How to Sell a Car of a Deceased Person? (50 States Guide)

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Written by Tomas Gutauskas
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Tomas Gutauskas

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Published: Sep 17, 2025
Last Updated: Jul 31, 2026
✓ Fact Checked: Mar 14, 2026
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How to Sell a Car of a Deceased Person? (50 States Guide) 2

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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

  • Many 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 states like New Jersey and North Carolina to $239,700 in California. 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.
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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 $50,000 Small estate affidavit after 30 to 40 days
Medium threshold states $50,000 to $100,000 Simplified probate or affidavit process
High threshold states $100,000 and above More generous small estate procedures
No-threshold states Not applicable Probate vs non-probate status decides the path

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.

Some states are the exception. California and Hawaii both leave registered vehicles out of the estate calculation, so the car itself doesn’t push you over the line.

States with Transfer-on-Death Options

Many 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.

What to file: Form MVT 5-6 (Next of Kin Affidavit)

Value limit: no dollar threshold, since a probate vs non-probate process decides the path

Requirements: If probated: letters testamentary or letters of administration. If not probated: Form MVT 5-6 plus death certificate, notarized.

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

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 an 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.

What to file: Form 32-6901 (Non-Probate Affidavit)

Value limit: $50,000 vehicle value cap; owner must have died at least 30 days prior

Requirements: Completed Form 32-6901 (notarized), certified death certificate, the vehicle title, state-issued ID, and proof of relationship.

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.

What to file: Form 10-306 (Affidavit of Inheritance of a Motor Vehicle), or Letters Testamentary or Letters of Administration if probated

Value limit: $100,000, the small estate threshold under Arkansas Code 28-41-101

Requirements: If probated: Letters Testamentary or Letters of Administration with the title. If not probated: Form 10-306 affidavit plus a copy of the death certificate. The heir must title the vehicle in their own name before selling it.

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.

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 the affidavit below if you’re doing a transfer without probate.

What to file: Form REG 5 (Affidavit for Transfer Without Probate)

Value limit: $239,700 for deaths on or after April 1, 2026, or $208,850 for deaths from April 1, 2025 through March 31, 2026, with registered vehicles excluded from the total

Requirements: Download Form REG 5 (Affidavit for Transfer Without Probate) from the DMV website or pick it up at a DMV office, then submit it with the title and a death certificate to transfer ownership. Estate value limits apply.

Even if the estate has other valuable assets, you can often still transfer the car title without probate. 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. 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.

What to file: Form DR 2712 (DMV Small Estate Affidavit), or Letters Testamentary or Letters of Administration if the estate is probated

Value limit: $88,000 for deaths in 2026, $86,000 for 2025, or $82,000 for 2024, adjusted each year for inflation under C.R.S. 15-12-1201, with at least 10 days elapsed since the death

Requirements: If probated: Letters Testamentary or Letters of Administration with the title. If not probated: a completed Form DR 2712 Small Estate Affidavit plus a certified copy of the death certificate, submitted at your county motor vehicle office.

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 also 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.

What to file: Form H-13B (Application for Registration and Title)

Value limit: no fixed dollar threshold; Probate Court determines whether the estate qualifies for transfer without full probate proceedings using Form PC-264 or PC-264S

Requirements: Certificate of Title assigned by the executor or administrator (or Form Q-1 plus most recent registration certificate for vehicles older than 20 model years), a certified Probate Court appointment document, Form H-13B, and proof of Connecticut insurance.

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, there’s a small-estate route and a probate route.

What to file: Form MV-11 (Survivor's Transfer Form for a Vehicle) for the small-estate path, or the title assigned by the executor with Letters Testamentary or Letters of Administration if the estate is probated

Value limit: $30,000 total estate (no Delaware real estate) for the Small Estate Affidavit path under 12 Del. C. § 2306; larger estates or those including real estate require probate

Requirements: If probated: a certified copy of Letters Testamentary or Letters of Administration plus the title assigned by the executor to the new owner. If not probated and the estate is under $30,000 with no Delaware real estate: Form MV-11 (Survivor's Transfer Form for a Vehicle) plus a certified death certificate. Both paths require submission to a Delaware DMV office with the assigned title.

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.

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. Every other situation goes through the estate.

What to file: Affidavit for Transfer of Motor Vehicle (non-probate) or letters testamentary/letters of administration (probate)

Value limit: no dollar threshold, since a probate vs non-probate process decides the path

Requirements: If probated: letters testamentary or letters of administration. If not probated: Affidavit for Transfer of Motor Vehicle plus death certificate.

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.

What to file: Form T-20 (Affidavit of Inheritance) or Letters of Testamentary/Administration if probated

Value limit: no dollar threshold; T-20 used when no probate is needed (only asset, no debts)

Requirements: Inheritor must title the vehicle in their name first before selling or transferring ownership.

If there’s only one heir, you might be able to submit a “No Administration Necessary” document instead of the T-20 form.

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 the affidavit instead.

