How to retitle a deceased parent’s car in Michigan — FAQ-style answer
Short answer: The steps depend on how the car is titled, whether a probate estate exists, and whether Michigan’s small‑estate procedures apply. In most cases you will (1) confirm ownership and any co‑owner or beneficiary designations, (2) obtain proof of the parent’s death, (3) either use a short‑form transfer (if allowed) or obtain letters appointing a personal representative through probate, and (4) submit the Michigan title application and required documents to the Secretary of State to have the vehicle retitled in the proper person’s name.
Detailed answer — step by step (Michigan)
This section walks a non‑lawyer through the practical steps to retitle a vehicle owned by a deceased parent under Michigan procedures and common practice. This is a general guide only and not legal advice.
1. Confirm how the vehicle is titled
- Find the current certificate of title (the paper title). Look at the owner line. If the title lists two or more owners with wording such as “and” (not “or”), the vehicle may be owned as tenants in common and require probate or a transfer by the estate. If the title lists a co‑owner with “or” or shows a joint owner who survives, the surviving owner can usually retitle without probate.
- Check for a beneficiary or transfer‑on‑death designation (common in some states; check the title paperwork or owner instructions). Michigan allows certain nonprobate transfers in limited circumstances — check with the Secretary of State.
2. Gather required documents
- Certified copy of the parent’s death certificate (you can get this from the funeral home or the vital records office).
- Original title (if you have it). If the title is lost, you may need to apply for a duplicate title through the Michigan Secretary of State.
- Proof of your authority to transfer or receive the vehicle: this may be one of the following, depending on circumstances: a) signed and notarized title transfer from the surviving joint owner, b) letters testamentary or letters of authority issued by the probate court naming you as personal representative or personal representative with authority to transfer assets, or c) a sworn affidavit under Michigan’s limited transfer rules if available for small personal property.
- Photo ID for the person applying at the Secretary of State.
3. Decide whether probate is required
If the vehicle was solely in your parent’s name and no joint owner or valid beneficiary exists, the estate typically must provide legal authority to transfer title. That legal authority usually comes from the probate court in the form of appointment of a personal representative (executor) and issuance of letters testamentary or letters of authority. If the estate is very small, Michigan’s small‑estate procedures may allow transfer without opening full probate.
For basic information on Michigan probate processes and forms, see the Michigan Courts probate overview: https://courts.michigan.gov/Administration/SCAO/Pages/Probate/
4. Use small‑estate or affidavit transfers if eligible
Many states, including Michigan, have streamlined procedures for transferring personal property of small estates or allowing certain transfers of personal property without full administration. The exact eligibility rules and required affidavits vary and may change; check with the probate court or Secretary of State for current options.
5. Complete the Secretary of State title transfer
When you have the necessary documentation, go to the Michigan Secretary of State or use the forms and instructions they publish. Typical requirements include:
- Completed title assignment on the back of the certificate of title (signed by the person with legal authority).
- Completed Application for Certificate of Title (title application) supplied by the Michigan Secretary of State.
- Payment of title transfer fees and any applicable use/tax (sales tax or inheritance tax rules may apply depending on the situation).
- Submission of the certified death certificate and proof of your authority (letters of appointment or properly completed affidavit).
See the Michigan Secretary of State’s guidance on transferring a title after an owner dies: https://www.michigan.gov/sos — search the site for “transfer title after death” or visit the vehicle registration and title section for current forms and checklists.
6. Handle liens, insurance, registration, and taxes
- If there is a lien listed on the title, contact the lienholder — the lien must be released or paid before or at transfer.
- Cancel or update insurance once the vehicle is retitled or when appropriate.
- Be prepared to pay use tax (sales tax) on transfers where applicable; transfers by inheritance or between certain family members may be treated differently. Confirm with the Secretary of State or a tax advisor.
7. If you plan to sell the vehicle
Make sure the title is properly transferred into the estate or into your name before selling. Selling while title remains solely in the deceased person’s name can create transfer and liability problems.
When you should talk to a probate court clerk or an attorney
- If the title situation is unclear (ambiguous joint ownership language, missing title, or a lien).
- If the estate is contested or heirs disagree about who should get the vehicle.
- If probate is needed and the probate process, assets, or taxes are complex.
Contact the local probate court clerk for procedural questions about opening a probate case and obtaining letters of authority. If the matter is contested or complicated, consider consulting a probate attorney licensed in Michigan.
Helpful links and resources (Michigan)
- Michigan Secretary of State — vehicle registration and title services: https://www.michigan.gov/sos
- Michigan Courts — probate information and forms: https://courts.michigan.gov/Administration/SCAO/Pages/Probate/
- Michigan Legislature (general resource for state statutes, including the Estates and Protected Individuals Code): https://www.legislature.mi.gov
Helpful hints
- Start by locating the paper title. Many delays evaporate once you know how the vehicle is titled.
- Obtain multiple certified copies of the death certificate at the start — many offices will request an original certified copy.
- Call your local Secretary of State branch or check the SOS website before you go — confirm current forms, fees, and whether you need an appointment.
- If the car has a lien, contact the lender early to learn their payoff and release procedure.
- Keep all estate paperwork (will, death certificate, letters of authority) organized and ready to show to the SOS or probate court.
- If you expect family conflict, consult a probate attorney before transferring or selling the vehicle.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a qualified Michigan attorney or the appropriate state agency. Laws and procedures change; always confirm current requirements with the Michigan Secretary of State and your local probate court.