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Alabama Vehicle Transfer After Death

Transfer a car title after death in Alabama by deciding one question first: has the estate been probated, or will it be? If not, the next of kin (including a surviving spouse) can retitle the vehicle with the Next of Kin Affidavit, ALDOR Form MVT 5-6, and a copy of the death certificate. If the estate is probated, the executor or administrator transfers title with letters testamentary or letters of administration. Either way, the paperwork is filed with the county license plate issuing official, ALDOR’s designated agent, and the minimum fee is $16.50 per title transaction.

Transfer fee
Verify with ALDOR and the county licensing office
Title fee
Verify the current Alabama title fee schedule before filing
Registration
Varies by vehicle and county licensing office
Small estate limit
No dollar cap: Next of Kin Affidavit MVT 5-6 path

How Was the Vehicle Titled?

The transfer process depends on ownership type. Pick your situation below.

Estate Not Probated (Next of Kin Affidavit MVT 5-6)Probate may not be needed

The estate has not been and will not be probated, and the next of kin is transferring or replacing the title

Process

Under Admin. Rule 810-5-75-.09(1), when the estate has not been and will not be probated, the next of kin may apply for a replacement title or transfer ownership by submitting a title application with the Next of Kin Affidavit (ALDOR Form MVT 5-6) and a copy of the death certificate. All heirs must sign the MVT 5-6, attesting their desire to apply for replacement title or transfer ownership. A surviving spouse uses this same next-of-kin path. The next of kin completes the title assignment as the seller on behalf of the estate, and the application is processed through the county license plate issuing official.

Documents Needed
  • Vehicle title in the decedent’s name
  • Next of Kin Affidavit (Form MVT 5-6), signed by all heirs
  • Copy of the death certificate for the person reflected as owner
  • Title application through the county license plate issuing official (designated agent)
  • $16.50 minimum fee ($15 state title fee plus $1.50 agent commission, Ala. Code section 32-8-6)
Small Estate Summary Distribution (About $47,000 or Less)Probate may not be needed

The estate’s personal property totals about $47,000 or less (adjusted annually for inflation) and an heir uses Alabama’s summary distribution procedure instead of full probate

Process

The Revised Alabama Small Estates Act (Ala. Code sections 43-2-690 through 43-2-696.02) provides a summary distribution procedure through the county Probate Court for estates whose total personal property does not exceed the small estate amount, about $47,000, adjusted annually for inflation (confirm the current figure with the probate court). File a verified petition with the county Probate Court; publication and Medicaid notice are required, and the court issues the order after a 30-day waiting period. A summary distribution order under Ala. Code section 43-2-693 qualifies as an equivalent order issued by a court of competent jurisdiction under Admin. Rule 810-5-75-.09(2), so delivering a copy of the order to the county designated agent transfers the vehicle title. Limitations: personal property only (no real property); the decedent must not be survived by a minor child who is not also a child of the surviving spouse; no personal representative appointment may be pending; funeral expenses must be paid or arranged.

Documents Needed
  • Vehicle title in the decedent’s name
  • Certified copy of the Probate Court summary distribution order (Ala. Code section 43-2-693)
  • Certified death certificate
  • Title application through the county license plate issuing official (designated agent)
  • $16.50 minimum fee ($15 state title fee plus $1.50 agent commission)
Estate Probated (Executor or Administrator With Letters)Probate likely needed

The estate has been or will be probated and a personal representative is transferring the vehicle

Process

Under Admin. Rule 810-5-75-.09(2), when the estate has been or will be probated, the executor or administrator applies for a replacement title or transfers ownership by submitting a title application with letters testamentary, letters of administration, or an equivalent order issued by a court of competent jurisdiction. The executor or administrator completes the assignment of the certificate of title as the seller on behalf of the estate, and the county license plate issuing official processes the application as ALDOR’s designated agent.

Documents Needed
  • Vehicle title in the decedent’s name
  • Letters testamentary, letters of administration, or an equivalent court order
  • Certified death certificate
  • Title application through the county license plate issuing official (designated agent)
  • $16.50 minimum fee ($15 state title fee plus $1.50 agent commission)
See the full step-by-step processThe forms, the order to do them, and what to bring

Read the Alabama title before anyone signs

Check whether the title is in the decedent’s name alone or with a co-owner, and whether a lien appears. A deceased owner cannot sign, so the person with the correct authority (next of kin or personal representative) signs the assignment as the seller on behalf of the estate.

Decide whether the estate is being probated

Alabama’s deceased-owner rule splits on one question. If the estate has not been and will not be probated, the next of kin uses the Next of Kin Affidavit (Form MVT 5-6). If the estate has been or will be probated, the executor or administrator uses letters testamentary, letters of administration, or an equivalent court order.

Check the summary distribution option (about $47,000)

If the estate’s personal property totals about $47,000 or less (the amount is adjusted annually for inflation, so confirm the current figure with the probate court), an heir can petition the county Probate Court for summary distribution under the Revised Alabama Small Estates Act. The court order issues after a 30-day waiting period and works like letters at the title office.

