estate affidavit, or proof of heirship).
Each state also has specific forms. Check your state’s section above for the exact paperwork required.
How do I cancel insurance on a deceased person’s car?
Call the insurance company and tell them the policyholder died. They’ll want a copy of the death certificate.
This stops ongoing premium charges and protects the estate from liability. Don’t cancel until after you’ve transferred the title.
What if the deceased person had credit life insurance on their car loan?
Credit life insurance pays off the loan when the borrower dies. Check the loan paperwork or call the lender to see if this coverage exists.
If it does, the insurance company should automatically pay off the remaining balance.
Can multiple heirs sell a car together?
Yes, but everyone needs to agree and sign the necessary paperwork. Some states require all heirs to sign the title transfer.
It’s easier if you designate one person to handle the sale and distribution of proceeds.
What happens if the car is worth more than the small estate threshold?
You’ll probably need to go through regular probate instead of using simplified procedures.
The threshold applies to the total value of the estate, not just the car. A $20,000 car in a $200,000 estate won’t qualify for small estate treatment in most states.
How do I determine the value of a deceased person’s car for estate purposes?
Use resources like Kelley Blue Book or Edmunds to get fair market value. For rare or classic cars, you might need a professional appraisal.
The IRS usually accepts these standard valuation tools for estate tax purposes.
What if the deceased person’s car is registered in a different state?
You’ll need to follow that state’s title transfer laws, not the laws where the person died. This can mean dealing with out-of-state DMV offices, which might require mailing documents or traveling.
Some states have reciprocal agreements that make this easier. Call the DMV in the title state first to understand your options.
Do I have to pay taxes when inheriting a car?
Inheritance taxes vary by state. Most states don’t have them, but a few do. You might also owe federal estate tax if the total estate is very large.
The car’s value gets “stepped up” to fair market value, so you won’t owe capital gains tax on appreciation that happened before the death.
What if there are liens on the deceased person’s car?
All liens must be paid off before you can sell the car with a clear title. This includes car loans, title loans, or mechanic’s liens.
The estate is responsible for paying these debts. If there’s not enough money, the lienholder might repossess the car.
Can I sell a car that’s in a trust?
If the car was properly transferred to a trust before death, the successor trustee can sell it according to the trust terms.
This typically doesn’t require involvement of the probate court. Check the trust document for specific instructions about selling assets.
What happens if the deceased person died without a will?
The car becomes part of their “intestate” estate, and state law determines who inherits it. Usually it’s the surviving spouse, then children, then parents, then siblings.
The probate court will appoint an administrator to handle the estate, including selling the car if needed.
How do I handle a car with a Transfer-on-Death designation?
If the title shows a Transfer-on-Death beneficiary, that person can claim the car directly. They need to bring the title, the death certificate, and their ID to the DMV.
The transfer happens outside of probate and is usually much faster than other methods.
What if the car needs repairs before I can sell it?
You’re not required to fix anything, but repairs might increase the sale price. Consider the cost of repairs versus the potential increase in value.
If the estate doesn’t have the funds for repairs, you can sell the car as-is and inform the buyer about any existing problems.
Can I sell a deceased person’s car to pay their debts?
Yes, this is actually one of the main reasons estates sell cars. The executor or administrator has a duty to pay the deceased’s debts before distributing assets to heirs.
Car sale proceeds go into the estate account and can be used to pay creditors.
Article Update History
The state-by-state rules in this guide were verified directly against each state's DMV and motor vehicle authority. Every form name, fee, and notarization requirement reflects what each state currently requires.
Originally posted and shared with our readers.
Sources
"Executor of Estate: What Do They Do?" Accessed Mar. 14, 2026
"What are letters of administration?" Accessed Mar. 14, 2026
"The Probate Process" Accessed Mar. 14, 2026
"Small Estate Affidavits: What You Need to Know" Accessed Mar. 14, 2026
"Community Property States" Accessed Mar. 14, 2026