Transferring a Motor Vehicle After Owner’s Death (Part 2)

In my blog post last week I began to answer a very common question, “How do I transfer title to a motor vehicle of a deceased owner?”  If the vehicle is part of the probate estate, then either Letters Testamentary (if there is a will) or Letters of Administration (when there isn’t a will) are necessary before an appointed representative can transfer title.

There are, however, ways to dispose of a vehicle without the need to file anything with the Surrogate or probate court.  In order for this scenario to be possible, the title owner must set things up a certain way while still alive.

Title to a motor vehicle may be held as co-owners by spouses or domestic partners.    In that case, when one owner dies the surviving owner must complete an affidavit which can be found on the NJ motor vehicle website and bring it to DMV with the title and certified copy of the death certificate to have new title issued in the sole surviving owner’s name.

Alternatively, title can be designated as payable on death to a named beneficiary but, again, this must be established while the owner is alive.  A transfer on death form that can be found on the state motor vehicle website must be completed, designating the beneficiary who is to receive ownership.  This person only becomes the owner after death and does not have a right to the vehicle while the current owner is alive.  After death the beneficiary must take the title, a death certificate and the completed form to a motor vehicle office to have title reissued in their name.

In either of these two cases, no paperwork from the Surrogate or the Probate Court is necessary.