Mississippi Vehicle Transfer After Death
Transfer a car title after death in Mississippi by checking how the title was held first. Mississippi does not offer a transfer-on-death (TOD) vehicle designation, so the paths are joint ownership (the OR, AND/OR, and AND rules), the Affidavit of Heirship (Form 78-014) when the will was not probated, and letters from the Chancery Court for probated estates. Titles are processed at the county Tax Collector’s office, not a DMV counter.
- Transfer fee
- Processed at the county Tax Collector; verify current charges
- Title fee
- Verify with the county Tax Collector
- Registration
- Varies by vehicle and county
- Small estate limit
- $75,000 with a 30-day wait (Miss. Code Ann. § 91-7-322)
How Was the Vehicle Titled?
The transfer process depends on ownership type. Pick your situation below.
Joint Ownership (OR): Surviving Spouse or Co-OwnerProbate may not be needed
The title lists the owners as "John OR Jane Doe" and one co-owner survives.
When a Mississippi title joins the owners with "OR," either owner may act independently, so the surviving owner holds the vehicle outright. The survivor signs the Title Application (Form 78-002) at the county Tax Collector’s office and pays the $9.00 title fee. No probate, death certificate, or court order is required.
- Title Application (Form 78-002)
- Existing vehicle title
- Surviving owner signature
Joint Ownership (AND/OR): Surviving Co-Owner With Death CertificateProbate may not be needed
The title lists the owners as "John AND/OR Jane Doe" and one co-owner survives.
When the title joins the owners with "AND/OR," the surviving owner’s signature plus the certified death certificate of the deceased owner is required. The survivor presents the death certificate and completed Form 78-002 at the county Tax Collector’s office and pays the $9.00 title fee.
- Title Application (Form 78-002)
- Existing vehicle title
- Certified death certificate of the deceased owner
Joint Ownership (AND): Probated Will RequiredProbate likely needed
The title lists the owners as "John AND Jane Doe," so both owners had to act together during life.
When the title joins the owners with "AND," the surviving owner needs their own signature plus a court-endorsed copy of the probated will. The deceased owner’s estate must be probated in Chancery Court. The survivor then presents the court-endorsed will and Form 78-002 at the county Tax Collector’s office and pays the $9.00 title fee. An attorney is recommended because a probate proceeding is required.
- Title Application (Form 78-002)
- Existing vehicle title
- Surviving owner signature
- Court-endorsed copy of the probated will (from Chancery Court)
Heirship Transfer: Affidavit of Heirship (Form 78-014)Probate may not be needed
The owner died as sole owner and the will was not probated (or there is no will); no formal administration is open.
When the will was not probated, legal heirs transfer the title with the Affidavit of Heirship for a Motor Vehicle (Form 78-014), the DOR’s designated heirship form. Submit Form 78-014 with Form 78-002, the existing title, and a certified death certificate to the county Tax Collector’s office; no court proceeding is required. This path pairs with the small-estate affidavit under Miss. Code Ann. 91-7-322: no earlier than 30 days after death, when the decedent’s personal property does not exceed $75,000 and no personal representative has been appointed or petitioned for. Executors and administrators may also use this process and must pay all applicable fees and taxes.
- Title Application (Form 78-002)
- Affidavit of Heirship for a Motor Vehicle (Form 78-014)
- Existing vehicle title
- Certified death certificate
Probate Administration: Letters Testamentary or AdministrationProbate likely needed
The estate is going through formal probate in Chancery Court and the executor or administrator is transferring the vehicle.
Open probate in the Chancery Court of the county where the decedent resided. Once appointed, the executor or administrator presents letters testamentary (with a will) or letters of administration (without a will) together with Form 78-002 at the county Tax Collector’s office and pays all fees and taxes. The title is then transferred to the estate or distributed to beneficiaries. An attorney is recommended and is required for formal probate in Chancery Court.