What to file: Affidavit for Collection of Personal Property (Automobile) of the Decedent, Form 3C-E-312

Value limit: $100,000 gross estate value; motor vehicles registered in the name of the decedent may be transferred regardless of estate value

Requirements: For estates under $100,000: Form 3C-E-312 plus death certificate. For larger estates: Letters Testamentary or Letters of Administration from the probate court.

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, and Hawaii requires appointments through AlohaQ.org for vehicle transfers.

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, the estate takes over.

What to file: Form ITD 3414 (Affidavit of Inheritance) for intestate small estates, or Form ITD 3413 (Small Estate Affidavit) for other small estates

Value limit: $100,000 gross estate value for small estate procedures

Requirements: For an intestate small estate at least 30 days after death: Form ITD 3414 (Affidavit of Inheritance). For other small estates under $100,000: Form ITD 3413 (Small Estate Affidavit). For larger estates: Letters Testamentary or Letters of Administration from probate court. A death certificate is required in all cases.

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.

Illinois

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. Without one on file, the vehicle passes through the estate.

What to file: Form 18733 (Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration)

Value limit: $100,000 (gross probate estate, less liens and encumbrances) under Indiana Code 29-1-8-1(c)

Requirements: If probated: letters testamentary or letters of administration plus the original title and Form 205. If not probated: Form 18733 plus a copy of the death certificate; at least 5 days must have elapsed since the death and no personal representative may be pending.

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.

What to file: Form 411083 (Affidavit of Death Testate, with a will) for non-probate estates with a will, or Form 411088 (Affidavit of Death Intestate) for non-probate estates without a will

Value limit: no specific monetary threshold, the affidavit forms are used when the estate does not go through probate; probated estates use Letters Testamentary or Letters of Administration

Requirements: A copy of the death certificate is required in all cases. For a non-probated estate with a will: Form 411083 (Affidavit of Death Testate) signed by the person entitled to ownership under the will. For a non-probated estate without a will: Form 411088 (Affidavit of Death Intestate) signed by the next of kin. For probated estates: Letters Testamentary or Letters of Administration from probate court. Plus Form 411007 (Application for Certificate of Iowa Title and Registration) and any applicable fees.

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. With no beneficiary named, you’ll go the affidavit route instead.

What to file: Form TR-83b (Claim of Heir and/or Beneficiary Affidavit) for small estates, or Letters Testamentary or Letters of Administration from a Kansas probate court for larger estates

Value limit: $75,000 gross probate estate value for small estate procedures, raised from $40,000 effective July 1, 2023

Requirements: For small estates valued under $75,000 (K.S.A. 59-1507b): Form TR-83b signed by all heirs, plus the original title and a certified death certificate. For larger estates: Letters Testamentary or Letters of Administration appointing the executor, issued by the Kansas probate court, plus the original title and death certificate.

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. Take the completed forms to your local county treasurer’s motor vehicle office.

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. Title notarization in Kentucky is required, so the person signing on behalf of the estate will need a notary.

What to file: Form AOC-830 (Petition/Order to Dispense with Administration) from a Kentucky District Court for small estates, or Letters Testamentary or Letters of Administration for larger estates that require formal probate

Value limit: $30,000 total fair market value under KRS 395.455 for small estate procedures, tied to the surviving spouse exemption under KRS 391.030 which was raised to $30,000 in 2020

Requirements: For small estates valued at $30,000 or less under KRS 395.455: Form AOC-830 (Petition to Dispense with Administration) filed with the District Court in the deceased's county, plus the original title and a certified death certificate. For larger estates: Letters Testamentary or Letters of Administration issued by the Kentucky probate court appointing the executor, plus the original title and death certificate.

Kentucky requires that the same notary public must notarize both the death certificate and any letters you’re submitting. 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, the route depends on whether the succession was opened.

What to file: Affidavit of Heirship for a small succession, or Letters Testamentary or a Judgment of Possession for a probated estate

Value limit: $125,000 or less in gross succession estate, or any amount when the decedent died more than 20 years ago, under Louisiana Code of Civil Procedure article 3421

Requirements: Present the Affidavit of Heirship plus a certified death certificate and the original title at any OMV office, or for a probated estate present Letters Testamentary or a Judgment of Possession instead, and the OMV will issue a new title in the heir's name.

Title notarization in Louisiana is required. Louisiana also 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. 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.

What to file: Form MVT-22 (Affidavit of Surviving Spouse or Personal Representative)

Value limit: $40,000 base, adjusted annually for inflation ($52,500 for 2026)

Requirements: For a surviving spouse or court-appointed personal representative: complete Form MVT-22 (notarized) with a copy of the death certificate, current title, and registration. For others, a probate court letter authorizing the transfer is required. Maine does not accept copies of wills for vehicle title transfers.

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. Maine also recognizes Transfer of Title Upon Death Designated Beneficiary Forms that can be completed ahead of time.

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.

