When a title is lost and the owner is deceased, you may be required to handle the paperwork to transfer ownership of the vehicle to another person. The process can be confusing and overwhelming on top of the emotions of your loss, but it is important to know that you are not alone in this situation. Each state has its own laws regarding lost titles, which can help you understand how to correctly make the transfer. While all state regulations and timelines differ slightly, the basic process to transfer a lost title from a deceased owner remains the same.
If the deceased person left a will, the estate will be probated. This means that the deceased owner left a will stating that a particular person is to receive the vehicle upon their death. If there is no will, it is called intestate succession and the vehicle may be distributed as dictated by state law. In many cases, this means that the surviving spouse will receive the car.
If there are no heirs or if there are but they cannot be located, then it is possible that you may have to go through an heir search in order to find who has a claim to the vehicle.
When survivorship is listed on the vehicle title, then the title will automatically be transferred into the survivor’s name. This is because there is only one person listed on the title as the owner of the vehicle. If there are two or more owners with survivorship listed on your title, all parties will need to sign to transfer ownership of the vehicle from one owner to another.
If there are no survivorship rights and no probate is needed, then you will have to seek permission from other family members before transferring ownership of the vehicle into your name.
To apply for a new title from a deceased owner in most states, you’ll need to provide the following items to the Department of Motor Vehicles in your state:
Many states will require you to supply the official death certificate of the prior owner or a certified copy. Not all states will have this requirement to transfer from a deceased owner, be sure to check your state’s laws before proceeding.
The inheritance affidavit is a document that must be signed when a vehicle is being transferred from a deceased owner. This document outlines the ownership of the vehicle as assigned by all of the surviving heirs of the vehicle. In order to transfer ownership, all heirs must sign this document and it must be notarized.
The bill of sale is written proof that you purchased the vehicle from the heir. Think of your bill of sale as a receipt of purchase. In many states, the bill of sale must be notarized for deceased owner title transfers. If it’s not required in your state, it may be beneficial to have the document notarized anyway to add extra legitimacy to your document.
Need to write a bill of sale? Check out our article: How Do You Write A Bill Of Sale For A Car?
Each state has a different application for title transfers. They can be found online or at your local Department of Motor Vehicles office. Before you begin, check with your state’s department to make sure you have all the right paperwork because there may be additional requirements in your state.
Upon submission of the state title application for deceased owner transfer, make sure to include the appropriate title fees designated by your state.
The odometer disclosure provides a true and accurate statement of mileage at the time of sale. Some states allow for this to be disclosed on the bill of sale or the title application, although some states have a completely separate Odometer Disclosure process.
If there is a lien on the vehicle, then the title is unable to be transferred until the lien is released from the lender. In some instances, for example, if the lien is more than 10 years old, the lender can send you a letter of non-interest in lieu of a lien release. This letter of non-interest states that the lender is no longer interested in pursuing the lien.
If you are transferring a title for a vehicle that was owned by your deceased loved one, remember to take care of yourself in addition to caring for your deceased loved one’s property. If there is an estate or survivorship, consider consulting or hiring a lawyer to assist you in this process. We always recommend getting good legal advice when transferring a title from a deceased owner, as the DMV cannot provide legal advice.
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Are you planning to export a vehicle from the United States? Whether it’s a car, truck, or motorcycle, you’ll want to make sure you have all of your required documents before making that move, or else you may be turned around at the border.
You will need your original certificate of title for your vehicle. In addition to the original certificate of title, you will also need two certified copies of the original title. If your original title document is presented to customs but cannot be found prior to export, your certified copies will serve as evidence of proper requirements.
According to the US Customs and Border Patrol, a certified copy is “a document issued by an authorized government authority that includes on it a signed statement by the authority that the copy is an authentic copy of the original.”
Once you have all of your documents complied, you must present your vehicle to US Customs and Border Patrol (CBP) at least 72 hours prior to export. All required documents must be presented at this time. Make sure to contact Customs prior to export to ensure you have all applicable documents for your state and jurisdiction.
Once at Customs, a port director will provide you with the locations to present the documents and your vehicle. Customs will then analyze your documents and compare them to your vehicle to determine their validity. If determined to be valid, Customs will return your paperwork and send you on your way. Depending on your situation, there may be additional steps involved. Be sure to contact Customs prior to your inspection to ensure you are properly alerted of all required documents and processes for your export.
The US export process seems like it is simple, but Customs does not take this process lightly. If you are planning to export a vehicle, make sure that all of your documents are certified and available for Customs. Any problems in your inspection may result in delay or denial of export.
