Detailed Answer
This guide explains the typical steps someone in Montana will take to change a vehicle title after an owner dies. It walks through common scenarios, the documents you will likely need, when probate is required, and where to submit paperwork. This is an educational summary only and not legal advice. For case-specific guidance, consult an attorney or the Montana Motor Vehicle Division (MVD).
Key first steps
- Locate the vehicle title and note how ownership is shown (sole owner, joint owner, or transfer-on-death designation).
- Obtain certified copies of the death certificate from the county that issued it.
- Check for liens on the title. If there is a lien, contact the lienholder about payoff or release.
- Contact the Montana Motor Vehicle Division (MVD) or your local county treasurer’s motor vehicle office to confirm local procedures and forms: Montana DOJ — Vehicle Titles.
Common legal paths to retitle a vehicle in Montana
Which path applies depends on how the title is held and the size and type of the estate:
1) Vehicle had a surviving co-owner on the title
If the decedent and another person were listed as joint owners with right of survivorship or as co-owners, the surviving co-owner typically signs the title to complete transfer. Bring the original title, a certified death certificate, and your ID to the MVD or county office.
2) Transfer-on-death (TOD) or beneficiary designation
If the title or vehicle documentation contains a named beneficiary or transfer-on-death designation, follow the instructions on the title or the MVD’s guidance to complete transfer. A certified death certificate and the beneficiary’s ID will be required.
3) Small estate procedures or affidavit transfers (no formal probate)
When the estate qualifies for informal or small-estate transfer procedures under Montana probate law, an heir or successor may be able to use an affidavit or other statutory shortcut to transfer personal property, including vehicles, without full probate. Montana’s probate laws are in the Montana Code Annotated, Title 72. See the Montana Legislature’s code for details: Mont. Code Ann. Title 72 — Probate, Estates and Protected Persons. Always confirm the specific affidavit form and requirements with the MVD and county office.
4) Formal probate (when required)
If the estate must go through probate, the personal representative (executor or administrator) obtains letters testamentary or letters of administration from the probate court. The personal representative can use those letters to transfer the vehicle title. See Montana probate law for court procedures: Mont. Code Ann. Title 72.
Documents you will commonly need to retitle a vehicle
- Original vehicle title signed by the person(s) required (surviving co-owner, personal representative, or other authorized signer).
- Certified death certificate (original or certified copy).
- Letters testamentary or letters of administration if the estate is in probate.
- Affidavit of heirship or small estate affidavit if using a statutory affidavit procedure (confirm form with MVD).
- Signed lien release if the title listed a secured lien that has been satisfied.
- Personal identification for the person applying for the transfer (driver’s license, state ID).
- Odometer disclosure, where required (federal/state rules for certain vehicles).
- Payment for title transfer and registration fees.
Where to file and fees
File title transfer paperwork at the Montana Motor Vehicle Division or your county treasurer’s motor vehicle office. The MVD provides title application forms and fee schedules. Visit: Montana DOJ — Vehicle Titles. Expect to pay standard title and registration fees; contact your county office for exact amounts.
When probate is likely required
Probate is more likely when the decedent owned the vehicle solely and the estate contains assets that exceed the thresholds or do not qualify for affidavit transfer procedures. If the owner left a valid will, follow the probate process to appoint the personal representative. The probate code is found at: Mont. Code Ann. Title 72.
Other considerations
- If a title lists a lienholder, you must obtain a lien release before a clean title can issue.
- If multiple heirs claim the vehicle, do not transfer or sell until ownership is resolved; disputes may require court intervention.
- Montana does not impose a state inheritance tax; federal estate tax rules may apply for very large estates—consult a tax advisor if the estate is large.
Statutes and official resources
- Montana Code Annotated — Probate, Estates and Protected Persons (general probate rules): https://leg.mt.gov/bills/mca/title_72/
- Montana Code Annotated — Motor Vehicles (general title law): https://leg.mt.gov/bills/mca/title_61/
- Montana Department of Justice, Motor Vehicle Division — Vehicle Titles and Registration: https://dojmt.gov/driving/vehicle-titles/
Action checklist (step-by-step)
- Find the title and a certified death certificate.
- Call the Montana MVD or county office to confirm the correct forms and fee amounts for your situation.
- Determine whether a surviving co-owner, TOD beneficiary, affidavit transfer, or probate will control the transfer.
- If probate is needed, consult an attorney or the probate court to open the estate and obtain letters.
- Gather required documents (title, death certificate, ID, letters, lien release, affidavit if used).
- Complete the MVD title application and submit paperwork with payment at the county motor vehicle office or MVD.
- Obtain the new title and update registration and insurance as needed.
Helpful Hints
- Call first: county MVD offices can confirm exactly which forms they require for deceased-owner transfers.
- Get certified death certificates early; many agencies require certified rather than photocopies.
- Keep records: retain copies of all filings, receipts, and correspondence about liens, transfers, and probate steps.
- Check insurance: maintain or cancel vehicle insurance only after ownership is resolved to avoid gaps or liability.
- When in doubt, consult a probate attorney—especially if multiple heirs or creditors are involved.
- Use official government sites for forms and instructions: the Montana Legislature’s website and the Montana DOJ/MVD site are primary sources.
Disclaimer: This article provides general information about Montana procedures for transferring vehicle titles after an owner’s death. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed attorney or the Montana Motor Vehicle Division.