Who Gets the Car When Someone Dies?
Who gets the car when someone dies depends almost entirely on one thing: how the car was titled. The name or names printed on the title, plus any beneficiary listed on it, decide who inherits the car and whether the car even has to go through probate. This page is a plain decision guide for families and executors across the United States. It is not legal advice. Rules differ from state to state, so once you know your situation, confirm the exact forms with the motor vehicle agency where the car is titled.
Take a breath first. The car can sit parked while you sort this out. You do not have to answer this question today, and you should not sign the title over to anyone until you know who legally owns it.
Find your state's vehicle title transfer steps
Who inherits the car is national, but the forms and waiting periods are local. Open your state guide for the exact retitling steps once you know which row you are in.
State guides are available for supported states.
Start with the title, not the will
People reach for the will first, but the title usually answers the question faster. Pull the paper title or the registration and look at how the owner's name is written. Four common patterns each point to a different answer:
- Two names joined by "or": the survivor usually owns it now.
- Two names joined by "and" with survivorship wording: the survivor usually owns it now.
- One name, with a named transfer-on-death (TOD) beneficiary: that beneficiary can claim it.
- One name, no beneficiary: the car is part of the estate, and a will or state law decides who inherits it.
Probate is the court process for transferring a deceased person's property to the people who inherit it. Some cars pass straight to a survivor or beneficiary and never touch that process. Others have to go through it, or through a lighter shortcut your state offers. The table below maps each title type to who gets the car, whether probate is needed, and the next step.
The decision tree: who gets the car, and is probate needed?
| How the car is titled | Who gets it | Probate needed? | Next step |
|---|---|---|---|
| Joint title with right of survivorship (two names, "or", or "and" with survivorship wording) | The surviving co-owner | Usually no | Take the title and a certified death certificate to the motor vehicle agency to retitle it in your name |
| Transfer-on-death (TOD) beneficiary named on the title | The named beneficiary | No | Claim it with the title and a certified death certificate, within any deadline your state sets |
| Titled only to the person who died, with a will | The person the will leaves it to, once an executor is appointed | Often yes, unless a small-estate option fits | The executor transfers it using court letters, or an heir uses a small-estate affidavit |
| Titled only to the person who died, no will | The heirs your state's intestate law names (usually spouse and children first) | Often yes, unless a small-estate option fits | Confirm your state's heirs and its small-estate limit, then transfer |
| Estate fits your state's small-estate limit | The heir or surviving spouse named in the affidavit | No full probate | File your state's small-estate or vehicle affidavit, then retitle |
Joint title with right of survivorship
If two people are on the title and the names are joined by "or", or by "and" with survivorship wording, the surviving co-owner usually owns the whole car the moment the other owner dies. The car does not go through probate, because ownership passed by survivorship, not through the estate. To put the title in your name alone, bring the existing title and a certified copy of the death certificate to your motor vehicle agency. Most states transfer it for the standard title fee and skip sales tax when the car moves to a surviving co-owner.
One caution: a joint title that reads "and" without any survivorship language can be treated differently, and some states route it through the probate court for direction. If you are not sure how your title reads, your motor vehicle agency can tell you.
Transfer-on-death (TOD) beneficiary
Many states let a vehicle owner name a transfer-on-death beneficiary right on the title, sometimes shown as "TOD" followed by a name. While the owner is alive, the beneficiary has no claim and no say. When the owner dies, that beneficiary inherits the car directly and does not go through probate. To claim it, the beneficiary brings the title and a certified death certificate to the motor vehicle agency, pays the title fee, and the state issues a fresh title in the beneficiary's name. Some states set a window to act: Nevada processes the new title once the beneficiary files, and a few states cap how long you have, so do not sit on it.
A TOD beneficiary only helps if the owner set it up before death. You cannot add one after the fact.
Titled solely in the deceased's name, with a will
If the car was in one name only and the person left a will, the will says who gets it. The catch is that the will has to be carried out by someone with legal authority. In most states that means the probate court appoints the executor named in the will and issues "letters" that prove they can act for the estate. The executor then signs the car over to whoever the will names. For a larger estate, that car often rides along with the rest of probate. For a smaller one, many states let an heir skip the full court case and use a small-estate affidavit instead (see below).
Titled solely in the deceased's name, with no will
No will does not mean no heir. It means your state's intestate succession law decides who inherits, and those laws follow a set order. A surviving spouse and children almost always come first, in shares that vary by state. If there is no spouse or child, the car passes to more distant relatives in the order the statute lists. A court-appointed administrator (the no-will version of an executor) usually has to be named before the car can be retitled, unless the estate is small enough for an affidavit.
Because these shares differ by state, this is the point to check your state's rules rather than assume. The car is part of the estate either way, so it follows the same path as the rest of the personal property.
When the car can skip probate
Even a car titled only in the deceased's name can often skip full probate. Most states offer a small-estate affidavit: a signed, notarized form that lets an heir collect a modest estate, including a vehicle, without a court case. The estate has to fit under your state's dollar limit, the car usually has to be in the deceased's name only, and there generally cannot be an unpaid loan against it. Limits and waiting periods vary widely from state to state. A helpful quirk: some states leave a vehicle's value out of the small-estate limit or offer a vehicle-only affidavit, so a car can transfer even when the rest of the estate is bigger.
What to do next
Once you know which row you are in, the move is the same shape everywhere: gather the title and several certified death certificates, confirm who has authority to sign, and take it to the motor vehicle agency where the car is titled. The exact form names, fees, and any waiting period are set by your state. Your state's vehicle page lists them.
Sources
- Inheriting a Vehicle (South Carolina Department of Motor Vehicles)
- Transfer on Death (TOD) Beneficiary (California Department of Motor Vehicles)
- Vehicle Beneficiary Transfer on Death (Nevada Department of Motor Vehicles)
- Transfer Vehicle Ownership After a Death (Virginia Department of Motor Vehicles)
- Transferring a Car With a Small Estate Affidavit (Illinois Legal Aid Online)
- Wills, Estates, and Probate Self-Help (California Courts, Judicial Branch of California)
- What To Do When a Loved One Dies, Vehicle Title (Colorado Division of Motor Vehicles, Department of Revenue)
- Vehicle Titles, Transfer on Death (Ohio Bureau of Motor Vehicles)
Frequently Asked Questions
Who gets a car after the owner dies?
Does a car have to go through probate?
My dad died and left me his car in his will. How do I get the title?
Who inherits the car if there is no will?
Can a car be transferred without probate?
What is a transfer-on-death (TOD) car title?
How do I transfer a car title from a deceased parent?
Can siblings split a car they inherit together?
Does the surviving spouse automatically get the car?
Information current as of June 28, 2026
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.