How to Transfer a Car Title After Someone Dies

Figures verified November 12, 2026 against California DMV: REG 5, Affidavit for Transfer Without Probate (rev. 12/2024) · Update log

Short answer

Who can transfer the car depends on how it was titled and whether the estate goes through probate. In order: a beneficiary named on the title, a surviving co-owner, the surviving spouse under a state rule, the heirs on the motor vehicle office's own affidavit, the small estate affidavit, or the executor with letters from the court.

The forms differ by state. In California, heirs use form REG 5 after 40 days, with no notary; in Texas, the heirs sign form VTR-262 before a notary, with no wait. Find your state below.

Car title forms by state

The heirs' form when no probate is opened. Open your state for the other routes, fees and the list of what to bring.

State and form	Notary, wait and where
ArkansasForm 10-306Form 10-306, Affidavit of Inheritance of a Motor Vehicle	Notary: No. Form 10-306 has no notary section: the heirs sign and date it.Wait: None on Form 10-306.An Arkansas state revenue office (Department of Finance and Administration).
CaliforniaREG 5REG 5, Affidavit for Transfer Without Probate (California Titled Vehicle or Vessel Only)	Notary: No. You sign the REG 5 under penalty of perjury.Wait: 40 days after the death.A California DMV office.
ColoradoDR 2712Form DR 2712, Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding	Notary: Yes. The DR 2712 is signed before a notary.Wait: 10 days after the death.In person at your county motor vehicle office.
FloridaHSMV 82040Form HSMV 82040, Application for Certificate of Title (Section 13: Release of Spouse or Heirs Interest)	Notary: No. HSMV 82040 Section 13 and HSMV 82152 are signed under penalty of perjury.Wait: None set.A county tax collector's office or license plate agency.
MichiganTR-40Form TR-40, Transferring vehicle ownership of a deceased family member (TR-40a, TR-40b, TR-40c)	Notary: No. The TR-40a is verified at a Secretary of State office, which examines the death certificate.Wait: None set by the TR-40.In person at a Secretary of State office, where the TR-40a is verified.
New YorkMV-349.1Form MV-349.1, Affidavit for Transfer of Motor Vehicle (and MV-349 for next of kin)	Notary: Yes. Both forms are sworn before a notary public or commissioner of deeds.Wait: None set by the DMV.A DMV office, in person or by mail. Form MV-843 is the DMV's checklist.
OhioBMV 3773Form BMV 3773, Surviving Spouse Affidavit	Notary: Yes. The BMV 3773 is sworn before a notary.Wait: None set.A county Clerk of Courts title office. The BMV doesn't issue titles.
Oregon735-516Form 735-516, Inheritance Affidavit	Notary: Yes. The notary doesn't have to be in Oregon.Wait: None set on the affidavit.Oregon DMV, with the title, the application for title and the fee.
PennsylvaniaMV-39Form MV-39, Notification of Assignment/Correction of Vehicle Title Upon Death of Owner	Notary: Yes, when heirs sign: every signature in Sections D and F of the MV-39 is notarized. Heirs who can't see the same notary each sign a separate notarized statement.Wait: None set by PennDOT.By mail to PennDOT, Bureau of Motor Vehicles, 1101 S. Front St., Harrisburg, PA 17104, or through an authorized PennDOT agent, who may charge a service fee.
TexasVTR-262Form VTR-262, Affidavit of Heirship for a Motor Vehicle	Notary: Yes. Every signature is notarized, and a power of attorney can't be used.Wait: None.In person at your county tax assessor-collector's office.
WisconsinMV2300Form MV2300, Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner, or Heir	Notary: No. You sign the MV2300 stating that the information is true.Wait: None set on the MV2300.By mail to WI Dept. of Transportation, P.O. Box 7949, Madison, WI 53707-7949. A surviving spouse or domestic partner can also go to a DMV Customer Service Center.

The six ways a car passes after death

Work down the list. The first one that fits is the one the motor vehicle office will expect.

A beneficiary is named on the title. Some states let an owner name a transfer on death (TOD) beneficiary on the title (Arkansas, California, Colorado, Ohio and Texas among the states covered here). The beneficiary brings the title and a death certificate and takes the car without probate. A will doesn't override it.
A co-owner survives. If the title shows the owners with survivorship (or, in some states, joined by "OR"), the surviving owner applies for a new title with the death certificate. Joined by "AND" without survivorship, the heirs or the executor usually have to release the dead owner's share as well.
A surviving spouse rule. Several states let the spouse take the car on a short form, often up to a dollar limit, without the other heirs or probate.
The heirs sign the state's affidavit. When no probate is opened, most motor vehicle offices have a one- or two-page heir form. Who must sign, the waiting period and the notary rule differ: see the table above.
The small estate affidavit. In many states the general small estate affidavit works for the car too, under the same dollar limit and wait.
The executor or administrator signs. Once probate is open, the person the court appointed signs the title and attaches their letters testamentary or letters of administration.