What to file: Form VR-481, Application for Exemption from Estate Administration for a Motor Vehicle, otherwise the original Letters of Administration bearing the Register of Wills raised seal

Value limit: $50,000 in property subject to administration, or $100,000 when the surviving spouse is the sole legatee or heir

Requirements: The decedent must have owned no more than two registered vehicles, the surviving spouse must be the only heir or legatee, all debts and taxes must be paid, and proof of marriage plus the death certificate must be given to the MVA.

Maryland waives the title fee for transfers between spouses when one is deceased, but all other transfers require the regular fees. Maryland also allows a Transfer on Death beneficiary designation on a vehicle title, which lets the car pass outside the estate entirely.

Massachusetts

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, an heir affidavit handles it, based on Michigan’s inheritance priority: surviving spouse first, then descendants, parents, siblings, and finally closest next-of-kin.

What to file: Form TR-40a (Certification for the Heir to a Vehicle) or Form TR-40b, which replaced the older Form TR-29

Value limit: $100,000 in total vehicle value for deaths in 2024 and 2025, adjusted annually for later years, under MCL 257.236

Requirements: Bring the affidavit and the original title to a Secretary of State branch office to transfer the title into your name first.

Because that cap is indexed, the Michigan Department of Treasury publishes the vehicle-value limit for each year by September 1 of the year before. Michigan also has 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,” the path depends on whether you’re a surviving spouse, whether the vehicle is subject to probate, and whether there are legal heirs.

What to file: Form PS2071 (Assignment of a Vehicle to a Surviving Spouse/Not Subject to Probate) for a surviving spouse, an Affidavit for Collection of Personal Property for a small estate, or court-issued probate documents for a probated estate

Value limit: $75,000 or less in the decedent's probate estate under Minn. Stat. section 524.3-1201, using the Affidavit for Collection of Personal Property

Requirements: Present the appropriate form (Form PS2071 for a surviving spouse, the small estate Affidavit for Collection of Personal Property, or court-issued probate documents), a certified copy of the death certificate, and the original title at any deputy registrar office, and the DVS will issue a new title in the heir's name.

Minnesota also recognizes 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 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.

What to file: Title Application Form 78-002, with Affidavit of Heirship Form 78-014 when there is no will

Value limit: no dollar threshold, since the will and probate status decide the path

Requirements: A title joined by OR needs only the surviving spouse's signature, a title joined by AND needs the surviving spouse plus a probated will, and with no will you use a letter of administration or testamentary or Affidavit of Heirship Form 78-014, then submit the title and forms to the county Tax Collector.

Title notarization in Mississippi is not required. 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.

Missouri

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.

What to file: Form MV12 Application for Title of a Vehicle by Right of Survivorship or Inheritance, submitted with Form MV1

Value limit: $50,000, with estates under that amount able to use an Affidavit for Collection of Personal Property and estates at or above it requiring a probate-appointed personal representative

Requirements: If probated, the personal representative provides certified Letters Testamentary or Letters of Administration with the title and Form MV1, if not probated and the estate is under $50,000, the heir uses Form MV12 with a copy of the death certificate.

Montana assumes joint tenancy for multiple names on titles, so surviving owners can either keep the vehicle or sell it. Title notarization in Montana is not required, and bill of sale notarization is not required.

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.

What to file: Affidavit for Transfer of Decedent's Vehicle/Motorboat for a small estate, or Letters Testamentary or Letters of Administration for a probated estate

Value limit: $100,000 or less in the decedent's total personal property, at least 30 days after death, under Nebraska Revised Statute 30-24,125

Requirements: If probated: Letters Testamentary or Letters of Administration with the title. If not probated: a completed Affidavit for Transfer of Decedent's Vehicle/Motorboat plus a certified copy of the death certificate, submitted to the county treasurer's office with the title.

Nebraska requires either a Bill of Sale or Form 6 (Nebraska Sales/Use Tax and Tire Fee Statement), and bill of sale notarization is not required (the state form has a notary line, but it is optional). 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.

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.

What to file: Form VP 024 (Affidavit for Transfer of Title for Estates Without Probate), or Form VP 239 (Transfer on Death) if the owner named a beneficiary, or court documents if the estate is probated

Value limit: $25,000 or less in Nevada property excluding vehicles, or $100,000 for a surviving spouse, at least 40 days after death

Requirements: If probated: court documents showing entitlement plus a certified death certificate and the title. If not probated: a notarized Form VP 024 plus a certified death certificate and the title. For a named beneficiary: Form VP 239 with the title fee and certified death certificate. The heir titles the vehicle in their own name before selling it.

The beneficiary must surrender the deceased person’s license plates and driver’s license to the DMV. Nevada also requires 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.

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. If joint ownership uses “and” between names, they need to designate survivorship preference on their title application. Anything else runs through probate.

