When the owner of a vehicle dies, transferring the title is one of the first things to be done if surviving family members intend to keep, gift, or sell it.
After a house, a vehicle is often the second most valuable property an American owns at the time of death. For a family, an automobile can have both practical and sentimental value.
When your loved one—your spouse, parent, grandparent, or child—passes away with a car titled in their name, you may wonder, “How to transfer a vehicle title after death?” Transferring car ownership after death can quickly become a key issue in probate.
Unfortunately, transferring vehicles in probate can be more complicated and daunting than you’d imagine. Our Cincinnati probate lawyer at Linn Legal knows exactly what this process entails and how to do it properly to eliminate unnecessary delays and complications.
Need help with a vehicle title transfer after the death of your loved one? Contact our office to schedule a free consultation. Call 513-426-9443 or fill out this contact form.
How To Transfer A Car Title When The Owner Is Deceased
If your deceased loved one owned a vehicle, you may be trying to figure out what you need to do to transfer the car title into your name or a family member’s name. Depending on the situation, there are three methods to transfer a car title after the owner has passed away:
- Become the owner automatically through Transfer on Death (TOD) designation. If the deceased person set up a TOD designation for their automobile during their lifetime, the designated beneficiary would automatically become the new owner of the vehicle upon the original owner’s passing.
- Become the sole owner automatically through joint ownership. Often, automobiles are titled in both spouse’s names when a vehicle is acquired during the marriage. If it’s joint ownership with rights of survivorship, the surviving owner automatically becomes the sole owner upon the other owner’s death.
- Transfer vehicle title in probate. If the deceased owner had no TOD designation and the car wasn’t jointly owned, vehicle title transfer will go through court-supervised probate. We will discuss this method in more detail below.
If you aren’t sure which of these is appropriate for your specific situation, here’s what you can do. Locate the vehicle’s title and registration and review them thoroughly. This will help you understand if there is a TOD designation or if the car is owned jointly. If there isn’t, you may need to prepare for probate.
Who Is Responsible For Transferring A Car Title Of A Deceased Person?
Depending on the situation, transferring vehicle title after the owner’s death becomes the responsibility of:
- The surviving spouse;
- The beneficiary named in the deceased owner’s will;
- The trustee if the automobile is held in a trust; or
- The executor or estate administrator.
When a vehicle owner did not create a Last Will and Testament in their lifetime or didn’t specify who the car will go to after their death, transferring vehicles in probate will be the responsibility of the executor of the estate named in the will or the estate administration appointed by the probate court.
Transferring A Vehicle Title Within Probate
Probate is a legal process that oversees the distribution of the assets a deceased person owns, including their vehicles. When vehicle title transfer after death doesn’t occur automatically through a TOD designation or joint ownership, the decedent’s automobile may be subject to the probate process.
The probate court will facilitate a transfer of the car title after identifying all of the deceased person’s assets and liabilities. However, before any heir becomes the new owner, the court will have to pay any outstanding debts.
If there aren’t enough funds in the estate to settle the decedent’s debt, the court may initiate the sale of assets to pay creditors’ claims. And the deceased person’s vehicle may become one of the assets that could be sold.
Transferring vehicles in probate involves petitioning the court to open probate and then submitting the car title. This way, the court will know the car belongs to the deceased person’s estate. When the probate court permits the vehicle title transfer, it will be signed over to the new owner. Then, that new owner will visit their local Bureau of Motor Vehicles (BMV) office to transfer vehicle registration to their name.
Who Inherits the Car In Probate?
This depends on whether the deceased person left behind instructions regarding car ownership in their will or not. If they named a beneficiary in the will, that person will be able to transfer the car title into their name. If there is no will, the probate court will determine the rightful heir based on the laws of intestate succession.
What Documents Do You Need to Transfer Car Title After the Owner’s Death?
When transferring a car title after the owner’s death, you will typically need the following documents:
- The owner’s death certificate
- The original vehicle title
- Probate court documents that permit the transfer
Depending on the situation, you may be requested to bring additional documents to complete the transfer of car ownership.
What If the Vehicle Title Is Lost?
If you cannot locate the vehicle title after the owner’s death, you may wonder, “Okay, now what am I supposed to do?” The good news is that car ownership can still be transferred even when the title is lost. The surviving spouse or another beneficiary will need to go to their local BMV office to request a new title. To do so, they will need the deceased person’s death certificate and proof of their relation to that person.
How Long Does It Take to Transfer Vehicle Title?
The time it takes to transfer a car title into your own name after a loved one’s death varies depending on several factors. Is the vehicle subject to probate? If yes, then it will take longer. Probate proceedings can take anywhere from a few months to several years. If the car title is lost, it can further delay the transfer.
Need Help with Transferring Vehicle Title?
If you have recently lost someone you love, trying to make final arrangements after their passing can intensify the stress. You may be spending hours trying to find information about your next steps after the death of your loved one. And one of the things that may be on your mind is how to transfer a vehicle title after death.
At Linn Legal, we know that trying to make sense of legal matters after your loved one’s death can be difficult. We understand what transferring vehicles in probate entails and can help you navigate the paperwork and the procedures involved in the probate process.
Get in touch today to schedule a free initial consultation with our probate lawyer in Cincinnati by calling 513-426-9443 or completing our contact form.
