Vehicle Registration and Title After a Death: How to Transfer a Car

To transfer a car after the owner dies, you usually take a certified death certificate, the title and proof of your right to the car to your state's motor vehicle agency. The proof depends on how the car was owned: a surviving co-owner, an executor with court letters, or an heir using a small estate or heirship affidavit. Each state sets its own forms and rules, so check yours before you go.

How does ownership decide the route?

Start with the title. Who is named on it, and how, tells you which path to use.

If you are not sure which applies, our guides on what probate is and small estate probate explain when a car needs a court process.

What do the rules look like in practice?

States differ, so the examples below show the pattern, not a rule for your state.

Texas. The Texas DMV says that if a spouse had a will, the vehicle becomes part of the probate process, and if there was no will, a surviving spouse can use an Affidavit of Heirship for a Motor Vehicle, Form VTR-262. The form says it can be used when no administration of the estate is needed, including where there was a will but no probate was filed (a court document is attached if a court ruled no administration is necessary). The heirs the form requires sign before a notary, and the form is filed with the title application, Form 130-U, at the county tax assessor-collector's office. If the estate was probated, the form says the executor or administrator can assign the title with a certified copy of the probate proceedings or letters, and the affidavit is not needed. Texas treats falsifying the affidavit as a third degree felony.

California. The California DMV says an heir may transfer a vehicle with the death certificate and the Affidavit for Transfer without Probate (REG 5), and that value limits apply. The state's court self-help guide says cars, boats and mobile homes do not count toward the small estate limit, which is $208,850 for deaths on or after April 1, 2025. Our small estate guide covers the other rules and the 40-day wait for the general small estate affidavit.

Florida. Under Florida Statute 319.28, when an owner dies without administration of the estate, an heir can get a title by filing an affidavit that the estate is not indebted and that the surviving spouse and any heirs have agreed on how to divide it. A surviving spouse can also assign the dead person's title directly to a buyer, with the required paperwork.

Other states have their own forms, thresholds and waiting periods. Your state motor vehicle agency's website, usually under a heading such as "deceased owner" or "inherited vehicle", is the place to confirm them.

What documents will you need?

Bring or send the following. Your state's list may differ.

• A certified death certificate. USAGov says most agencies want a certified copy, and that is the usual rule for title work. Our guide on how many copies to order helps you plan.
• The title. If there is a loan, the lienholder may hold it.
• Proof of authority. This is court letters for an executor, or a signed affidavit for an heir, or the surviving co-owner's ID and the death certificate.
• The state's title or registration application. In Texas this is Form 130-U.
• An odometer statement, if required. Federal rules require the mileage to be stated on a transfer, and the Texas affidavit has a built-in odometer section. Federal rules exempt vehicles from model year 2010 or earlier 10 years after January 1 of their model year, and model year 2011 and newer vehicles after 20 years. Some states may have their own rules.
• Your photo ID, and fees. Fees vary by state, so check the agency's fee schedule.

Never sign the dead person's name on the title. In Texas, for example, the form requires each heir to sign before a notary, and executors act with court letters. If the title is lost, ask the agency how to apply for a replacement as an heir or executor.

What if the car has a loan?

A car with a loan has a lienholder, who has a legal interest in the vehicle. The lien has to be paid off or handled with the lender before a clean title can be issued to a new owner. Ask the lender whether it holds the title.

Call the lender, give them the death certificate and ask for a payoff figure and how they want to proceed. The FTC says debts are generally paid from the estate, not by relatives, unless you co-signed or another exception applies, such as community property rules for a surviving spouse. If you want to keep the car, the lender can tell you whether you can take over the loan or must refinance. Our guide to debts when someone dies covers who is responsible.

What about insurance and driving the car?

Check insurance before anyone drives the car. Ask the insurer what coverage still applies, who is covered and what it needs from you. Do not assume the policy continues for you. Our guide on car insurance after a death lists the questions to ask. If the car will sit unused, ask the insurer about the right cover for a parked vehicle.

USAGov also lists the state motor vehicle office as one of the agencies to notify, to cancel the person's driver license or ID and transfer the vehicle title. See our guide to notifying government agencies.

What if the car was in the UK?

In England, Scotland and Wales, the Tell Us Once service can remove the person as the keeper of up to 5 vehicles and end the vehicle tax, along with cancelling their driving licence. It does not decide who owns the car next. For keeping or selling the car, follow GOV.UK and DVLA guidance. Our guide to Tell Us Once explains what it covers.

What to do next

1. Find the title and note who is named on it and whether there is a lienholder.
2. Check with the insurer before the car is driven.
3. Look up your state's "deceased owner" page to find the right form.
4. Decide whether you are keeping the car or selling it, because the paperwork differs.

This guide is general information, not legal advice. Vehicle and probate rules differ by state, so confirm details with your motor vehicle agency or a probate attorney.