Transfer a Car Title After Death in Pennsylvania (Form MV-39)

1. The title shows joint owners with right of survivorship, or a married couple

The car passes to the survivor automatically, whatever the will says. A title in the names of a husband and wife counts, unless a final divorce decree was entered before the death.

1. Make no entries on the back of the title: the survivor doesn't sign it over.
2. Fill in MV-39 Sections A, B, C (block 1 or 2), G and I, and Section H if the car will be registered.
3. Attach the title and an original death certificate, or have the physician or funeral director complete Section G.
4. No fee for a surviving spouse. Other joint owners pay the $72 title fee.

2. A will leaves the car to the spouse, a child or a parent, and won't be probated

PennDOT accepts an unprobated will only when it gives the car to the surviving spouse, a child or children, or a parent. If it leaves the car to anyone else, the will must be probated and the executor signs. A car left to a minor child can go this way only if a surviving spouse signs for the child.

1. The person the will names signs the title over.
2. Fill in MV-39 Sections A, B, C (block 6), G and I, and attach a copy of the will.
3. Attach the original death certificate and Form MV-4ST, filled in completely.
4. Pay the $72 title fee (none for a surviving spouse) and the $11 plate transfer fee if the plate moves.

3. No will and no executor: the heirs sign (MV-39)

Use it when there is no will and no administrator has been appointed. With a surviving spouse, the spouse and every child 18 or older sign. With no spouse and no minor heirs, all the heirs sign, in the order PennDOT lists. Minor heirs and no spouse is a different case: see the tips below.

1. The spouse and adult children, or with no spouse all the heirs, sign the title over to the new owner.
2. List every heir's name, address, relationship and age in Section D of the MV-39. Heirs who don't sign the title sign Part II of Section D.
3. Sign the self-certification in Section E. With a surviving spouse, also sign Section F, the sworn statement that all the person's debts are paid.
4. Have every signature in Sections D and F notarized.
5. Attach the original death certificate and Form MV-4ST, filled in completely.
6. Pay the $72 title fee (none if the car goes to the spouse alone) and the $11 plate transfer fee if the plate moves.

4. Family exemption or small estate petition

A spouse, or a child or parent who lived with the person, can claim the car under the family exemption (20 Pa.C.S. § 3121). Pennsylvania's small estate petition, for estates up to $50,000, also works.

1. Family exemption: the executor, administrator or the person entitled signs the title, with an affidavit of entitlement under 20 Pa.C.S. § 3121 and Form MV-4ST.
2. Small estate petition: the person the court order gives the car to signs the title, with Form MV-4ST.
3. No title fee if the car is titled to the surviving spouse alone; otherwise $72.

5. An executor or administrator has been appointed

Once the Register of Wills appoints an executor or administrator, they sign the car over and the MV-39 isn't needed, unless the car is being titled in the estate's name.

1. The executor or administrator signs the title over to the new owner.
2. Attach a Short Form Certificate from the Register of Wills, which proves the appointment.
3. Attach Form MV-4ST, filled in completely.
4. Pay the $72 title fee (none if the car goes to the surviving spouse) and the $11 plate transfer fee if the plate goes to a close relative.

Pennsylvania probate court: Register of Wills in the county (Orphans' Court for disputes). The executor's papers: Letters testamentary (with a will) or letters of administration (without one). See how executors get letters.