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.

Requirements

  • 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