DECEASED OWNER
When a vehicle owner has passed away, the correct process for releasing or transferring the vehicle title depends on the way the vehicle was owned and whether probate is required.
- Joint ownership with “OR”: The surviving owner may release the title. No additional documents related to the deceased are required.
- Sole ownership or joint ownership with “AND”: The vehicle becomes part of the deceased owner’s estate and must follow probate procedures unless the estate qualifies for the Small Estate Affidavit (assets $150,000 or less).
Title Transfers
This process applies if the deceased person:
- Was the sole owner of the vehicle, or
- Owned the vehicle jointly with the conjunction “AND.”
In these situations, the vehicle becomes part of the deceased person’s estate and must go through probate.
Who Can Transfer the Vehicle
Only the court‑appointed representative of the estate may transfer or sell the vehicle. This person will have one of the following documents:
- Letters Testamentary
- Letters of Administration
- Letter of Appointment
These documents give the representative the authority to sign the title or complete a lost title affidavit on behalf of the deceased owner.
If the Title Is Lost
A duplicate title must be obtained before the vehicle can be transferred. A form 809 Affidavit of Lost Title will need to be submitted in addition to documents listed in this section.
How the Representative Should Sign
Acceptable signature formats include:
- [Representative’s name], Executor
- [Representative’s name], Executor of the Estate of [Deceased Owner]
- [Deceased Owner] by [Representative’s name], Executor
Surviving Owners
If there are surviving owners, they must also release the title unless the ownership was “OR.”
This process applies if the deceased person's entire estate is valued at $150,000 or less.
A successor may transfer or sell the vehicle by completing:
-
Affidavit for an Estate with Assets of $150,000 or Less (Form 827), or
-
A similar notarized statement containing all required information.
Probate is not required for this option.
Required Information in the Affidavit
The affidavit or notarized statement must include:- Total estate value is $150,000 or less, meaning:
- Vehicle assets worth no more than $100,000
- Other personal property worth no more than $50,000
- At least 30 days have passed since the owner’s death
- No probate case has been filed or granted anywhere
-
The person signing is the successor entitled to the vehicle
Additional Requirements
-
Affidavit must be notarized
-
The original affidavit must be submitted
-
The VIN must be written on the affidavit
The successor must title the vehicle in their own name first before selling or transferring it
If the Title Is Lost
A duplicate title must be obtained before the vehicle can be transferred. A form 809 Affidavit of Lost Title will need to be submitted in addition to documents listed in this section.