What steps do I need to retitle a car in my parent’s estate?
Short answer: In New Mexico you usually retitle a deceased parent’s vehicle either by using a transfer-on-death or joint-owner designation on the title (if one exists), by using a small‑estate affidavit or heirship affidavit when permitted, or by having the personal representative (executor/administrator) transfer the title during probate. Which path applies depends on how the title is held, whether a lien exists, and the value/complexity of the estate.
Not legal advice — this article explains general steps under New Mexico practice and points you to resources. Consult an attorney for decisions about your specific situation.
Detailed answer — step-by-step
1) Confirm how the vehicle is titled
Look at the current Certificate of Title. Important information includes:
- Whether the title lists a joint owner (e.g., “John Doe OR Jane Doe” or “John Doe AND Jane Doe”). A surviving joint owner typically gets the vehicle automatically.
- Whether the title shows a named beneficiary or transfer-on-death provision (some states allow this for vehicles).
- Whether there is an outstanding lien shown on the title.
2) Get certified copies of the death certificate
Order several certified copies of the parent’s death certificate from the county where the death occurred. The Motor Vehicle Division (MVD) and probate court will require certified copies for most transfers.
3) Determine whether probate is required or if a simplified transfer is available
New Mexico law provides multiple ways to transfer personal property after death. If there is a valid joint owner or an effective beneficiary designation, you may not need probate. If there is no beneficiary/joint owner, options include:
- Small‑estate procedures or affidavit: For smaller estates New Mexico permits simplified transfers of personal property without full probate when statutory requirements are met. This is commonly used to retitle vehicles when the estate meets the statutory criteria.
- Probate with letters testamentary or administration: If the estate requires formal probate, the personal representative (executor/administrator) obtains Letters Testamentary or Letters of Administration from the probate court and then signs the MVD title transfer documents.
For general information on probate and small‑estate procedures in New Mexico see the New Mexico Courts resources: https://www.nmcourts.gov/ and the New Mexico Legislature site for the Decedents’ Estates statutes (NMSA Chapter 45): https://www.nmlegis.gov/ (search “Decedents’ Estates” or “Chapter 45”).
4) Gather the documents the MVD will require
Typical documents the New Mexico Motor Vehicle Division will request include:
- Original vehicle title, properly assigned (signed) or blank if the MVD requires it to be signed by the personal representative or heir.
- Certified death certificate.
- Letters Testamentary/Letters of Administration OR a properly completed small‑estate or heirship affidavit (if qualifying and available).
- Odometer disclosure (federal/state form) if required by age/mileage rules.
- ID for the person applying (driver license/state ID).
- Lien release if the lienholder has been paid or released.
- MVD application for Certificate of Title and required fees and taxes.
Check the MVD for exact form names and current fees: https://www.mvd.newmexico.gov/
5) Complete title transfer at the MVD or a local office
Bring the documents to a local MVD office or authorized third‑party provider. If you are transferring as a personal representative, present your letters from probate and sign as required. If you are using a small‑estate affidavit, submit the affidavit and sign as the person entitled to the vehicle under the affidavit.
6) Pay title, registration, and tax charges
The MVD collects title fees, registration fees, and any applicable gross receipts or excise taxes on the transfer. Ask the MVD for a breakdown so you can pay the correct amounts.
7) Handle special situations
- If there is a lien: Contact the lienholder. You’ll need a lien release or payoff before the title can be cleared and retitled.
- If multiple heirs claim the vehicle: You may need a court order allocating the vehicle or formal probate to resolve disputes.
- If the vehicle was gifted or in a trust: Different rules can apply (trust administration or trustee powers may govern transfers).
Where to get forms and official guidance
New Mexico Motor Vehicle Division (titles and registration): https://www.mvd.newmexico.gov/
New Mexico Courts (probate rules, small‑estate procedures, self‑help): https://www.nmcourts.gov/
New Mexico Legislature (search statutes on decedents’ estates and motor vehicle code): https://www.nmlegis.gov/
When to consult an attorney: If the title is contested, the estate is large or complicated, there is a lien dispute, or you are unsure whether a small‑estate affidavit applies, consult a probate attorney licensed in New Mexico.
Helpful Hints
- Start by locating the physical Certificate of Title — it often answers the key question whether probate is needed.
- Order several certified death certificates early — agencies often require original certified copies.
- Call your local MVD office before you visit to confirm current forms, fees, and whether you need an appointment.
- If the vehicle has a lien, contact the lender before going to the MVD so you know the payoff process and timing.
- If the estate seems small and uncontested, ask the court clerk or a probate self‑help resource about a small‑estate affidavit — it can save time and expense.
- Keep copies of all documents you submit to the MVD and any receipts for fees paid.
- If you expect disputes among heirs, get legal advice early — probate litigation is more expensive once title transfers or the vehicle is sold.