Skip to main content

Transfer on Death (TOD) for a Car: Naming a Beneficiary on Your Vehicle Title

A transfer on death (TOD) for a car, also called a beneficiary designation, lets a vehicle owner name a beneficiary right on the car title while the owner is alive. When the owner dies, the car passes to that beneficiary outside probate, on presentation of a certified death certificate. The designation is revocable during the owner’s life, a will does not override it, and the car stays subject to any lien. Only some states offer vehicle TOD. Where a state does not offer it, families use joint survivorship, a small-estate affidavit, or probate instead. This page is a plain guide for owners and families. It is not legal advice.

Setting up a TOD beneficiary is a planning step you take during life, not a form a family files after a death. If the owner has already died and there is no beneficiary on the title, skip to the table to see how the car passes in your state, then open your state vehicle page for the forms.

Find your state’s vehicle title rules

Whether your state offers vehicle TOD is national context, but the exact forms and any deadlines are local. Open your state guide to see how to name a beneficiary where it is offered, or how the car passes where it is not.

How a transfer on death works for a car

A vehicle TOD is a beneficiary named on the car title itself, sometimes shown as "TOD" followed by a name. It is the same idea as a payable-on-death bank account or a beneficiary on a life insurance policy, applied to a car. Five points define how it works:

  • Named during life: the owner adds the beneficiary to the title while alive, using the state’s form. You cannot add one after the owner has died.
  • Passes outside probate: at the owner’s death the car goes straight to the beneficiary, so it does not become part of the probate estate.
  • Claimed with a death certificate: the beneficiary presents the title and a certified death certificate to the motor vehicle agency, which issues a new title in the beneficiary’s name.
  • Revocable during life: the beneficiary has no rights while the owner lives, and the owner can change or cancel the designation at any time.
  • A will does not override it, and the car stays subject to any lien: the designation controls, and a beneficiary takes the car with any loan still attached.

The catch is that not every state offers this option. Where it exists, it is a clean way to keep a car out of probate. Where it does not, the same result comes from a different tool, covered further down.

Which states let you name a beneficiary on a car title

This section compares the 22 states Settled currently covers. It reflects those covered states, not all 50. Eight of them let an owner name a beneficiary directly on the car title. In the other 14, the option is not offered, so the car passes by joint survivorship, a small-estate affidavit, or probate. Open your state vehicle page for the exact form names and any deadlines.

States that offer vehicle TOD (8)

In all eight, the named beneficiary claims the car with a certified death certificate, outside probate.

StateHow to set it up (form or statute)
ArizonaADOT Beneficiary Designation, Form 96-0561 (A.R.S. 28-2055(B))
ArkansasTitle beneficiary designation (A.C.A. 27-14-727)
ColoradoDMV Form DR 2009, C.R.S. 42-6-110.5
MinnesotaMinn. Stat. 168A.125
NevadaDMV Form VP 239
OhioORC 2131.13
South CarolinaSCDMV Form TOD-1, S.C. Code 62-6-401
VirginiaVa. Code 46.2-633.2

States that do not offer vehicle TOD (14)

Alabama, California, Florida, Georgia, Louisiana, Michigan, Mississippi, New Mexico, New York, North Carolina, Pennsylvania, Tennessee, Texas, Wisconsin. In these states the car passes by joint survivorship, a small-estate affidavit, or probate instead; the next section explains each path.

Form and statute details for the covered states are drawn from each state’s motor vehicle agency and code. The per-state vehicle pages carry the full retitling steps, so this hub links out rather than repeating them.

If your state does not offer vehicle TOD

A state without vehicle TOD does not leave the car stranded. It just uses one of the other nonprobate tools, or probate, to move the title. Three paths cover almost every situation:

  • Joint survivorship: if two owners hold the title with right of survivorship, the survivor owns the whole car at the other owner’s death and retitles it with a death certificate.
  • Small-estate affidavit: if the estate fits under your state’s dollar limit, an heir can collect the car with a signed, notarized affidavit and skip a full court case. See the small-estate affidavit guide for how it works.
  • Probate: if none of the above fits, a court-appointed executor or administrator transfers the car as part of settling the estate.

Which one applies depends on how the car is titled and the size of the estate. The who gets the car decision guide walks through each title type, and your state vehicle page lists the specific forms and any waiting periods.

Frequently Asked Questions

Does a TOD beneficiary on a car avoid probate?
Yes. When a car title names a transfer-on-death beneficiary, the vehicle passes directly to that person at the owner’s death and does not go through probate. The beneficiary claims it by presenting the title and a certified death certificate to the state motor vehicle agency, which then issues a new title in the beneficiary’s name.
Can I add a beneficiary to my car title?
Only in a state that offers vehicle TOD. Among the states Settled covers, Arizona, Arkansas, Colorado, Minnesota, Nevada, Ohio, South Carolina, and Virginia let a living owner name a beneficiary on the title. In the other covered states the option is not offered, so the car passes by joint survivorship, a small-estate affidavit, or probate instead.
Which states allow transfer on death for vehicles?
Of the 22 states Settled currently covers, eight offer vehicle TOD: Arizona, Arkansas, Colorado, Minnesota, Nevada, Ohio, South Carolina, and Virginia. Each uses its own form or statute, listed in the comparison table on this page. This list reflects Settled’s covered states, not all 50.
Does a will override a TOD car title?
No. A transfer-on-death beneficiary named on the title controls where the car goes, and a will does not override it. If the owner wants to change who receives the car, the owner has to revoke or update the beneficiary designation during life, not through the will.
What if my state does not offer vehicle TOD?
The car still passes, just by another route. If a surviving co-owner holds the title with right of survivorship, the car goes to that co-owner. If the estate is small enough, an heir can use a small-estate affidavit. Otherwise the car moves through probate with a court-appointed executor or administrator. Your state vehicle page lists the exact forms.
Is a vehicle TOD revocable while the owner is alive?
Yes. A vehicle beneficiary designation is revocable during the owner’s lifetime. The beneficiary has no interest and no say while the owner lives, and the owner can change or cancel the designation at any time. It takes effect only at death.
What happens to a car loan or lien with a TOD title?
The car remains subject to any lien. A transfer-on-death designation moves ownership, not debt, so a beneficiary who takes a car with an outstanding loan takes it with the lien attached. The lender still has to be satisfied before the title is free and clear.
How does the beneficiary claim the car after death?
The beneficiary brings the title and a certified death certificate to the state motor vehicle agency, completes its title application, and pays the title fee. The agency issues a new title in the beneficiary’s name. Some states set a window to act, so check your state page and do not sit on it.

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 your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.