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The Vehicle Transfer After Death Hub

When a vehicle owner passes away, their car, truck, or other vehicle must be legally transferred to a new owner. The process depends on factors such as joint ownership, Transfer-on-Death (TOD) titles, probate requirements, and outstanding loans. State laws vary, and some transfers may require court approval. This guide explains the steps for transferring a vehicle after death, helping heirs and executors navigate legal, financial, and DMV requirements.

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Table of Contents

Key Things To Know

Ownership Type Matters: Jointly owned vehicles may automatically transfer, while solely owned vehicles often require probate or a court order.

  • Transfer-on-Death (TOD) Titles Simplify the Process: If the deceased designated a TOD beneficiary, probate is usually not required.
  • State Laws Vary: Some states require an estate settlement before vehicle transfers, while others allow direct transfers with minimal paperwork.
  • Loans and Liens Must Be Addressed: If the vehicle has an outstanding loan, the new owner may need to refinance or pay it off before taking ownership.
  • DMV Title Transfers Are Required: Regardless of how the vehicle is inherited, the new owner must update the title with the state DMV before legally driving the car.

Checklists, Guides, & Resources

Buried in Work offers a variety of checklists, guides, and other resources. Below are some of the most popular ones related to this information hub.

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Vehicle Information Checklist

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Vehicle Disposition After Incapacitation or Death
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Frequently Asked Questions

Transferring a vehicle after the owner's death can be a complex process, depending on factors like ownership type, state laws, and probate requirements. Whether you're an executor managing an estate, a family member inheriting a vehicle, or someone handling a Transfer-on-Death (TOD) title, understanding the rules can help avoid delays and legal complications.

Below, we’ve answered the most common questions about title transfers, DMV procedures, taxes, and financial considerations to help you navigate the process smoothly.

Ownership & Transfer Methods

If the deceased co-owned the vehicle under Joint Tenancy with Right of Survivorship, the surviving owner automatically takes full ownership. A title update at the DMV may still be required.

A Transfer-on-Death (TOD) title allows an owner to name a beneficiary who will inherit the vehicle without going through probate. After the owner's death, the beneficiary must present the death certificate and complete a DMV title transfer form to take ownership.

If the vehicle was solely owned and no TOD was in place, it may need to go through probate before it can be transferred. The executor will manage the process, ensuring all debts, including auto loans, are settled before transferring the title.

In most cases, no. The estate must settle debts and taxes before the vehicle can be sold. If the estate qualifies for small estate procedures, an expedited sale may be allowed.

If the vehicle has an outstanding loan, the lender must be notified. The loan must either be paid off or refinanced by the new owner before the title can be transferred. Some lenders allow heirs to assume the loan.

State-Specific Rules & DMV Process

No. Only about 30 states allow TOD titles. In states that do not, the vehicle must go through probate or follow state-specific DMV rules for title transfers.

In states without TOD titles, vehicle transfer typically requires:

  • Going through probate (if required)
  • Filing a DMV title transfer request
  • Submitting proof of inheritance (will, court order, or small estate affidavit)

While DMV requirements vary by state, the typical process includes:

  • Obtaining a new title in the heir’s or estate’s name
  • Paying any required transfer fees
  • Updating vehicle registration and insurance

You can also search our articles for "vehicle" and use the state filter to find detailed information on vehicle transfer processes specific to your location.

Taxes, Fees & Financial Considerations

Most states do not tax inherited vehicles, but estate taxes may apply if the deceased’s estate exceeds federal or state exemption thresholds. DMV transfer fees typically range from $20 to $200, depending on the state.

Most states waive sales tax on inherited vehicles, but taxes may apply if the vehicle is later sold.

The deceased’s auto insurance policy does not automatically transfer. The new owner must obtain a new policy before legally driving the vehicle.

Special Cases: Selling, Gifting, & Donating Vehicles

Yes. If probate is complete, the vehicle can be gifted by transferring the title. Some states require a gift affidavit to avoid sales tax.

Obtain the vehicle title and death certificate

  • Ensure probate is complete (if applicable)
  • Pay any outstanding auto loans or liens
  • Complete a title transfer and bill of sale
  • Remove the deceased’s license plates and cancel registration

Yes, but the executor or heir with title ownership must complete the donation. Some charities accept vehicles without probate under small estate exemptions.

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Disclaimer: The information provided on this website and by Buried in Work is for general informational purposes only and should not be considered legal advice. Please consult with a qualified attorney or subject matter expert for advice specific to your situation.