Car Title Steps

New Mexico · Owner died

Not a government website. Not legal advice.

Transferring a car title after the owner dies in New Mexico

For a spouse, child, heir or executor dealing with a car that was owned by someone who died in New Mexico. In New Mexico, car titles go through the New Mexico Motor Vehicle Division, which most people call the DMV.

To transfer a car title after the owner dies in New Mexico without probate, a claiming successor of a small estate can file form MVD-10013, the Affidavit of Claiming Successor, once thirty days have passed. A legal heir or spouse can use form MVD-10011 instead, with the title and the death certificate.

If the estate is going through probate, or family members disagree, talk to the probate court or a lawyer before you sign anything.

Last checked against official New Mexico sources.

Which route applies when a car owner dies in New Mexico?

A claiming successor, for a small estate

If the whole estate, less liens, is worth no more than $50,000, 30 days have passed since the death, and no personal representative has been asked for or appointed, the successor files Form MVD-10013 with the title, the death certificate and an odometer statement. The successor does not need to be related.

MVD-10013 · Affidavit of Claiming Successormvd.newmexico.gov checked

A legal heir or spouse, without probate

If the car was not left to someone else by will, no personal representative is pending or appointed, and 30 days have passed, an heir or spouse uses Form MVD-10011 with the title and the death certificate. It only works where the car was last titled.

MVD-10011 · Certificate of Transfer Without Probatemvd.newmexico.gov checked

A personal representative named by a court

Bring the title, a certified copy of the court order naming you, and a bill of sale or title assignment to the new owner. No excise tax is due when a beneficiary receives the car for nothing.

mvd.newmexico.gov checked

Common questions

What is the estate limit for form MVD-10013?

$50,000,, less liens.

mvd.newmexico.gov checked

Does the successor have to be related?

No. A claiming successor does not need to be related.

mvd.newmexico.gov checked

Is excise tax due?

Not when a beneficiary receives the car for nothing.

mvd.newmexico.gov checked

Sources for this page

Related guides