What to file: No dedicated DMV inheritance form, since the executor or administrator signs the title using Letters Testamentary or Letters of Administration from the probate court

Value limit: no dollar threshold, since probate runs through the Circuit Court

Requirements: Present the original title plus Letters Testamentary or Letters of Administration from the probate court to your town or city clerk. For small estates that bypass probate, contact your local DMV office or town clerk for the required documents.

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.

What to file: Form BA-62

Value limit: $50,000 or less with a surviving spouse, domestic partner, or civil union partner, or $20,000 or less with heirs but no surviving spouse; larger estates require an Administrator's Short Certificate

Requirements: Title properly signed by surviving owner, heir, or administrator; raised seal from County Surrogate of decedent's county; death certificate; appropriate affidavit; in-person at MVC Vehicle Center by appointment.

New Jersey also has Transfer on Death Beneficiary Forms that let you designate who will inherit the car without it going through the estate. For estates, you’ll need an Entity Identification Number (EIN) if the title goes to the estate. If both spouses are on the title, the survivor pays $60 for the new title.

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.

What to file: Certificate of Transfer Without Probate (Form MVD-10011) or Affidavit of Claiming Successor (Form MVD-10013)

Value limit: $50,000, the value of the entire estate less liens and encumbrances, for the claiming successor process

Requirements: Provide the title, the inheritance form, a certified death certificate, and a release of lien if one is shown, then submit to an MVD field office.

For court-appointed situations, you need the Order Appointing Personal Representative from the District, Probate, or Tribal Court. The Transfer Without Probate option only works for vehicles previously titled in New Mexico, and the claiming successor process requires a 30 day wait.

New York

To sell a deceased person’s car in New York, surviving spouses get automatic ownership of one vehicle 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.”

What to file: Form MV-349.1 (Affidavit for Transfer of Motor Vehicle) for a surviving spouse or minor child, Form MV-349 (Transfer of Vehicle Registered in Name of Deceased Person) for next of kin when there is no surviving spouse or minor child, or Letters Testamentary or Letters of Administration from Surrogate's Court for a probated estate

Value limit: $25,000 vehicle value limit for the small estate path under EPTL section 5-3.1 using Form MV-349.1 (surviving spouse or minor child) or Form MV-349 (next of kin); estates with more than one vehicle, with a vehicle worth more than $25,000, or that require probate must use Letters Testamentary or Letters of Administration

Requirements: If the estate is probated: a photocopy of Letters Testamentary or Letters of Administration plus the title transferred by the executor or administrator. If the estate is not probated and the vehicle is worth $25,000 or less: a notarized Form MV-349.1 (for a surviving spouse or minor child) or Form MV-349 (for next of kin) plus a photocopy of the death certificate. The heir submits the package at any DMV office along with Form MV-82 and a New York State insurance card.

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 its simplified forms for out-of-state titles. You need proper executor or administrator appointment and must handle it through that state.

North Carolina

To sell a deceased person’s car in North Carolina, one affidavit handles most non-probate cases. It applies 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.

What to file: Form MVR-317

Value limit: no statewide dollar cap on Form MVR-317, though collection by affidavit requires an estate of $20,000 or less, or $30,000 when the surviving spouse is the sole heir

Requirements: MVR-317 is a security paper form obtained from the Clerk of Superior Court, so it is not downloadable. All heirs must sign it in the presence of a notary, and the Clerk certifies the form before it is submitted to the NCDMV.

The affidavit needs 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. If there are minor or incompetent children without a guardian, the surviving spouse can sign for them. Title notarization in North Carolina is required. For jointly owned vehicles with survivorship rights, the surviving owner just needs the death certificate.

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.

What to file: Affidavit for Collection of Personal Property of the Decedent Form SFN 2916 for estates not exceeding $50,000, otherwise a personal representative signs the title

Value limit: $50,000, the estate must not exceed this to use the small estate affidavit

Requirements: For a small estate provide the title and the Affidavit for Collection of Personal Property of the Decedent SFN 2916, otherwise a court appointed personal representative signs the Seller's Assignment, then submit to a Motor Vehicle office.

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 to a Motor Vehicle), and ID to get a new title. Joint ownership with “Rights of Survivorship” (WROS) works similarly.

What to file: Form BMV 3773 (Surviving Spouse Affidavit), Letters Testamentary, or Letters of Administration, depending on the situation

Value limit: $65,000 in vehicle value (ORC 2106.18)

Requirements: A surviving spouse files Form BMV 3773 with the original title, death certificate, and Form BMV 3774; probated estates use Letters Testamentary or Letters of Administration; Transfer on Death beneficiaries use the original title plus death certificate and Form BMV 3774.

Ohio makes the distinction clear on titles. Look for “OR,” “AND,” or “WROS” to know which process applies. Title notarization in Ohio is required, so the executor or surviving owner signing will need a notary.

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.

If there’s no TOD designation, you’ll go through the estate.