CarTitles.com takes the hassle out of applying for a title for your vehicle. Our team of title experts can help prepare your paperwork for any title method provided.
Having trouble with exporting your vehicle from the US? Here’s why the process can be so difficult.
In most cases, it is not safe for you to buy a vehicle with only a bill of sale. This includes buying vehicles from family, friends, and strangers. The certificate of title is the official document that proves you own the car, and without it, you will have major problems. In some cases, you won’t be able to register your vehicle with the Department of Motor Vehicles (DMV).
The bill of sale and the certificate of title are two similar, but very different documents. The bill of sale is the record of the transaction of the vehicle, think of it as your receipt of the purchase. The bill of sale only proves that you purchased the vehicle from the seller. The certificate of title assigns legal ownership of the vehicle and is produced by the motor vehicle division or secretary of state.
Some vehicles are sold without a title because they are not eligible for one. If a seller is having trouble obtaining a title for the vehicle, they may choose to sell it without one to avoid the hassle. Oftentimes these vehicles are salvaged, junk, parts-only, or have a certificate of destruction. You won’t know any of this until you have the original certificate of title in your hand or get denied a title by the DMV.
If the vehicle has a salvage brand, it may be eligible to be rebuilt in some states. A salvage title brand means that it was deemed as a total loss by an insurance company. If your state allows for salvage titles to be converted into rebuilt or reconstructed titles, you may be able to use this process to get a title in your name. States that allow for the conversion of a salvage title have very specific and rigid requirements for inspection. Since the insurance company stated the vehicle is not road safe, you must provide receipts for all used parts and undergo a salvage inspection before you can obtain a title.
Alternatively, the vehicle may have a lien title that indicates the vehicle has an unsatisfied loan from a bank or lending institution. The DMV is not permitted to issue any certificate of title for a vehicle that has an outstanding loan. On the same note, if the previous owner owes back taxes on the vehicle, you could be held liable for those back taxes as the new owner or purchaser.
As stated above, if your state allows for the conversion of a salvage title to rebuilt or reconstructed title, this may be a good method to use if you’ve already purchased the vehicle and plan to fix it up. If your state does not allow for salvage titles to be converted, you will not be able to get a title for your vehicle.
If the vehicle is not a salvage, parts-only, certificate of destruction, or lien title, there are a few methods you can use to obtain a title:
A bonded title is a title brand that requires the vehicle owner to purchase a vehicle title bond to secure their claim to ownership. In the event of ownership discrepancy, the title bond keeps the DMV from being liable for the error. The bonded title brand typically will stay on a vehicle for only 3-5 years before it can be removed. A bonded title is a very popular and common method used to obtain a title when proper ownership documents are unavailable, however, not all states allow for this method.
The Vermont title loophole can be used by any US citizen in any state to title a vehicle that is 15 years old or older using only a bill of sale. Vermont is the only state to allow for this type of title method. Vermont does not issue titles for vehicles that are 15 years old or older, instead, they are issued only a registration. This registration is Vermont’s legal certificate of title for vehicles of this age and can be transferred to a vehicle title in the owner’s home state.
If you are able to contact the prior owner, try contacting them to get you a duplicate title to sign over to you. If you already had problems with your seller and the title at purchase, this recommendation may not work. Additionally, if the seller is not the prior owner, they will not be able to obtain a duplicate title. Only the last registered owner of the vehicle is able to obtain a duplicate title.
This situation is risky for both parties involved. If a title has not been issued, it means that the vehicle was either never titled or was lost at some point. It might also mean that the vehicle was not sold to the individual trying to sell it to you. In some cases, the title might be clean but the car isn’t, so be careful when dealing with private individuals who are selling a vehicle that they own personally.
Looking for support converting a salvage title in your state? Our partners at JunkTitle.com can help you through the process.
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The vehicle certificate of title is the only document that proves ownership. Many people confuse the bill of sale or the registration card as proof of ownership. Your bill of sale will show that you made the transaction, while your registration card shows that you are authorized to drive this vehicle.
Motor vehicle records are considered private information under the driver’s privacy protection act. You cannot look up the owner of a vehicle online or call up the DMV and ask. The only way to find out the owner of a vehicle is to look at the title or to submit an official DPPA request form.
