When the title is in the ownership of one person, and that person is deceased, a court order appointing a personal representative is required. The person appointed "personal representative" must then sign the title as seller. The court order must be presented, with the original death certificate and title, to our office to transfer the title to new ownership.
When the title is in sole ownership, and the deceased owner's estate was under $70,000, an "affidavit for collection of personal property pursuant to the small estates proceeding" is required in addition to the title and the original death certificate must be presented at that time. Photocopies may be certified in our office. The original death certificate will be returned to you. This "small estates affidavit" is available from the County Clerk's office.
To transfer a vehicle when it is titled in two names, but does not indicate "JTWROS" the following will be required:
- Certified letters testamentary or of administration, showing the same to be in full force and effect at time of transfer
- Title duly assigned by the personal representative
-OR-
- Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Affidavit must always specifically describe the vehicle) This form must be notarized.
- Title properly assigned by the affiant
- Original death certificate, which will be returned to you. Photocopies can be certified in our office.
To transfer a vehicle when it is titled in two names and "JTWROS" is on the face of the title, the following is required:
- Title duly assigned by the survivor.
- Original death certificate must be presented at that time. Photocopies may be certified in our office. The original death certificate will be returned to you.
There are several different types of documents issued by the court which are used to effect title transfers for motor vehicles in cases where a death has occurred, so please call our office at (970) 498-7878 if you have any questions.