Transfer a Car Title After Death in Michigan (Form TR-40)

Figures verified November 12, 2026 against Michigan Secretary of State: TR-40, Transferring vehicle ownership of a deceased family member (01/2026) · Update log

Short answer

If the estate is not being probated and won't be, the surviving spouse (or, with no spouse, the closest next of kin) fills in Form TR-40a and takes it to a Secretary of State office with the title and the death certificate, where the form is verified. No notary is needed. The total value of the person's vehicles must be within the limit in MCL 257.236, and the title fee is $15.

Michigan car title rules at a glance

Form	Form TR-40, Transferring vehicle ownership of a deceased family member (TR-40a, TR-40b, TR-40c)
Who signs	The surviving spouse, or with no spouse, the closest next of kin. If several heirs qualify, each one taking the car files a TR-40a and each one giving it up signs a TR-40b.
Notarized?	No. The TR-40a is verified at a Secretary of State office, which examines the death certificate.
Waiting period	None set by the TR-40.
Value limit	The total value of all the person's vehicles: $100,000 for 2024 and 2025, adjusted for inflation each year from 2026 (MCL 257.236). Ask the Secretary of State office for this year's figure.
Death certificate	Required. The office records its details on the TR-40a.
Where to file	In person at a Secretary of State office, where the TR-40a is verified.

Which route fits you

Start at the top: the first route that matches the title and the estate is the one the Michigan Secretary of State expects. Each needs different paperwork.

1. The title says "Full Rights to Survivor"

If the title is in two names with "Full Rights to Survivor", the car belongs to the surviving owner.

The survivor brings the title and a copy of the death certificate to a Secretary of State office, or signs the title over to a buyer with a copy of the death certificate.
Without that wording, two names on the title are not enough: the dead owner's share needs a TR-40 or the personal representative's Letters of Authority.

2. No probate: the TR-40

Use it when the estate is not being probated and won't be, no other property needs letters from the court, and the total value of all the person's vehicles is within the MCL 257.236 limit. The surviving spouse claims the car; with no spouse, the closest next of kin.

Fill in the TR-40a, Certification for the Heir to a Vehicle. If more than one heir is entitled to the car, each one fills in a TR-40a.
Heirs who don't want the car each sign a TR-40b, Certification of No Interest.
Selling or giving the car to someone else? One heir fills in a TR-40c naming the new owner.
Take the TR-40 forms, the title, the death certificate, any lien termination statement and the odometer statement to a Secretary of State office, which verifies the TR-40a there.
Pay the $15 title fee.

3. The estate is probated

The probate court appoints a personal representative, who signs the car over with the court's Letters of Authority.

The personal representative signs the title over to the new owner.
Attach a copy of the Letters of Authority.
The new owner applies for the title at a Secretary of State office and pays the $15 title fee.

Michigan probate court: County probate court. The executor's papers: Letters of authority. See how executors get letters.

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.

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What to bring to the Secretary of State office

For the TR-40 route, take all of this in one go. Print this page to use it as a checklist.

The Michigan title (if it's lost, a document showing the year, make and VIN)
A TR-40a for each heir taking the car, plus any TR-40b and TR-40c
The death certificate
A signed lien termination statement, if there was a loan (the lien must be released first)
The odometer statement on the title, or form BDVR-108 if the title is lost
The $15 title fee

Fees

Title fee	$15

Common problems

Use the current TR-40 (dated 01/2026). It replaced the TR-29 Certification from the Heir to a Vehicle.
The limit counts all of the person's vehicles together, at their value on the date you apply.
The TR-40 can't be used if the estate is or will be probated. Then the personal representative signs.
Signing a TR-40b gives up your claim to the car for titling. The form warns it could affect your share of the estate, so ask a lawyer if you're unsure.
The dead owner's plate stays valid until the end of the registration year, or until the personal representative transfers the car (MCL 257.236).

The rest of the estate

The TR-40 moves the car only. Bank accounts and other property need their own route. Michigan's small estate shortcut is an affidavit for estates up to $53,000 (wait: 28 days after the death): see the Michigan small estate affidavit. Larger estates go through probate, and the executor gets letters of authority.

Michigan has no estate or inheritance tax, so inheriting the car costs no state death tax. See Michigan estate tax. Whoever settles the estate still files the person's final income tax return by April 15 of the year after the death: see final tax returns.

Do it yourself, correctly

The Executor's Final Tax Returns Kit

If you are also the executor, the federal returns come next: the final Form 1040 and, if the estate earns $600 or more, Form 1041.

An estate pays 37% on income above $16,000. Paid out to the heirs on time, the same income is taxed at their rates, often 12%. The kit shows how, and is $49.

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46-page workbook
Form 1041, line by line
Both returns worked

Which returns this estate owes, from five yes-or-no questions
The final 1040 and Form 1041 explained line by line, with one family's returns fully worked
How to split each 1099 at the date of death so the IRS match does not trigger a letter
A spreadsheet for deadlines, the Form 1041 estimate and each heir's K-1, plus five letters to copy

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Car titles after death in other states

California (REG 5) · Texas (VTR-262) · Pennsylvania (MV-39) · New York (MV-349.1) · Wisconsin (MV2300) · Oregon (735-516) · Colorado (DR 2712) · Florida (HSMV 82040) · Ohio (BMV 3773) · Arkansas (Form 10-306)

Or see the overview for every state.

Frequently asked questions

What replaced the Michigan TR-29?

The TR-40 packet, dated 01/2026. TR-40a is the heir's certification, TR-40b gives up an heir's interest, and TR-40c transfers the car to someone other than the heir.

Is there a value limit for the TR-40?

Yes. The total value of all the person's vehicles can't exceed the amount in MCL 257.236: $60,000 through 2023 and $100,000 for 2024 and 2025. From 2026 the figure is adjusted for inflation each year and published by the Michigan Department of Treasury, so ask the Secretary of State office for the current amount.

Does the TR-40 need a notary?

No. The TR-40a has no notary block. It is verified at a Secretary of State office, where staff examine the death certificate.

Who counts as the heir for the TR-40?

The surviving spouse. With no spouse, the closest next of kin in the order set by Michigan's inheritance law (MCL 700.2103): children and their descendants first, then parents, then brothers and sisters.

How much does it cost to transfer a car after death in Michigan?

The title fee is $15.

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.