The Driver’s Privacy Protection Act (DPPA) was passed in 1994 to protect the privacy of drivers from having their information disclosed by government agencies without consent. The DPPA does not apply to private entities such as insurance companies, banks or other financial institutions, credit card companies, or any individual person who wants to find out about someone else’s driving history. It also does not apply to law enforcement agencies investigating traffic accidents or criminal matters involving a motor vehicle.
A clean title means that the vehicle title does not have any liens attached to it and the owner is able to do whatever they want with the vehicle. This can include selling it, trading it in, or even donating it.
A bonded title is a type of vehicle title that is obtained by securing a surety bond. The term bonded title will stay on the title for a period of a few years, but the owner will be listed on the front. A bond is not the same as a lien.
A lien title means that the vehicle title has the owner’s name and the lienholder’s name because the loan has not been paid off in full. Once the loan is paid off in full, the owner can request a lien release from the lender.
Before you can establish that you are the legal owner of a vehicle, you must understand what qualifies as legal ownership. Generally, in order to legally own a vehicle, you will have to be listed on the title and have the right to sign off on any deals.
It can be frustrating waiting for your car title to come in the mail. However, it is something that you have to wait for. The length of time it takes to get your paperwork in the mail depends on many factors. Some of which have nothing to do with you, but others that may determine how long it takes to get your title include who you purchased the vehicle from, where you purchased the vehicle, and how you purchased the vehicle. In this article, we will discuss each of these to understand what might affect how long it will take for you to get your car title.
If you financed your vehicle through a lender and you live in a non-title-holding state, your car title was sent directly to your lienholder. In non-title-holding states, the title is sent to the lienholder, aka lender, until the loan is paid off in its entirety. In these states, the title is considered to be a lienholder title or a lien title because it will be issued in the name of the lienholder as well as your name. Once your loan is satisfied, your lienholder is supposed to stamp your title as paid and send it to you in the mail. Unfortunately, many lienholders will put this responsibility on the vehicle owner.
If your loan is paid off and you still haven’t received your title from your lienholder, check out our article How To Get A Title From A Lienholder.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin
Title-holding states will issue the vehicle title directly to the owner of the vehicle, not the lienholder. The lienholder will still be listed on the vehicle title until the loan is paid off, but the title is kept by the vehicle owner/operator. These titles, although in possession of the owner, still require a lien release to remove the lienholder from the title once the loan is satisfied.
What states are title-holding states?
Kentucky, Maryland, Michigan, Minnesota, Missouri, Montana, New York, Oklahoma, and Wyoming
Sadly, this happens to more people than you may think. Oftentimes when dealerships are experiencing financial difficulties or they are planning to go out of business, they’ll first try to sell all of the vehicles they don’t have titles for or cannot obtain a title for them. This way they avoid paying additional registration and title fees with the DMV. The dealership is hoping that this will now be the buyer’s problem.
Are you waiting on your car title because the dealership is out of business? Check out our article Getting a Title From a Closed Car Dealership.
If you know that the seller needs to obtain a duplicate title or they are in the process of obtaining a duplicate title, it may take a few weeks for the application to be complete and the new title to be issued. Once the new title is issued, the duplicate title will be issued to the seller, not you as the buyer. The seller will need to sign the new duplicate title over to you and you will need to take the signed title to the DMV to transfer the title to your name. Remember, only the registered owner in the DMV records can apply for and obtain a duplicate title. Until you give the DMV the signed prior title, your name is not in their records for that vehicle. If this situation matches your scenario, make sure to keep good contact with the seller of your vehicle during this process.
We advise against purchasing a vehicle without a title, even if the seller provides you with a seemingly reputable reason as to why they don’t have it. However, if you did purchase a vehicle without a title from a private seller and haven’t received it in the mail yet, reach out to them in all forms of contact that you have. Create a paper trail or digital trail of communication regarding the vehicle title. If the seller is unable or unwilling to send you the prior title or get you a duplicate title, you will need to seek an alternative method of title recovery.
If you have a vehicle without a title, you may be able to use a bonded title process, court-ordered title process, or the Vermont title loophole method. These are legal methods of title recovery recognized by DMVs across the country, but not all states allow for a bonded title. Before using this method, consider out-of-state bonding alternatives or other alternative title recovery methods.
There are a lot of other reasons why your car title hasn’t come in the mail yet that have nothing to do with these factors such as inclement weather impacting mail delivery or slow processing times at your local DMV. The most important thing to remember is that your vehicle title assigns legal ownership of your vehicle. If your title is missing, lost, or stolen, it’s important to address the issue immediately. Until the title is in your name, you are not the legal owner in the eyes of the law.
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