What to file: Letters testamentary plus the death certificate when probated, or Form 798 No Administrator Affidavit when no probate and no superior claim

Value limit: $50,000, with estates under that amount needing no probate and able to use Form 405 Small Estate Affidavit

Requirements: If probated, present the letters testamentary and a copy of the death certificate to Service Oklahoma or a Licensed Operator, if not probated and no superior claim exists, use Form 798, if the estate is under $50,000 use Form 405.

Title notarization in Oklahoma is required.

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.

What to file: Form 735 516 Inheritance Affidavit, signed and notarized by all heirs

Value limit: no dollar threshold, since the Inheritance Affidavit is used whenever the estate is not probated and a probated estate uses court-issued Letters Testamentary

Requirements: Form 735 516 Inheritance Affidavit, signed and notarized by all heirs showing who was awarded the vehicle, submitted with the title if available, an Application for Title and Registration, Form 735 226, and the title fee.

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 with no entries on the title’s reverse side. Spouses pay no fee, others pay a title fee.

What to file: Form MV-39 (Notification of Assignment/Correction of Vehicle Title Upon Death of Owner)

Value limit: no dollar threshold; process depends on whether the estate is probated and whether there is a surviving spouse, joint tenant, or other heirs

Requirements: If probated: certified copy of letters testamentary or letters of administration plus title; if not probated: Form MV-39 plus death certificate; surviving spouse co-owner or joint tenant with right of survivorship can transfer without title fee.

Pennsylvania also allows unprobated wills if the vehicle goes to a surviving spouse, child, or parent, and lets the vehicle stay registered in the estate’s name during probate. Title notarization in Pennsylvania is required, so bring a notary or visit a bank before submitting your paperwork.

Rhode Island

To sell a deceased person’s car in Rhode Island, the documents you need depend 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.

What to file: The Application for Registration and Certificate of Title (TR-1), submitted to the RI DMV with the estate documents

Value limit: not published (the requirements depend on whether the estate goes through probate)

Requirements: Bring the vehicle title if one exists, a death certificate, and estate or probate documentation such as a voluntary executor form from your city or town hall, with the TR-1 to transfer at the DMV.

For situations with no surviving spouse and no executor, Rhode Island uses a Sole Heir Affidavit that replaces the normal title transfer section, so you leave the back of the title blank. Rhode Island started titling all vehicles in 2024, so requirements differ for older vehicles. All out-of-state vehicles need VIN inspections from local police.

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. With no TOD designation, the probate court decides the path.

What to file: A Probate Court Order, an Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings, or a Certificate of Appointment for a Personal Representative, submitted with Form 400 to the SCDMV

Value limit: not published (the probate court sets it and the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings covers smaller estates outside full probate)

Requirements: The probate court order, small estate affidavit, or Certificate of Appointment plus Form 400 submitted to the SCDMV, with the Affidavit only allowing the vehicle to be titled in the name of the person appointed by the Probate Court.

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. To add or remove one while you’re alive, you need Form TOD-1, the certificate of title, and a $15 title fee.

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. Where no beneficiary was named, the affidavit route applies.

What to file: Form 1013 (Succession Affidavit) for a non-probated estate, or Letters Testamentary or Letters of Administration if the estate is probated

Value limit: $100,000, the value of the entire estate less liens and encumbrances, for collection by affidavit under SDCL 29A-3-1201

Requirements: For a non-probated estate, a notarized Form 1013 (Succession Affidavit) at least 30 days after death with no personal representative pending, plus the original title, a death certificate, and a title application; for a probated estate, Letters Testamentary or Letters of Administration with the title.

When a TOD beneficiary was named, they apply for a new title and provide a copy of the death certificate. That path avoids probate entirely if it was set up ahead of time.

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.

What to file: Form RV-F1310501 (Affidavit of Inheritance)

Value limit: $50,000 (small estate threshold for deaths after 2014; $25,000 for deaths before 2014)

Requirements: If probated: Letters Testamentary or Letters of Administration with the title. If not probated: completed Affidavit of Inheritance signed by all heirs plus a copy of the death certificate, filed with the local county clerk.

Tennessee requires you to file everything through your local county clerk’s office. They handle both the title and registration applications together.

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, the heirship route applies. Joint owners need a Rights of Survivorship Agreement (Form VTR-122) on file to designate beneficiaries.

What to file: Form VTR-262

Value limit: no specific threshold (used when there is no will and no probate)

Requirements: All heirs must sign it, and it must be notarized.

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 the standard procedures. The seller must provide either the original certificate of title or Form TC-123 (Application for Utah Duplicate Title) with proper signatures releasing ownership.

What to file: Form TC-656 (Application for Utah Title and Registration) with letters testamentary or letters of administration for a probated estate; a small-estate affidavit for an estate not requiring probate

Value limit: not published

Requirements: For a probated estate, provide letters testamentary or letters of administration. For a small estate, use the Utah affidavit process. If the title lists the owners with OR between them and one owner has died, the surviving owner may sign and transfer without additional forms.

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.

Vermont

To sell a deceased person’s car in Vermont, the route depends on whether the estate was probated.

