When the owner of a vehicle passes away, the title to that vehicle will need to be transferred. How to go about transferring title depends on several factors, including whether probate is open or needs to be opened, whether the vehicle was left to someone in a will, and whether the vehicle was owned by more than one person.

Vehicles Part of Non-Probate Estates

If the estate doesn’t require probate, whoever is administering the estate can fill out an Affidavit for Collection of Personal Property (JDF 999) or a DMV Small Estate Affidavit (Form DR 2712) and take it to the DMV along with the title and a copy of the death certificate to transfer title to the new owner. See our article, Probate: The Basics, for more information about determining whether opening probate is required.

Vehicles Part of Probate Estates

If the estate will require probate and the vehicle was not placed in a trust, the process is a bit more complicated. If the vehicle is included in a will, the personal representative can wait until the close of probate to transfer title to the named beneficiary. If the vehicle hasn’t been designated to someone in a will, the personal representative will need to comply with the terms of the will or with the rules of intestate succession. This may mean selling the vehicle and keeping the proceeds safe in an estate bank account until the time comes to distribute the estate. This may also mean allowing an heir to keep the vehicle outright, depending on the heirs involved, the terms of a will, and the overall financial circumstances of the estate. It can be tricky for personal representatives to decide what to do, so seeking legal assistance is highly suggested.

With probate estates, in order to transfer title of a decedent’s vehicle, the DMV will typically require (1) the original title, (2) a copy of the death certificate, and (3) certain court documents, including the Letters Testamentary or Letters of Administration. However, it is best to contact the local DMV ahead of time to confirm what documentation is required to complete the title transfer as requirements can vary from DMV to DMV.

Vehicles with Multiple Owners

Finally, if a vehicle is titled to more than one owner in joint tenancy, the surviving owner will own the vehicle by operation of law. “Joint tenancy” essentially means that when there are multiple owners, the last survivor of the owners gets to keep it outright, rather than it going into the estate. Thus, to transfer title when at least one owner is still living, the signatures of all living owners will be necessary.

Estate Planning Around Vehicles

Looking to simplify the estate process for your loved ones and avoid probate? Many folks don’t know that Colorado has a tool to do so for vehicles specifically. A vehicle owner can use Department of Revenue Form DR 2009 to include with their estate planning documents, which allows the owner to designate a beneficiary to take ownership of the vehicle upon their passing. Upon the owner’s death, the beneficiary can simply present this form with a death certificate and the requisite Application for Title Form 2395 to the DMV to transfer title to themselves. It is important to note that this form will trump anything stated in the owner’s Will, so if an owner wants to make any changes, they should ensure all of their estate planning documents are kept up to date and in line with their wishes. The owner can revoke the form by destroying it, selling the vehicle, or filling out a new form. Every situation is different, and this form may not be the best option for every person and estate, so speaking to an experienced estate planning attorney is recommended if there are any questions as to its use.

Knowing what to do with a deceased loved one’s property can be confusing and difficult to navigate. If you’re in need of assistance with transferring titles, the Colorado probate process in general, or estate planning options, please reach out to Gant Law and we’ll be happy to schedule a consultation for you.