Gather the death certificate and the right form

The MVT 5-6 path needs a copy of the death certificate and the affidavit signed by all heirs. The probate and summary distribution paths need a certified death certificate plus the court document. If the original title is lost, apply for a replacement title first (Admin. Rule 810-5-75-.15; ALDOR also offers an online replacement application through MyDMV).

File at your county license plate issuing office

Submit the title application to the county license plate issuing official, ALDOR’s designated agent. The fee is $15 to the state plus a $1.50 agent commission, $16.50 minimum per transaction; counties may add local fees. Keep insurance and registration current until the new title issues.

Good to knowShort notes that save a second trip to the title office
  • All heirs must sign the MVT 5-6. The Next of Kin Affidavit is not a one-signature form. Every heir signs Form MVT 5-6, attesting their desire to apply for a replacement title or transfer ownership. A surviving spouse uses this same next-of-kin affidavit; there is no separate spouse-only vehicle form in Alabama.
  • Alabama does not offer a vehicle transfer-on-death designation. There is no beneficiary line on an Alabama vehicle title, so a car cannot pass automatically outside the estate the way it can in TOD states. Every Alabama transfer runs through the next-of-kin affidavit, a summary distribution order, or probate letters.
  • A summary distribution order works like letters at the title office. A Probate Court summary distribution order under Ala. Code section 43-2-693 qualifies as an equivalent order issued by a court of competent jurisdiction under Admin. Rule 810-5-75-.09(2). Deliver a copy of the order to the county designated agent and the title transfers without full probate (Ala. Code section 43-2-694).
  • One fee even when the application involves two transactions. If a single-vehicle application involves more than one transaction (for example a replacement title plus a transfer) and all required documents are presented, ALDOR charges only one fee under Ala. Code section 32-8-6(c).
  • Replace a lost title before the estate transfer. A replacement title application must be filed before the estate transfer can proceed if the original is lost (Admin. Rule 810-5-75-.15). ALDOR offers an online replacement title application through MyDMV at revenue.alabama.gov.

Frequently Asked Questions

Can I transfer a car title without probate in Alabama?
Sometimes. Whether probate is needed depends on how the vehicle was titled, whether there is a survivorship or beneficiary feature, and whether the estate qualifies for a small-estate transfer method.
What documents do I usually need to transfer a vehicle after death in Alabama?
Common documents include the original title, a certified death certificate, your ID, a title application, and in some cases letters of administration, a small-estate affidavit, or beneficiary paperwork.
What if there is a loan on the vehicle?
A lender still has rights in the vehicle. Before transfer, contact the lender to confirm payoff, refinance, or release requirements so the DMV filing is not rejected. Depending on the estate finances, the options are usually paying off the loan, refinancing it in the new owner name, or returning the vehicle.
Do I need to keep the car insured during the transfer?
Yes. Keep insurance on the vehicle throughout the transfer process. If the policy was in the deceased person name, contact the insurer to add yourself as a driver or move the policy, and do not let coverage lapse before the title and registration are updated.
What if several heirs inherit the car together?
The title agency may require signatures or authority from each person with an interest in the vehicle. Verify exactly whose signatures are required before the office visit. In practice, one heir often keeps the car and buys out the others, or the estate sells it and splits the proceeds.
What if the car is titled in another state, not Alabama?
If the person who died lived elsewhere or the vehicle is registered in another state, that state's motor vehicle agency usually handles the deceased-owner transfer first. Complete the transfer under the title state's rules, then register the vehicle in Alabama if it is staying here.

Not Sure Whether Probate Is Required?

Use the Alabama probate assessment before you submit DMV paperwork if the vehicle was solely owned or the estate looks close to a small-estate threshold.

Still weighing whether to keep or sell the car? Read what to do with the car when someone dies for the keep-or-sell decision, or see how to sell the car if you cannot find the title in Alabama.

Official Alabama Sources

How do I apply for title if the owner is deceased? (FAQ) - Alabama Department of Revenue. Official ALDOR page, accessed 2026-06-27.
Admin. Rule 810-5-75-.09 (Transfer of Title For A Vehicle From A Deceased Owner) - Alabama Administrative Code. Official administrative code, accessed 2026-06-27.
Ala. Code section 32-8-6 (Transaction Fees; Commissions; Disposition of Funds) - Code of Alabama. Official statute, accessed 2026-06-27.
Ala. Code section 43-2-692 (Petition for Summary Distribution) - Code of Alabama. Official statute, accessed 2026-06-27.
Ala. Code section 43-2-691 (Definitions; small estate amount) - Code of Alabama. Official statute, accessed 2026-06-27.
Ala. Code section 43-2-694 (Transfer of Property to Persons Entitled Thereto) - Code of Alabama. Official statute, accessed 2026-06-27.
Consumer Price Index Adjustments (small estate amount components) - Alabama State Treasurer. Official Treasurer page, accessed 2026-06-27.
Form MVT 5-6, Next of Kin Affidavit (rev. February 2020) - Alabama Department of Revenue Motor Vehicle Division. Official ALDOR form, accessed 2026-06-27.

Information current as of July 8, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alabama can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Need Help With the Full Estate?

Vehicle transfers are often just one part of settling an estate. See our related guides.