What to file: Form VT-021 (Deceased Owner Informational Bulletin) with a copy of the death certificate

Value limit: not published

Requirements: A surviving spouse transfers with a death certificate and a completed surviving spouse statement at no fee. A probated estate requires a letter from the Probate Court naming the executor or administrator and the assigned title.

Vermont also offers 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 keeps all rights until death, and the transferee takes the vehicle subject to any existing security interests.

Vermont requires new plates and subjects the transfer to registration, tax, and title fees unless exempt under their tax laws. The transferee 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 you don’t have survivorship rights, you’ll need more paperwork.

What to file: Form VSA 24 (Authority to Transfer Virginia Title Certification)

Value limit: $75,000 (small estate threshold, Va. Code § 64.2-601)

Requirements: If the estate went through probate, submit a certified copy of the Letters Testamentary or Letters of Administration plus the death certificate to transfer the title into your name. If the vehicle passed outside of probate, such as through a TOD (Transfer on Death) designation, submit the death certificate and proof of your relationship. For small estates under $75,000, an affidavit may be used instead.

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.

What to file: Affidavit of Inheritance/Litigation (Form TD-420-041)

Value limit: $100,000 in the entire estate subject to probate, less liens and encumbrances, at least 40 days after death, under RCW 11.62.010

Requirements: if no executor or administrator was appointed, the heir completes the Inheritance section of the Affidavit of Inheritance/Litigation (Form TD-420-041), notarized or signed in front of a vehicle licensing agent, and submits it with the title and a copy of the death certificate; an Odometer Disclosure Statement or a Release of Interest may also be required. If the estate is probated, the executor or administrator transfers the title with Letters Testamentary or a court order, using the Litigation section of the same form together with a Vehicle Title Application (Form TD 420 001)

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. The name on an estate title shows as “Estate of (deceased’s name).” Title notarization in Washington is not required.

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. If it’s “AND” between names, you need two signatures: the survivor plus an executor, administrator, or legal heir signing for the deceased.

What to file: Form DMV-185-TR (Legal Heir Affidavit), used when there is no will or appointed administrator

Value limit: no dollar threshold, since a probate vs non-probate process decides the path

Requirements: If a will or administrator exists, a certified copy of the court appointment is attached to the title. If none exists, the legal heir completes a notarized Form DMV-185-TR with a copy of the death certificate.

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 take a different route.

What to file: Transfer by Affidavit

Value limit: $50,000 in gross value of property subject to administration in Wisconsin, under Wis. Stat. section 867.03

Requirements: For estates under $50,000 not requiring probate: heir completes a Transfer by Affidavit at the DMV. For probated estates: court-appointed personal representative signs over the title.

Other heirs 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.

Wyoming

To sell a deceased person’s car in Wyoming, the state implemented a 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.

County clerks 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. Owners can revoke or change beneficiaries anytime while alive, and the beneficiary takes the vehicle subject to any existing liens.

Outside that system, the county clerk works from the estate paperwork.

What to file: No specific inheritance title form, since the county clerk requires letters testamentary or letters of administration and a death certificate

Value limit: no dollar threshold, since a probate vs simplified small-estate affidavit process decides the path

Requirements: If a will or administrator exists, attach a certified copy of the court appointment and a death certificate. For small estates outside formal probate, a simplified affidavit may be allowed. Contact your county clerk for the documents required.

Title notarization in Wyoming is required.

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 (roughly $2 to $75 depending on the state)

Learn more: How to Get a Replacement Title in Your 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. Several states require every heir to sign the affidavit, so one holdout can stall the whole transfer.

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

Learn more: How to Sell a Car Out of State

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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.

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Article Update History

Fact-checked

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.

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Originally posted and shared with our readers.

Executor of Estate

"Executor of Estate: What Do They Do?" Accessed Mar. 14, 2026

Letter of Administration

"What are letters of administration?" Accessed Mar. 14, 2026

Probate

"The Probate Process" Accessed Mar. 14, 2026

Small Estate Affidavit

"Small Estate Affidavits: What You Need to Know" Accessed Mar. 14, 2026

Community Property States

"Community Property States" Accessed Mar. 14, 2026

Inherited Vehicle Title Transfer Form

"Form MVT 5-6 (Next of Kin Affidavit)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"no dollar threshold, since a probate vs non-probate process decides the path" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 827 (Affidavit for an Estate with Assets of $150,000 or Less), or Letters Testamentary/Letters of Administration if probated" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 32-6901 (Non-Probate Affidavit)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 10-306 (Affidavit of Inheritance of a Motor Vehicle), or Letters Testamentary or Letters of Administration if probated" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000, the small estate threshold under Arkansas Code 28-41-101" Accessed Sep. 10, 2026

Duplicate Title Application Form

"Form REG 227" Accessed Sep. 15, 2026

Inherited Vehicle Title Transfer Form

"Form REG 5 (Affidavit for Transfer Without Probate)" Accessed Sep. 15, 2026

Inherited Vehicle Estate Value Threshold

"$239,700 for deaths on or after April 1, 2026, or $208,850 for deaths from April 1, 2025 through March 31, 2026, with registered vehicles excluded from the total" Accessed Sep. 15, 2026

