Chapter 8, Section G:
Deceased Owner, No Will or Unprobated Will - Transfer Without Probate


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:

  1. The vehicle or vessel has not been devised by will to anyone else;
  2. no application for petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
  3. 30 days have elapsed since the death of the deceased; and
  4. 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.
 

Requirements

  • 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 reflected
     
  • 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.