Transfer a Car Title After Death in Ohio (Surviving Spouse Form BMV 3773)

Figures verified November 12, 2026 against Ohio BMV: Transferring a title after death · Update log

Short answer

In Ohio a surviving spouse can take the dead spouse's cars, worth up to $65,000 in total, by signing the Surviving Spouse Affidavit (BMV 3773) before a notary and bringing it to a county Clerk of Courts title office with the title, a certified death certificate and form BMV 3774. Those cars don't go through the estate. A beneficiary named with BMV 3811, a survivor on a survivorship title or the executor uses a different route.

Ohio car title rules at a glance

Form	Form BMV 3773, Surviving Spouse Affidavit
Who signs	The surviving spouse, on a BMV 3773 for each car.
Notarized?	Yes. The BMV 3773 is sworn before a notary.
Waiting period	None set.
Value limit	$65,000 for all the cars the spouse takes together (ORC 2106.18). Cars passing by survivorship, a beneficiary designation or a specific gift in the will can't be taken this way.
Death certificate	A certified copy.
Where to file	A county Clerk of Courts title office. The BMV doesn't issue titles.

Which route fits you

Start at the top: the first route that matches the title and the estate is the one the county Clerk of Courts title office expects. Each needs different paperwork.

1. The owner named a beneficiary (BMV 3811)

A sole owner can name a transfer on death beneficiary with the Affidavit to Designate a Beneficiary (BMV 3811), signed and notarized. The title then shows the designation, and the beneficiary takes the car.

The beneficiary brings the original title, a certified copy of the death certificate, form BMV 3774 and their ID to a Clerk of Courts title office.
Pay the title fee.

2. The title shows joint ownership with right of survivorship

The survivor applies for a new title, which is issued in their name, "acquired by right of survivorship". Without survivorship, the dead owner's share needs the executor or administrator's signature.

Bring the original title, a certified copy of the death certificate and your ID to a Clerk of Courts title office.
Pay the title fee.

3. Surviving spouse: BMV 3773

When a married Ohio resident dies, the surviving spouse can take one or more of their cars, worth up to $65,000 in total, plus one boat and one outboard motor. Those cars are not estate assets and don't go on the probate inventory.

Fill in a BMV 3773 for each car: the VIN, make, model, year, title number and approximate value.
Sign it before a notary.
Bring it with the original title, a certified copy of the death certificate, form BMV 3774 and your ID to a Clerk of Courts title office.
Any loan stays on the car.

4. Through the estate

Cars the spouse doesn't take, with no beneficiary or survivorship on the title, go through the estate. The executor or administrator appointed by the probate court signs the title.

The executor or administrator signs the title over to the heir or buyer.
The new owner applies for the title at a Clerk of Courts title office.

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

Optional: get help filing

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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 Clerk of Courts title office

For the BMV 3773 route, take all of this in one go. Print this page to use it as a checklist.

The original Ohio title
A certified copy of the death certificate
Form BMV 3773, notarized, for each car the spouse takes
Form BMV 3774, Application for Certificate of Title to a Motor Vehicle
A driver license or state ID
The title fee ($18, or $23 in some counties)

Fees

Certificate of title (ORC 4505.09, from January 1, 2026)	$18, or $23 in counties that adopted the higher fee
Late fee, if the title isn't applied for within 30 days of the assignment or delivery	$5

Common problems

The $65,000 limit is for all the cars together, not for each car.
Cars that pass by survivorship, a BMV 3811 beneficiary or a specific gift in the will can't be taken on the BMV 3773.
Cars the spouse takes on the BMV 3773 are not part of the estate (ORC 2106.18).
Ohio titles come from the county Clerk of Courts title office, not the BMV.

The rest of the estate

The BMV 3773 moves the car only. Bank accounts and other property need their own route. Ohio's small estate shortcut is a short court procedure for estates up to $35,000 (wait: none set; apply to the probate court): see the Ohio small estate affidavit. Larger estates go through probate, and the executor gets letters of authority.

Ohio also allows a transfer on death deed for a house, which works like a beneficiary on a car title.

Ohio has no estate or inheritance tax, so inheriting the car costs no state death tax. See Ohio 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.

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Form 1041, line by line
Both returns worked

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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) · Michigan (TR-40) · New York (MV-349.1) · Wisconsin (MV2300) · Oregon (735-516) · Colorado (DR 2712) · Florida (HSMV 82040) · Arkansas (Form 10-306)

Or see the overview for every state.

Frequently asked questions

How many cars can a surviving spouse transfer in Ohio?

There is no fixed number, as long as the cars together are worth $65,000 or less. The spouse can also take one boat and one outboard motor.

Does the BMV 3773 need a notary?

Yes. The surviving spouse signs it before a notary.

Can children use the BMV 3773?

No. It is only for a surviving spouse. Otherwise the car passes to a beneficiary named on BMV 3811, to a surviving owner on a survivorship title, or through the estate.

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

The certificate of title fee is $18, or $23 in counties that adopted the higher fee (ORC 4505.09). A $5 late fee applies when the title isn't applied for within 30 days of the assignment or delivery.

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.