Virginia Vehicle Transfer After Death

Virginia allows a TOD beneficiary designation on a vehicle certificate of title under Va. Code § 46.2-633.2. The beneficiary has no interest during the owner’s lifetime, and the designation is void if the vehicle carries a lien or was sold before death. After the last surviving owner dies, the beneficiary applies for a new title at a DMV Customer Service Center within 120 days of the owner’s death. No probate or court order is required.

• Certificate of title showing the TOD beneficiary designation
• Proof of the owner’s death (certified or notarized death certificate)
• Application for Certificate of Title and Registration (VSA 17A)
• Payment of applicable DMV fees

You have right of survivorship if the title lists the owners with "or" between the names, or the words "or survivor" appear after the names. The surviving co-owner can remove the deceased owner’s name using the DMV online option or in person at a DMV Customer Service Center, and receive a new title and registration in the surviving owner’s name.

• Certified or notarized death certificate
• Vehicle title (if lost or stolen, VSA 67; if damaged, VSA 67 plus surrender of the damaged title)
• Payment of applicable DMV fees

You are a co-owner without survivorship rights if "and" appears between the names, or "or survivor" does not appear. If an executor or administrator has been appointed, that person handles the transfer. If none has been appointed, the surviving co-owner submits the documents at a DMV Customer Service Center along with proof of authority: a copy of the will plus a completed VSA 24, or a completed VSA 24 alone if there is no will, or a small estate affidavit if the personal probate estate is under $75,000.

• Certified or notarized death certificate
• Vehicle title (if lost or stolen, VSA 67)
• Proof of address
• One of: copy of the will plus completed Statement of Authority to Assign Title (VSA 24); or completed VSA 24 alone (no will); or a small estate affidavit (estate under $75,000 per Va. Code § 64.2-600, as amended 2025)
• Payment of applicable DMV fees

Under Va. Code § 64.2-601, a designated successor can claim the vehicle with a small estate affidavit when the decedent’s entire personal probate estate does not exceed $75,000 (as of the date of death) and at least 60 days have elapsed since death, with no personal representative application pending or granted and any will already probated. All known successors sign the affidavit, and the designated successor presents it at a DMV Customer Service Center. Note: the Virginia DMV website still shows the older $50,000 figure; the current statutory threshold is $75,000 (2025, c. 148).

• Small estate affidavit signed by all known successors, stating the estate does not exceed $75,000, 60+ days have elapsed since death, no personal representative is pending or granted, any will has been probated, and the claiming successor is entitled to the asset
• Vehicle title (or VSA 67 if lost)
• Certified or notarized death certificate
• Payment of applicable DMV fees

Under Va. Code § 46.2-634, when the title holder has died and there has been no qualification on the estate, a legatee or distributee may transfer the title by presenting a statement to the DMV. The statement confirms that no qualification is pending or expected, that debts have been paid or that sale proceeds will be applied to debts, and includes the decedent’s name, residence at death, date of death, and the consent of all other interested persons of legal age.

• Signed statement by the legatee or distributee (no qualification pending or expected; debts paid or proceeds applied to debts; decedent’s name, residence, and date of death; names of all other interested persons)
• Written consent from all other interested persons of legal age
• Vehicle title
• Certified or notarized death certificate
• Payment of applicable DMV fees