Chapter 8, Section G:|
Deceased Owner, No Will or Unprobated Will - Transfer Without
Revised July 12, 2012
If the owner of a vehicle dies and
leaves no will, or the will has not been probated, there are two ways to
accomplish a transfer of title: Claiming Successor (Section
F) and Transfer Without Probate.
Transfer Without Probate
A legal heir or spouse of the deceased
owner of a vehicle or vessel may use the Transfer Without Probate
process to receive title to the vehicle or vessel.
The following conditions must be met:
- The vehicle or vessel has not been
devised by will to anyone else;
- no application for petition for
the appointment of a personal representative is pending or has been
granted in any jurisdiction;
- 30 days have elapsed since the
death of the deceased; and
- the applicant is entitled to the
vehicle or vessel by operation of law.
Note: A “Transfer without Probate”
from out of state can not be accepted. The Transfer Without Probate
process can only be completed in the jurisdiction in which the
vehicle or vessel was previously titled.
- Certificate of Title
- Certificate of Transfer
Without Probate (MVD-10011)
- Original or Certified Copy of
Death Certificate or, for military personnel, DD Form 1300
Report of Casualty
- Release of Lien, if a lien is
- Odometer Disclosure Statement
(MVD-10187) – Must be
provided for all motor vehicles, except off-highway vehicles.
Per PQU#139 (July 12, 2012), the
personal representative may assert actual mileage (AM).
- NCIC check
If title is lost, the heir or
spouse may apply for a duplicate Title. Clerk will process
transaction as a title transfer and add in duplicate title fees.
NOTE: Field office personnel must
affirm on the retained copy of the death certificate, that they have viewed the original
or a certified copy of the Death
Certificate or DD Form 1300.