Nebraska: How to Retitle a Car After a Parent Dies

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to retitle a car after a parent dies in Nebraska — FAQ

Quick answer

If your parent owned a vehicle in their name at death, you typically retitle it by one of these routes in Nebraska: (1) transfer as surviving joint owner (if jointly titled); (2) transfer under a trust if the vehicle was held in trust; (3) use a small-estate/simplified transfer procedure when available; or (4) transfer through probate where the personal representative signs the title. You will need the original title (or get a duplicate), a certified death certificate, and the documents the DMV requires. For statutory rules on probate and estate administration, see the Nebraska Probate Code (Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For vehicle title rules and the DMV’s instructions, see the Nebraska DMV title pages: https://dmv.nebraska.gov/vehicles/titles.

Detailed answer — step-by-step

Below are the typical steps you should expect and the documents you will likely need. I use a short hypothetical to illustrate:

Hypothetical: Your parent, who lived in Nebraska, died leaving one car titled solely in their name, no liens, and no trust. You are an adult child and the estate is otherwise small.

  1. Locate the title and check ownership details.

    Find the vehicle’s title (paper title or electronic record). Look for co-owners, a transferable-on-death beneficiary (if available on the title), or any lienholder. If the car was jointly titled with right of survivorship, the surviving co-owner typically signs the title and brings a certified death certificate to the DMV to complete transfer.

  2. Obtain a certified copy of the death certificate.

    The DMV will usually require a certified copy (not a photocopy). You can order this from the county vital records office where the death occurred.

  3. Decide whether the vehicle can avoid formal probate.

    In Nebraska, smaller personal property sometimes transfers using simplified procedures rather than full probate. If the estate is small, you may use the appropriate simplified affidavit or summary procedure under the Nebraska Probate Code rather than full administration. See Nebraska Probate Code, Chapter 30 for the governing rules: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. If a trust controlled ownership, the trustee will follow the trust terms and present trust documents and a death certificate to the DMV.

  4. If probate is required: open an estate and get Letters Testamentary or Letters of Administration.

    If the vehicle cannot be transferred by a beneficiary designation, survivorship, trust statement, or small-estate procedure, the personal representative appointed by the probate court must sign the title to transfer ownership. To get that authority you must file paperwork with the county probate court and obtain Letters Testamentary (if there is a will) or Letters of Administration (if intestate).

  5. Get a duplicate title if the original is missing.

    If the title cannot be located, apply for a duplicate title through the Nebraska DMV before transfer. The DMV provides application forms and fee information here: https://dmv.nebraska.gov/vehicles/titles.

  6. Complete the title assignment and gather required forms.

    Depending on the transfer route you will need some combination of:

    • Original vehicle title with seller (decedent/personal representative) signature as required;
    • Certified death certificate;
    • Letters Testamentary or Letters of Administration from the probate court (if applicable);
    • Small-estate affidavit or other affidavit authorized by Nebraska law if using simplified transfer (check DMV/court requirements);
    • Lien-release documentation if a lien existed; and
    • Odometer disclosure if required (federal/DMV rule for vehicles under a certain age).
  7. Pay fees and taxes and submit to the DMV.

    Deliver the completed title, required affidavits or letters, the death certificate, photo ID, and payment for title and registration fees to the Nebraska DMV. Also confirm whether any motor vehicle transfer taxes or sales taxes apply; the Nebraska Department of Revenue and the DMV can explain tax obligations on transfers: https://revenue.nebraska.gov/ and https://dmv.nebraska.gov/vehicles/titles.

  8. Receive the new title in the transferee’s name and register the vehicle.

    Once the DMV accepts the paperwork and payments, it will issue a new title in the buyer’s or heir’s name and you can register the vehicle in the new owner’s name and get plates if desired.

Estimated timeline: If everything is in order (title present, no probate required), most transfers happen the same day at the DMV or within a few weeks if a duplicate title is needed. If probate is necessary, expect several weeks to months depending on the court process.

Common scenarios and what to expect

  • Vehicle jointly titled — The surviving joint owner signs and brings the title plus the death certificate to the DMV.
  • Vehicle in a revocable trust — The trustee presents the trust certificate or affidavit and the death certificate. The trustee then signs over the vehicle according to the trust terms.
  • Vehicle solely in decedent’s name, small estate — You may use summary or affidavit procedures if allowed under Nebraska law. Check Chapter 30 of the Nebraska Probate Code: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. Call the DMV first to confirm exactly which affidavit they accept.
  • Vehicle subject to a lien — Obtain a lien release from the lender before you can retitle free of liens.

Documents checklist

  • Original or duplicate vehicle title (signed appropriately).
  • Certified copy of the death certificate.
  • Letters Testamentary or Letters of Administration (if probate is used).
  • Small-estate affidavit or other court/DMV forms if using simplified transfer.
  • Odometer disclosure form (if required).
  • Lien release (if any lien existed).
  • Valid photo ID and proof of Nebraska residency for the transferee (as required by DMV).
  • Payment for title, registration, and any applicable taxes/fees.

Helpful hints

  • Call the Nebraska DMV before you visit. They can tell you exactly which forms they will accept and whether probate paperwork is required: https://dmv.nebraska.gov/.
  • Get several certified death certificates — hospitals and county vital records offices usually provide them; you will need them for banks, the DMV, and the probate court.
  • If the title lists a beneficiary or a TOD (transfer-on-death) designation, follow the title’s instructions rather than probate.
  • If you expect probate, consult the county probate court clerk to learn local filing steps and forms. General probate rules are in Chapter 30 of the Nebraska Probate Code: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.
  • Watch for taxes. Transfers can trigger taxes or registration fees. The Nebraska Department of Revenue or the DMV can clarify any tax due: https://revenue.nebraska.gov/.
  • Keep copies of everything you submit to the DMV and court. Keep a record of dates, who you spoke with, and confirmation numbers.
  • When in doubt, consider consulting a probate attorney to avoid costly mistakes in administering the estate or transferring titled property.

Where to get forms and more information

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. Laws change and every estate situation is different. For advice about your specific situation, consider contacting a licensed Nebraska attorney or the county probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.