How to transfer a car title after the owner dies

General information, not legal, tax or financial advice. Last reviewed Oct 30, 2026.

Quick answerIt depends on how the car was titled. A surviving co-owner with survivorship rights, or a transfer-on-death beneficiary where the state allows it, can usually retitle the car with a death certificate. If there’s a probate case, the executor signs the title. If not, each of our pilot states has a shortcut: New Hampshire gives a family car to the surviving spouse, California and Texas use heir affidavits, Florida uses a release from the spouse or heirs, and Ohio lets a surviving spouse transfer vehicles worth up to $65,000.

Step by step

Find the title and see how the owners are listed (one owner, “and,” “or,” “WROS,” or a TOD beneficiary).
Order a certified death certificate.
Check for a loan. A lien usually has to be paid off and released, or it carries over to the new title.
Pick the route: survivorship or TOD; executor with court letters; or your state’s no-probate form (below).
Complete the odometer disclosure if the vehicle is subject to it.
Submit to the office your state uses and pay the title fee.

Pilot statesState law

New Hampshire

Married owner, family car: when a married resident dies, a vehicle used for family purposes is treated as jointly held with survivorship and passes to the surviving spouse, unless the title says otherwise. The spouse can transfer it by signing the title, with a copy of the death record.
Joint owners: owners listed with “or” (or “and” with survivorship chosen) have survivorship. The survivor can transfer or keep registering the car without a new title.

Spouse’s automatic survivorship for a family vehicle; signature plus death record; joint owners. Source: RSA 261:17, checked Oct 30, 2026.

Not yet verified: New Hampshire’s procedure for other heirs when there’s no spouse or co-owner. Ask your town or city clerk or the NH DMV, and see New Hampshire probate.

California

If the deceased left no other property that needs probate, the heirs (or the beneficiaries named in the will for the vehicle) can transfer it whatever its value, by signing a certificate under penalty of perjury. It must state the date and place of death, that no probate is needed or pending, that they’re entitled to the vehicle, and that unsecured creditors have been paid.
DMV’s form for this is the Affidavit for Transfer without Probate (REG 5), filed with the title and the death certificate. If the title is missing, file REG 227 first.

Who may transfer without probate and what the certificate must say. Source: Cal. Vehicle Code § 5910, checked Oct 30, 2026.
Deceased owner: heir transfers with death certificate and REG 5; REG 227 for a missing title. Source: California DMV – Title transfers and changes, checked Oct 30, 2026.

Not yet verified: DMV’s page says “value limits apply” to REG 5. We couldn’t open the form today to confirm what limits it lists, so check the current REG 5.

Texas

Probate case: the executor or administrator assigns the title, attaching certified letters testamentary or of administration.
No probate needed: the heirs sign the Affidavit of Heirship for a Motor Vehicle (Form VTR-262) before a notary. A surviving spouse is the only heir who must sign, unless the deceased had children with someone else; then those children must sign too. With no spouse, all children sign. A guardian signs for minor children.
File it with Form 130-U, the title application, at your county tax assessor-collector’s office, with a lien release if there’s a lien.

When VTR-262 is used, who must sign, notarization, Form 130-U and the county tax office. Source: TxDMV – Form VTR-262, checked Oct 30, 2026.

Florida

No will: an heir can get a title without a probate court order by filing an affidavit that the estate isn’t in debt and that the spouse and heirs have agreed on how to divide it.
Will not being probated: include a sworn copy of the will and an affidavit that the estate isn’t in debt.
A surviving spouse who wants to sell can assign the deceased’s title directly to the buyer.
The spouse or heirs sign the release in Section 13 of Form HSMV 82040.

Transfer by inheritance without a probate order; affidavits; surviving spouse may assign the title. Source: Fla. Stat. § 319.28 (2025), checked Oct 30, 2026.
Section 13 release of spouse or heirs’ interest. Source: FLHSMV – Form HSMV 82040, checked Oct 30, 2026.

Ohio

Transfer on death: an Ohio owner can name a TOD beneficiary (Form BMV 3811). The beneficiary brings the title, a certified death certificate, Form BMV 3774 and ID.
Joint with survivorship (WROS): the survivor applies and gets a title “acquired by right of survivorship.” Without survivorship, an executor or administrator must sign.
Surviving spouse: can transfer vehicles worth up to $65,000 in total, plus one boat and one outboard motor, using the Surviving Spouse Affidavit (BMV 3773), if they weren’t left by will or passed by survivorship or TOD. Liens carry over.
Ohio titles are issued by the county Clerk of Courts title offices, not the BMV.

TOD, WROS and surviving-spouse transfers, documents, $65,000 limit, liens carry forward, clerk of courts title offices. Source: Ohio BMV – Title transfer after death, checked Oct 30, 2026.

If the car must go through probate, see when you need probate and the small-estate options: NH · CA · TX · FL · OH.

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