Chapter 8, Section H:|
Transfer through Court Adjudication of Probate
Revised July 12, 2012
When a vehicle owner dies, with or
without a will, and the deceased's estate is challenged by an interested
party, the Probate Court where the deceased lived will transfer the
Adjudication of the Estate to District Court. The court will then issue
a Court Order indicating who will be the recipient of the vehicle(s). To
transfer the ownership of the vehicle, the Motor Vehicle Division will
ONLY accept an original or certified copy of a Court Order.
- Certificate of Title – The current
title must be surrendered. In cases where the title is lost, stolen,
etc., the recipient may obtain a duplicate title. The transaction
shall be processed as a title transfer with the duplicate title fee
being added in. Begin transaction with a vehicle inquiry and print
the vehicle record.
- Original or Certified Copy of
Court Order, which names the recipient of the vehicle AND identifies
the vehicle(s) by vehicle identification number (VIN). In cases
where the Court Order has an error or errors in the identification
of the vehicle(s), the recipient must obtain an Amended Court Order
indicating the correct vehicle information.
- Release of Lien, if the title
shows a lien holder.
- Fees – Normal registration and
title fees are applicable. If the applicant is the recipient named
in a Will, no excise tax is applicable.
- 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).
- Bill of Sale – The recipient of
the vehicle may transfer ownership to another individual. This
transaction will be processed as a “double transfer”, assessing the
title fee to the original recipient and another title fee to the new
owner. Tax and registration fees will be assessed as applicable to
the new owner only.
- NCIC check