Michigan Vehicle Title Transfer After Death

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan vehicle transfers after death depend on the title wording and whether the estate needs probate. Start with the title, not the will.

The Michigan Secretary of State gives different instructions for probated vehicles, nonprobated vehicles, full-rights-to-survivor titles, and multiple next-of-kin situations.

If the Vehicle Is in Probate

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, the assigned title, a death certificate copy, and Secretary of State forms.

Do not sign the title as the decedent. The person signing needs legal authority.

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 Certification from the Heir to a Vehicle forms 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.

This title wording matters. A jointly titled vehicle without the right language may need a different path.

Multiple Next of Kin

When more than one person has the same inheritance priority, the Secretary of State may require the right next-of-kin certification and signatures. Review the deceased-owner instructions before visiting a branch office.

Family agreement does not replace the required title documents.

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 the appointment if the title is missing, has a lien, lists multiple owners, or includes an out-of-state title.

Watch for Sales Tax and Registration Issues

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.

Next Steps

Read the exact title wording.
Check whether probate is open or needed.
Match the case to SOS deceased-owner instructions.
Bring proof of death and authority documents.
Keep copies with the estate file.

For other assets, read Transfer Property After Death in Michigan. For records needed at the branch, see Michigan death certificate copies for probate. If the heir path applies, compare the priority order with Michigan intestate succession.

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