Inherited Vehicle Title Transfer Form

"Form DR 2712 (DMV Small Estate Affidavit), or Letters Testamentary or Letters of Administration if the estate is probated" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$88,000 for deaths in 2026, $86,000 for 2025, or $82,000 for 2024, adjusted each year for inflation under C.R.S. 15-12-1201, with at least 10 days elapsed since the death" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form H-13B (Application for Registration and Title)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MV-11 (Survivor's Transfer Form for a Vehicle) for the small-estate path, or the title assigned by the executor with Letters Testamentary or Letters of Administration if the estate is probated" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit for Transfer of Motor Vehicle (non-probate) or letters testamentary/letters of administration (probate)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form T-20 (Affidavit of Inheritance) or Letters of Testamentary/Administration if probated" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit for Collection of Personal Property (Automobile) of the Decedent, Form 3C-E-312" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000 gross estate value; motor vehicles registered in the name of the decedent may be transferred regardless of estate value" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form ITD 3414 (Affidavit of Inheritance) for intestate small estates, or Form ITD 3413 (Small Estate Affidavit) for other small estates" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000 gross estate value for small estate procedures" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Small Estate Affidavit for estates under $100,000, Attorney's Affidavit if the Small Estate Affidavit doesn't apply, or Letters of Administration/Testamentary if probated; submit with Form VSD 190" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 18733 (Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 411083 (Affidavit of Death Testate, with a will) for non-probate estates with a will, or Form 411088 (Affidavit of Death Intestate) for non-probate estates without a will" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form TR-83b (Claim of Heir and/or Beneficiary Affidavit) for small estates, or Letters Testamentary or Letters of Administration from a Kansas probate court for larger estates" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$75,000 gross probate estate value for small estate procedures, raised from $40,000 effective July 1, 2023" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form AOC-830 (Petition/Order to Dispense with Administration) from a Kentucky District Court for small estates, or Letters Testamentary or Letters of Administration for larger estates that require formal probate" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit of Heirship for a small succession, or Letters Testamentary or a Judgment of Possession for a probated estate" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$125,000 or less in gross succession estate, or any amount when the decedent died more than 20 years ago, under Louisiana Code of Civil Procedure article 3421" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MVT-22 (Affidavit of Surviving Spouse or Personal Representative)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$40,000 base, adjusted annually for inflation ($52,500 for 2026)" Accessed Sep. 10, 2026

Duplicate Title Application Form

"Form MVT-8" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form VR-481, Application for Exemption from Estate Administration for a Motor Vehicle, otherwise the original Letters of Administration bearing the Register of Wills raised seal" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit of Surviving Spouse (for surviving spouse), Voluntary Administration Statement Form MPC 170 (for small estates), or Letters Testamentary or Letters of Administration (for probated estates)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$25,000 in personal property excluding one motor vehicle (small estate threshold for voluntary administration under MGL Chapter 190B Section 3-1201)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form TR-40a (Certification for the Heir to a Vehicle) or Form TR-40b, which replaced the older Form TR-29" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000 in total vehicle value for deaths in 2024 and 2025, adjusted annually for later years, under MCL 257.236" Accessed Sep. 10, 2026

Inherited Vehicle Form Requirements

"Bring the affidavit and the original title to a Secretary of State branch office to transfer the title into your name first." Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form PS2071 (Assignment of a Vehicle to a Surviving Spouse/Not Subject to Probate) for a surviving spouse, an Affidavit for Collection of Personal Property for a small estate, or court-issued probate documents for a probated estate" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$75,000 or less in the decedent's probate estate under Minn. Stat. section 524.3-1201, using the Affidavit for Collection of Personal Property" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Title Application Form 78-002, with Affidavit of Heirship Form 78-014 when there is no will" Accessed Sep. 10, 2026

Title Notarization Required?

"not required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 108 (Application for Missouri Title and License) plus probate documentation (Letters Testamentary, Small Estate Certificate, or Form 2305 for surviving spouse or minor children)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$40,000 limit for the small estate affidavit process; estates over $40,000 require formal probate" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MV12 Application for Title of a Vehicle by Right of Survivorship or Inheritance, submitted with Form MV1" Accessed Sep. 10, 2026

Title Notarization Required?