- Title Application (Form 78-002)
- Existing vehicle title
- Letters testamentary or letters of administration from Mississippi Chancery Court
- Certified death certificate
See the full step-by-step processThe forms, the order to do them, and what to bring
Read the Mississippi title before anyone signs
Confirm whether the title is sole or joint and which word joins the names. In Mississippi the connector controls the path: "OR" lets the survivor act alone, "AND/OR" adds a death certificate, and "AND" requires a court-endorsed copy of the probated will. A deceased owner cannot sign, so identify the correct authority path first.
Match your situation to a transfer path
A surviving "OR" co-owner signs Form 78-002 alone. An "AND/OR" survivor adds the certified death certificate. An "AND" title needs Chancery Court probate of the will. A sole-owner vehicle with no probated will uses the Affidavit of Heirship (Form 78-014); a formally probated estate uses letters testamentary or letters of administration. Mississippi has no vehicle TOD designation, so there is no beneficiary path to check.
Gather the death certificate and the right DOR forms
Every path except a plain "OR" title needs a certified death certificate. Form 78-002 (Title Application) is required for all transfers. Add Form 78-014 (Affidavit of Heirship for a Motor Vehicle) for heirship transfers, or letters from the Chancery Court for probated estates. If the original title is lost, request a replacement with Form 78-006 ($9.00) before or with the transfer.
File at the county Tax Collector’s office
Mississippi processes title applications at the county Tax Collector’s office, not a DMV counter; the Department of Revenue issues the title. The standard title fee is $9.00, and a Fast Track option ($39.00) delivers 72-hour processing. Additional ad valorem taxes and registration fees may apply at the county level, so confirm totals with your county Tax Collector.
Keep insurance and registration current
Mississippi sets no statutory deadline for transferring a deceased owner’s title, but keep the registration and insurance in force until ownership changes. Standard titles are typically issued within six weeks of a completed application; electronic titles take 3 to 4 weeks. The small-estate affidavit path cannot start earlier than 30 days after the date of death.
Good to knowShort notes that save a second trip to the title office
- Mississippi does not offer a vehicle TOD designation. Mississippi does not offer a transfer-on-death (TOD) designation for motor vehicles. The Mississippi TOD statute (Miss. Code Ann. Title 91, Chapter 27) applies to real property only. You cannot name a beneficiary on a Mississippi vehicle title, so plan around joint titling, the heirship affidavit, or probate instead.
- The word between the names on the title controls. Mississippi reads joint titles literally. "OR" means either owner acts alone and the survivor takes the vehicle with just a signature. "AND/OR" means the survivor signs and adds the death certificate. "AND" means both owners had to act together, so the survivor needs a court-endorsed copy of the probated will from Chancery Court.
- Titles are processed at the county Tax Collector, not a DMV. The Mississippi Department of Revenue issues vehicle titles, but the county Tax Collector’s office is the front-line counter that accepts Form 78-002, collects the $9.00 title fee, and processes the transfer. A Fast Track title ($39.00) is available for 72-hour processing.
- The small-estate affidavit has a 30-day wait and a $75,000 limit. Under Miss. Code Ann. 91-7-322, a successor can collect personal property (including a vehicle) without probate no earlier than 30 days after death, when the decedent’s personal property does not exceed $75,000 and no personal representative has been appointed or petitioned for. At the Tax Collector this pairs with Form 78-014 and Form 78-002. Practice may vary by county, so confirm acceptance with your county Tax Collector before relying on it.
Frequently Asked Questions
Can I transfer a car title without probate in Mississippi?
What documents do I usually need to transfer a vehicle after death in Mississippi?
What if there is a loan on the vehicle?
Do I need to keep the car insured during the transfer?
What if several heirs inherit the car together?
What if the car is titled in another state, not Mississippi?
Not Sure Whether Probate Is Required?
Use the Mississippi 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 Mississippi.
Official Mississippi Sources
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 Mississippi can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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