Michigan Vehicle Title Transfer After Death: Probate and Nonprobate Paths

Michigan vehicle title transfer after death starts with the title. A will does not automatically transfer a car, truck, trailer, or motorcycle. The right path depends on the title wording, probate status, and whether the vehicle fits a nonprobate transfer rule.

Use this article with the Michigan vehicle title transfer guide and Transfer Property After Death in Michigan.

Start With the Vehicle Title

Read the current Michigan title before choosing a form. Look for:

• The exact owner names
• Any "Full Rights to Survivor" wording
• Any lienholder
• Whether a title is missing or damaged
• Whether probate is already open

Do not sign the title as the decedent. The person signing needs legal authority or a transfer path accepted by the Michigan Secretary of State.

If Probate Is Open

When the probate court appoints a personal representative, the vehicle transfer usually uses the personal representative's authority.

The estate may need:

• Letters of authority
• Assigned title
• Death certificate copy
• Identification
• Secretary of State forms
• Lien release, if needed

The personal representative should keep the title paperwork with the estate records.

If There Is No Probate

MCL 257.236 gives a title path when the owner dies and leaves no other property that requires letters under EPIC. The surviving spouse, or an heir in the order listed by Michigan intestacy law, may apply for title with proof of death and a certification of spouse or heir status.

The statute lists a $100,000 vehicle-value cap for 2024 and 2025. For 2026 and later years, the cap adjusts each year.

The Michigan Secretary of State deceased-owner title packet identifies TR-40a and TR-40b for nonprobated vehicle situations.

Full Rights to Survivor

If the current Michigan title is in both names and says "Full Rights to Survivor," the Secretary of State says the survivor needs the title, a copy of the death certificate, and identification.

The title wording matters. A jointly titled vehicle without the survivorship wording may need a different path.

Multiple Next of Kin

If more than one person has the same inheritance priority, the Secretary of State may require the right next-of-kin certification and signatures.

Family agreement does not replace required title documents. Review the deceased-owner packet before visiting a branch office.

Documents to Gather

Gather:

• Current vehicle title
• Certified death certificate or death certificate copy required by SOS
• Letters of authority if probate is open
• TR-40a or TR-40b if using the heir certification path
• Identification
• Proof of Michigan no-fault insurance if registering the vehicle
• Lien release, if needed

Call or check the Secretary of State instructions before an appointment if the title is missing, has a lien, lists several owners, or is from another state.

Taxes, Fees, Plates, and Insurance

Some family transfers may avoid sales tax, but not every transfer does. Michigan Secretary of State guidance says a co-owner who is not an immediate family relative of the deceased or spouse of the closest next of kin may be liable for 6 percent sales tax.

Registration, plates, insurance, and title fees can depend on the final owner and whether the vehicle will be driven, sold, stored, or junked.

Related Michigan Steps

• Use Michigan death certificate copies for probate before ordering records.
• Use Michigan intestate succession if the heir order matters.
• Use the Michigan probate court forms guide if the vehicle needs court authority.

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Sources:

• Title: Titles. Publisher: Michigan Department of State, Secretary of State. Publication Date: not listed. URL: https://www.michigan.gov/sos/vehicle/titles
• Title: Transferring Vehicle Ownership of a Deceased Owner. Publisher: Michigan Department of State, Secretary of State. Publication Date: not listed. URL: https://www.michigan.gov/sos/-/media/Project/Websites/sos/Vehicle/Titles/TR-40.pdf
• Title: MCL 257.236, Procuring title to vehicle acquired by operation of law. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-257-236
• Title: MCL 700.2103, Share of heirs other than surviving spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2103

This article provides general Michigan vehicle title information. Confirm current documents, fees, tax treatment, and title instructions with the Michigan Secretary of State before transferring a vehicle.