How you transfer a car title after death depends on the designation the vehicle was given before the owner died and whether or not it has to go through probate.
If the decedent gave a vehicle a Transfer on Death designation before they died, ownership will immediately pass to the named beneficiary upon the decedent’s death. Vehicles under joint ownership automatically go to the living co-owner so that they don’t have to take any extra steps to transfer a car title. Otherwise, transferring a car title happens during probate, the process by which the decedent’s estate is administered.
For a free case evaluation from Flake & Flake, call our Henderson, NV estate planning and probate lawyers at (702) 829-5731.
What is the Easiest Way to Transfer Car Title After Death in Nevada?
The easiest way to transfer a car title after death is by giving a vehicle a Transfer on Death designation before your death. When you do this, ownership will immediately transfer to a designated beneficiary after your death.
How Do You Transfer the Title for a Car with a Transfer on Death Designation in Nevada?
If a vehicle is given a Transfer on Death designation, the vehicle will bypass probate entirely, and the beneficiary can transfer the title by bringing the previous owner’s death certificate and the original car title to the Nevada Department of Motor Vehicles (DMV).
Do You Have to Get a Transfer on Death Designation for Your Vehicle While You Are Alive?
A vehicle owner must submit Transfer on Death applications to the Department of Motor Vehicles while they are alive. This cannot be done after the owner’s death, as the application requires their signature.
How Do You Get a Transfer on Death Designation for Your Car in Nevada?
Our Nevada estate planning and probate lawyers can help vehicle owners complete the Transfer on Death application forms during estate planning and ensure all information about the beneficiary, the vehicle, and the current legal owner is correct so a future title transfer can happen smoothly.
What Happens to a Vehicle Owned Under Joint Ownership After Death?
When multiple people jointly own a vehicle, such as a married couple, one co-owner’s death automatically passes the vehicle to the other co-owner without going through probate.
How Do You Transfer a Title for a Vehicle Owned Under Joint Ownership?
To transfer a car title in this situation, the co-owner must submit a copy of the current vehicle title, a certified copy of the co-owner’s death certificate, the original car title, and a completed title transfer application to the Nevada DMV, where the sole surviving owner can sign the new title.
How Do You Transfer a Car Title from a Small Estate in Nevada?
If a vehicle is part of a decedent’s small estate, changing the title and ownership after the previous owner’s death may be simpler than if the estate is large and includes many assets.
Estates valued at $100,000 for surviving spouses and $25,000 for other heirs may be able to bypass probate and change property ownership with an Affidavit for Transfer of Title for Estates without Probate. Our lawyers can make sure executors understand exactly what they are agreeing to by signing this affidavit so that they don’t accidentally misrepresent the size of an estate.
What Documents Do You Need to Transfer a Car Title Through Probate in Nevada?
Often, vehicles must go through probate before beneficiaries can change the title and assume ownership of the vehicle in Nevada.
Before entering probate for an estate that includes the decedent’s car, you should gather certain documents. You will likely need a certified copy of the previous owner’s death certificate and the original certificate of title. If you don’t have the original title, a notarized copy should be fine.
How Do You File a Petition to Probate an Estate to Transfer a Car Title After Death?
To transfer property through the probate process after a decedent’s death, you must file a Petition to Probate an Estate in the county where the will was signed and lodged. You don’t have to be the estate administrator to file this petition, and any beneficiaries or interested parties may start the process, though our lawyers can also help executors initiate probate proceedings.
Who Gets the Decedent’s Vehicle After Probate in Nevada?
Then you have to wait for the probate process to proceed. Most likely, if the decedent left a will, they designated who should receive the vehicle after their death. Probate courts generally enforce wills and honor a decedent’s wishes, so if you are named as the vehicle beneficiary, you should receive it during the administration of the estate.
When Do You Sign the New Title After Transferring a Car Through Probate?
Vehicle ownership is officially transferred to a new owner once they sign the new title at the end of the probate process. It can take several months, sometimes longer, for beneficiaries to receive assets associated with their inheritance, as probate can be lengthy, especially if anyone contests certain aspects of a will.
How Do You Transfer a Car Title After Death in Nevada if There Is No Will?
If the owner of a car dies without leaving a will and does not leave a small estate, their assets must still go through the formal probate process.
Instead of following the instructions of a decedent’s will, if someone dies intestate, or without a will, their assets, including their vehicle, are distributed according to Nevada’s intestacy laws.
Can You Transfer a Car Title After Death if the Car is Not Paid Off?
Beneficiaries cannot transfer a car title after death in Nevada if the vehicle is not paid off or still has active liens in the previous owner’s name. Vehicle owners also cannot get a Transfer on Death designation for a vehicle that is not paid off.
Do You Have to Resolve All Liens?
Remaining liens on a vehicle must be resolved before a beneficiary can transfer the title. If the loan cannot be entirely paid off, the beneficiary may be able to refinance it in their name to transfer the title.
Transfer a Car Title After Death with Our Help
For a free case review from Flake & Flake, call our Nevada estate planning and probate lawyers today at (702) 829-5731.
