Dealing with a loved one’s possessions after their passing can be overwhelming, especially when it comes to practical matters like transferring vehicle ownership. If you’re facing this situation in Missouri, you’re not alone. This guide will walk you through the process of obtaining title to a car when the owner dies, ensuring you understand your options and responsibilities under Missouri law.
The Missouri Probate Process for a Car Title
When someone passes away in Missouri, their vehicle typically becomes part of their estate. How you proceed with the title transfer depends on several factors, including how the vehicle was titled and the overall value of the estate. Let’s explore the most common scenarios.
What Happens After an Owner Dies
Initially, the vehicle becomes part of the deceased person’s estate unless specific provisions were made beforehand. If you’re handling this situation, your first steps should include:
- Locating the current vehicle title
- Obtaining a certified copy of the death certificate
- Determining whether probate is necessary
For a comprehensive understanding of how estates are handled, you might want to review our guide on the Missouri probate process.
When Probate Is Required
Probate becomes necessary when the vehicle doesn’t have:
- A Transfer on Death (TOD) designation
- Joint ownership with rights of survivorship
- A trust listed as owner
- Other provisions allowing for direct transfer
Using Missouri’s Short-form Probate Options
If the total value of the estate is over $40,000 and it is within 1 year of death, options for expedited probate generally do not apply and the asset must be administered as part of a full probate administration.
However, if the estate is under $40,000 or if the surviving applicant fits into a few narrow categories, short-form probate may be available.
Requirements for Small Estate Affidavit
If the total estate value is under $40,000, Missouri law allows for a simplified process using a small estate affidavit. This document can significantly reduce the time and expense involved in transferring the vehicle title.
To use this option, you’ll need:
- A completed small estate affidavit form
- The original or certified copy of the death certificate
- The original vehicle title
- Proof of your right to claim the vehicle
Most (but not all) Missouri counties require you to hire a lawyer to proceed with a small estate affidavit.
Learn more about avoiding lengthy probate proceedings through our article on alternatives to probate in Missouri.
Spousal or Minor Exemptions for the Vehicle
Whenever the deceased left a surviving spouse or minor children, it is sometimes possible for that spouse or minor child to claim the car without probate using a Missouri Department of Revenue Form 2305. The rights to the vehicle are established under Missouri’s exempt property laws.
It’s important to note that this DOR form can only be used when:
- If a spouse, the spouse and decedent were married and not divorced or separated for more than one year prior to the death of the decedent;
- If no spouse, unmarried minor children may claim as well;
- There must either be no pre-nups related to the agreement or the pre-nup must not invalidate the estate rights.
If probate is necessary, the spouse or minor child may be able to file a Spousal or Minor Refusal of Letters application pursuant to RSMo. 473.090 and achieve a similar result, so long as the total value of the vehicle (and other assets) does not exceed the amount of the exempt property and spousal / minor allowance.
The amount of the exemption in probate varies by county. For example, St. Louis City usually caps these applications at $20,000 in value, while St. Louis County will typically accept them up to $22-24,000 in value.
Creditor Refusal of Letters Application
If the value of the deceased person’s estate is less than $15,000 and there is no spouse or minor child, a creditor of the decedent whose claim has not otherwise been barred (that is, it’s within 1 year of death) may file for the car.
This is most common when you have adult children who paid a funeral bill that exceeds the value of the vehicle. We have seen funeral bills exceed $15-20,000 in some cases. If a car is worth $10,000, for example, this may be a possible solution to transfer the car title quickly through probate.
It is worth noting that many counties only allow this application to be filed for a funeral bill (due to the claim priority of funeral bills). Other creditor claims may not work.
Additionally, Refusal of Letters applications are typically the only kind of probate that may be filed without a lawyer (unless filed by a corporation). Therefore, if you think this may apply to your situation, you should check out the probate court forms available online for the county where your loved one lived at the time of his or her death (or where the vehicle resides).
- St. Louis City Probate Court Forms
- St. Louis County Probate Court Forms
- St. Charles County Probate Forms
Alternatives to Probate for Car Titles
Transfer on Death (TOD) Designation
Missouri law specifically allows vehicle owners to designate a TOD beneficiary on their car title. This designation enables the automatic transfer of ownership upon death, completely bypassing probate. If the vehicle has a TOD designation, the beneficiary only needs to:
- Present a certified death certificate
- Submit the current title
- Complete the necessary transfer paperwork at the DMV
This is typically done on a Missouri Form 108 for vehicles. For boats, this is handled on a DOR form 93.
Joint Ownership with Rights of Survivorship
When a vehicle is jointly owned with rights of survivorship, the surviving owner automatically receives full ownership upon the other owner’s death. This requires minimal paperwork and avoids probate entirely.
Joint tenancy with right of survivorship is the default form of co-ownership for cars and boats. RSMo. 301.675.
Step-by-Step Guide to Car Title Transfers
If you’re the executor of the estate in a full probate case, the Small Estate affiant, or other person entitled to handle a deceased person’s affairs afte rprobate, follow these steps:
- Gather Required Documents:
- Original vehicle title
- Certified death certificate
- Letters Testamentary (if probate is required)
- Or small estate affidavit (if applicable), Determination of Heirship order, or Refusal of Letters order (as applicable)
- Visit the Missouri Department of Revenue:
- Submit all required documentation
- Pay applicable fees
- Complete necessary forms
- Obtain New Title:
- Review all information for accuracy
- Keep copies of all submitted documents
Frequently Asked Questions
What happens if the car isn’t included in probate?
If a vehicle isn’t properly addressed during probate (or through one of the other available options), it can create significant complications for future title transfers.
For example, in general, absent a TOD, joint ownership, or probate, it would not be possible to legally register the vehicle, sell the vehicle, or even dispose of the vehicle at a junkyard (because they typically want to see a title signed over to them).
Consulting with an estate planning attorney before death and a probate attorney after someone’s death early in the process can help avoid issues.
How long does the transfer process take?
The timeline varies depending on your situation. TOD transfers can be completed in a matter of days, while probate transfers might take several months (or longer). For more information about timelines, see our article on probate duration in Missouri.
Do I need a lawyer for this process?
Lawyers are not required to enforce a transfer-on-death.
Lawyers are always legally required to administer a full probate estate and are generally required in Determination of Heirship (> $40k in assets, > 1 year since death) cases and in Small Estate cases (<$40k, any time).
More rural counties in Missouri will often allow Small Estate applications without a lawyer, but this is not allowed in places like St. Louis City and St. Louis County.
Additionally, lawyers are also typically not required for Spousal, Minor, or Creditor’s refusal letter applications (unless filed by a corporation).
Conclusion
Transferring a car title after the owner’s death in Missouri doesn’t have to be complicated. Whether through TOD designation, small estate affidavit, creditor refusal applications, or formal probate, understanding your options helps ensure a smooth transfer process. If you need assistance navigating these procedures, consider consulting with a probate attorney who can guide you through the specific requirements of your situation.