"not required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit for Transfer of Decedent's Vehicle/Motorboat for a small estate, or Letters Testamentary or Letters of Administration for a probated estate" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000 or less in the decedent's total personal property, at least 30 days after death, under Nebraska Revised Statute 30-24,125" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form VP 024 (Affidavit for Transfer of Title for Estates Without Probate), or Form VP 239 (Transfer on Death) if the owner named a beneficiary, or court documents if the estate is probated" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"No dedicated DMV inheritance form, since the executor or administrator signs the title using Letters Testamentary or Letters of Administration from the probate court" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"no dollar threshold, since probate runs through the Circuit Court" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form BA-62" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$50,000 or less with a surviving spouse, domestic partner, or civil union partner, or $20,000 or less with heirs but no surviving spouse; larger estates require an Administrator's Short Certificate" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Certificate of Transfer Without Probate (Form MVD-10011) or Affidavit of Claiming Successor (Form MVD-10013)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MV-349.1 (Affidavit for Transfer of Motor Vehicle) for a surviving spouse or minor child, Form MV-349 (Transfer of Vehicle Registered in Name of Deceased Person) for next of kin when there is no surviving spouse or minor child, or Letters Testamentary or Letters of Administration from Surrogate's Court for a probated estate" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$25,000 vehicle value limit for the small estate path under EPTL section 5-3.1 using Form MV-349.1 (surviving spouse or minor child) or Form MV-349 (next of kin); estates with more than one vehicle, with a vehicle worth more than $25,000, or that require probate must use Letters Testamentary or Letters of Administration" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MVR-317" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"no statewide dollar cap on Form MVR-317, though collection by affidavit requires an estate of $20,000 or less, or $30,000 when the surviving spouse is the sole heir" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit for Collection of Personal Property of the Decedent Form SFN 2916 for estates not exceeding $50,000, otherwise a personal representative signs the title" Accessed Sep. 10, 2026

Duplicate Title Application Form

"Form BMV 3774 (Application for Certificate of Title to a Motor Vehicle)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form BMV 3773 (Surviving Spouse Affidavit), Letters Testamentary, or Letters of Administration, depending on the situation" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$65,000 in vehicle value (ORC 2106.18)" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Letters testamentary plus the death certificate when probated, or Form 798 No Administrator Affidavit when no probate and no superior claim" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 735 516 Inheritance Affidavit, signed and notarized by all heirs" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form MV-39 (Notification of Assignment/Correction of Vehicle Title Upon Death of Owner)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"no dollar threshold; process depends on whether the estate is probated and whether there is a surviving spouse, joint tenant, or other heirs" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"The Application for Registration and Certificate of Title (TR-1), submitted to the RI DMV with the estate documents" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"A Probate Court Order, an Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings, or a Certificate of Appointment for a Personal Representative, submitted with Form 400 to the SCDMV" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form 1013 (Succession Affidavit) for a non-probated estate, or Letters Testamentary or Letters of Administration if the estate is probated" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000, the value of the entire estate less liens and encumbrances, for collection by affidavit under SDCL 29A-3-1201" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form RV-F1310501 (Affidavit of Inheritance)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$50,000 (small estate threshold for deaths after 2014; $25,000 for deaths before 2014)" Accessed Sep. 10, 2026

Inherited Vehicle Form Requirements

"If probated: Letters Testamentary or Letters of Administration with the title. If not probated: completed Affidavit of Inheritance signed by all heirs plus a copy of the death certificate, filed with the local county clerk." Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form VTR-262" Accessed Sep. 10, 2026

Duplicate Title Application Form

"Form TC-123 (Application for Utah Duplicate Title)" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form TC-656 (Application for Utah Title and Registration) with letters testamentary or letters of administration for a probated estate; a small-estate affidavit for an estate not requiring probate" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form VT-021 (Deceased Owner Informational Bulletin) with a copy of the death certificate" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form VSA 24 (Authority to Transfer Virginia Title Certification)" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$75,000 (small estate threshold, Va. Code § 64.2-601)" Accessed Sep. 10, 2026

Inherited Vehicle Form Requirements

"If the estate went through probate, submit a certified copy of the Letters Testamentary or Letters of Administration plus the death certificate to transfer the title into your name. If the vehicle passed outside of probate, such as through a TOD (Transfer on Death) designation, submit the death certificate and proof of your relationship. For small estates under $75,000, an affidavit may be used instead." Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$100,000 in the entire estate subject to probate, less liens and encumbrances, at least 40 days after death, under RCW 11.62.010" Accessed Sep. 10, 2026

Title Notarization Required?

"not required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Transfer by Affidavit" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"$50,000 in gross value of property subject to administration in Wisconsin, under Wis. Stat. section 867.03" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"No specific inheritance title form, since the county clerk requires letters testamentary or letters of administration and a death certificate" Accessed Sep. 10, 2026

Bill of Sale Notarization Required?

"not required (the state form has a notary line, but it is optional)" Accessed Sep. 10, 2026

Title Notarization Required?

"required" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Form DMV-185-TR (Legal Heir Affidavit), used when there is no will or appointed administrator" Accessed Sep. 10, 2026

Inherited Vehicle Estate Value Threshold

"no dollar threshold, since a probate vs non-probate process decides the path" Accessed Sep. 10, 2026

Inherited Vehicle Title Transfer Form

"Affidavit of Inheritance/Litigation (Form TD-420-041)" Accessed Sep. 10, 2026

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