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Checklist: transferring a car title after the owner dies

To transfer a car title after the owner dies, first check how the title is written. A transfer-on-death (TOD) beneficiary or surviving co-owner can often retitle the car directly. Otherwise a surviving spouse or heir may qualify for the state's affidavit route, and if not, the executor transfers the car through probate.

Not a government website. Not legal advice.

For a spouse, child, heir or executor dealing with a car owned by someone who died.

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In short

  • Don't sign the deceased owner's name on the title or any form.
  • Find the original title and order certified copies of the death certificate.
  • Check the routes in order: A, TOD beneficiary or co-owner; B, surviving spouse; C, small-estate affidavit; D, probate.
  • Each state publishes its own forms. Find yours in the state list below.
  • If the estate is in probate or the family disagrees, talk to the probate court or a lawyer before signing.

What should I do first when a car owner dies?

Whatever route applies, a family member handling a deceased owner's car should take these steps first:

  • Keep the car, keys and any spare keys somewhere safe. Don't sign the owner's name on anything.
  • Find the original title. If it's lost, see how to replace a lost title for your state.
  • Order certified copies of the death certificate. The title office usually needs one.
  • Check for a car loan or lien. The lien stays on the title until the lender releases it, so call the lender.
  • Call the insurer about coverage before anyone drives the car.
  • Write down exactly how the owners' names appear on the title: joined by "and" or "or", or followed by "TOD" or "beneficiary".

Which route applies to me?

Check the 4 title transfer routes in this order. The first one that fits is usually the simplest.

A. TOD beneficiary or surviving co-owner

When it usually applies: The title names a transfer-on-death (TOD) beneficiary, or a co-owner joined by "or".

What to gather: The title, the death certificate, your photo identification (ID), the state title application, and a lien release if there was a loan.

B. Surviving spouse

When it usually applies: Your state has a form for a spouse, such as Wisconsin form MV2300 or Missouri Form 2305. See those state guides for who qualifies.

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What to gather: The title, the death certificate, your ID, the state spouse form and a lien release.

C. Small-estate or heir affidavit

When it usually applies: No probate is opened and the estate fits the state's small-estate rules. See your state guide.

What to gather: The title, the death certificate, the state affidavit (often notarized), your ID and a lien release.

D. Probate (executor or administrator)

When it usually applies: Probate is open, or none of the routes above applies.

What to gather: The title, the death certificate, letters testamentary or letters of administration from the court, the executor's ID, the state title application and a lien release.

What documents do I usually need?

Across the state routes on Car Title Steps, these documents come up most often:

  • The original title, or a replacement.
  • Proof of death, usually a certified death certificate.
  • Court papers, such as letters testamentary or letters of administration (route D).
  • An affidavit, such as a small-estate or heirship affidavit (route C).
  • The state's title application and your photo ID.
  • A lien release, if the car had a loan.

Your state may ask for more or fewer documents. Check your state guide.

What happens at the title office?

At the title office, the person with authority submits the state application and pays the state fee:

  • The state title application (your state guide links the form).
  • The documents for your route, from the list above.
  • The title fee. Fees vary by state and some states waive it for a spouse. See car title fees by state.
  • An odometer disclosure, if your state requires one for the vehicle.

Can I sell the car before the title is transferred?

Selling a deceased owner's car is sometimes possible before retitling it. Some states let a TOD beneficiary or heir sign the title straight over to a buyer. In every case, the seller must first have authority (as beneficiary, heir or executor) and should give the buyer a bill of sale. Your state guide says whether retitling comes first.

Where are my state's forms?

Car Title Steps has a deceased owner guide for 38 states. Each guide lists the routes and forms the state publishes, with the official source and the date it was checked.

No guide for your state yet? Use your state hub to reach the official title agency.

Common questions

Do I need probate to transfer a car title after the owner dies?

Probate is not always needed to transfer a car title after a death. Many states let a named transfer-on-death beneficiary, a surviving co-owner, a surviving spouse or the heirs of a small estate retitle the car without a probate order. If none of those routes applies, the executor usually transfers the car through probate.

Who can sign the car title after the owner dies?

The person who signs the car title after a death depends on the route. A transfer-on-death beneficiary or surviving co-owner signs for themselves. A surviving spouse or heir signs under the state's spouse or affidavit form. An executor or administrator signs once the probate court has issued letters. Never sign the deceased owner's name.

What if the car title is lost too?

A lost car title usually has to be replaced before the car can be transferred after a death. In most states the person with authority, such as the beneficiary, heir or executor, applies for the duplicate title with proof of death and their authority. Our lost-title guide lists each state's form.

Sources for this page

Not legal advice. Not a government website. Car Title Steps explains public state procedures. For a dispute, an open probate case or a large estate, talk to the probate court or a lawyer. Last updated .