Optional: get help filing

Get a flat-fee quote for the estate's tax returns

The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.

State where the person lived

Rough value of the estate

Add details (optional, helps the CPA price it)

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Month of death

First name

Anything else?

We pass your request to an independent CPA or Enrolled Agent who prepares these returns. We may be paid a referral fee by the professional; it never changes the price you are quoted. This is not legal or tax advice.

Step by step

Find the title and read the front: who is listed, the word between the names ("AND", "OR", survivorship), any beneficiary, and any lienholder.
Get death certificates. Most routes need a copy; order several from the funeral home.
Pick the route from the list above, and check whether anyone has applied to probate the estate.
Fill in the state's form and the title application. Get signatures notarized where the state requires it.
Pay off or release any loan. A lien stays on the car; the lender's release goes in with the paperwork.
File at the motor vehicle office (in Texas, the county tax office) and pay the title fee. Insure the car in the new owner's name before you register it.

Selling the car instead of keeping it

A buyer can only get a clean title from someone with authority to sign for the dead owner. That is the TOD beneficiary, the surviving co-owner, the heirs on the state's form, or the executor. Some states let the heirs name the buyer directly; in others the heir titles the car in their own name first. If the sale money goes to the estate, it belongs in the estate bank account and on the estate's books.

Until the title is transferred

Keep the registration current. If no one will drive the car, ask the motor vehicle office about a non-use or planned non-operation filing instead of letting it lapse.
Keep it insured, and tell the insurer about the death. Ask whether the policy still covers whoever drives it.
Keep paying the car loan if you want to keep the car: the lien stays with it.
Don't hand the keys to an heir until you know who is entitled to it. If you take more than your share, the other heirs and creditors can come after you.

More states

We publish a state only after reading its motor vehicle office's own forms. For these states, the vehicle rule is part of the small estate law:

Alaska: Registered vehicles worth up to $100,000 in total are counted separately.
Hawaii: If the gross value of the person's Hawaii property, not counting vehicles, is $100,000 or less, the people entitled to it can collect it with a sworn affidavit and a death certificate.
Illinois: For deaths on or after August 15, 2025, if the person's personal estate is $150,000 or less, not counting cars registered with the Secretary of State, you can collect it with a small estate affidavit.
Indiana: A car or boat title can move by affidavit after just 5 days.
Massachusetts: If the estate is only personal property worth $25,000 or less, plus a car, a family member or other interested person can file a voluntary statement with the Probate and Family Court 30 days after the death.
Nevada: If the person's property in Nevada, not counting vehicles, is worth $25,000 or less, or $150,000 or less when the claimant is the surviving spouse, you can collect it by affidavit 40 days after the death.
New Mexico: Banks and the Motor Vehicle Division accept it.
Utah: Registered boats, cars, trailers and similar vehicles worth up to another $100,000 are counted separately.
Wyoming: The county clerk transfers vehicle titles on the same affidavit.

Anywhere else, start with your state's small estate affidavit page and ask the motor vehicle office which form it takes for a deceased owner.

Frequently asked questions

Can you transfer a car title after death without probate?

Usually, yes. A beneficiary named on the title and a surviving co-owner never need probate. Otherwise most states have a short heir form or accept the small estate affidavit when the estate is small: Form 10-306 in Arkansas, REG 5 in California, DR 2712 in Colorado, HSMV 82040 in Florida, TR-40 in Michigan, MV-349.1 in New York, BMV 3773 in Ohio, 735-516 in Oregon, MV-39 in Pennsylvania, VTR-262 in Texas and MV2300 in Wisconsin. Probate is needed when the estate is too big for those shortcuts, the heirs disagree, or a court case is already open.

Do I need a notary to transfer a dead person's car?

It depends on the state. No notary in Arkansas (Form 10-306), California (REG 5), Florida (HSMV 82040), Michigan (TR-40) and Wisconsin (MV2300). A notary is required in Colorado (DR 2712), New York (MV-349.1), Ohio (BMV 3773), Oregon (735-516), Pennsylvania (MV-39) and Texas (VTR-262).

Can you sell a deceased person's car without probate?

Yes, if someone with authority signs: the beneficiary named on the title, the surviving co-owner, or the heirs on the state's heir form. In some states, such as Texas, the heirs can name the buyer directly on the form. Without one of those, only an executor or administrator appointed by the probate court can sign the car over.

How long can you drive a deceased person's car?

Keep the registration current and the car insured while the estate is settled, and ask the insurer whether the policy covers you as a driver, since it was in the person's name. Transfer the title as soon as the route you are using allows it (in California, 40 days after the death).

Does the car count toward the small estate limit?

In most states it does. A few leave vehicles out or count them separately: Alaska, Hawaii, Illinois, Massachusetts, Nevada and Utah. Your state's small estate page says how.

Sources

This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.