Detailed answer — step-by-step overview under South Carolina law

Below is a plain-language, step-by-step guide for transferring title to a vehicle that belonged to a deceased parent in South Carolina. This describes the most common paths: transfer via probate (when the estate is opened), transfer using a small-estate procedure (when available), or transfer when the vehicle had a surviving co-owner. It assumes no unusual facts such as disputes about ownership or multiple competing claims.

1. Identify how the vehicle is currently titled

   Look at the current vehicle title. Common possibilities and their consequences:

   • Vehicle titled solely in the deceased parent’s name: You generally must either open probate or use a small-estate collection method before the South Carolina Department of Motor Vehicles (SCDMV) will retitle the vehicle.
   • Vehicle titled jointly with a surviving co-owner (for example, spouse) with right of survivorship: The surviving co-owner usually can sign to transfer the title into their name without probate. Check the title language and SCDMV requirements.
   • Vehicle has a lien: The lender’s lien must be released or satisfied before the title can be issued clear to a new owner.

2. Gather required documents

   Typical documents the SCDMV or probate court will expect include:

   • Certified copy of the deceased parent’s death certificate (obtain from South Carolina Vital Records: https://scdhec.gov/).
   • The original vehicle title (if available).
   • Proof of identity for the person applying to retitle the vehicle (SCDMV ID requirements).
   • Either probate court documents (Letters Testamentary / Letters of Administration) or a properly completed small-estate affidavit, depending on which path you use.
   • Any lien release(s) if there were loans secured by the vehicle.

3. Decide whether you must open probate or can use a small-estate affidavit

   Two common routes:

   • Probate administration: If the estate is being administered (e.g., there is a will and an executor, or no will and an administrator is appointed), the probate court issues letters that let the personal representative transfer estate property, including vehicles. The SCDMV will ask for court-issued letters when a title is in the decedent’s sole name. See South Carolina probate law (Title 62) for rules governing probate administration: https://www.scstatehouse.gov/code/title62.php.
   • Small-estate affidavit (collection without full administration): South Carolina law and court rules provide ways to collect small amounts of personal property without formal administration in certain circumstances. If the vehicle (or the decedent’s personal property overall) falls within the small-estate limits and the statutory conditions are met, an heir or beneficiary can present an affidavit and other paperwork instead of full probate. Because statutory thresholds and procedures can change, check with the local probate court or the South Carolina statutes noted above and the SCDMV page on title transfers after death: https://www.scdmvonline.com/Vehicle-Owners/Registration-Title/Title-Records/Title-Transfers/Title-Transfers-After-Death.

4. If opening probate: petition the probate court for appointment

   If you must open probate:

   • File a petition in the probate court of the county where the decedent lived to be appointed personal representative (executor or administrator).
   • After the court issues Letters Testamentary or Letters of Administration, use those letters plus the certified death certificate and the vehicle title (and lien release if applicable) to apply to the SCDMV to retitle the vehicle in the estate name or directly to the heir/buyer as authorized by the personal representative.

5. If using a small-estate affidavit: prepare and present the affidavit to SCDMV

   If the estate qualifies for a simplified collection procedure, you will typically:

   • Complete the statutory small-estate affidavit form (or the affidavit accepted by the probate court or SCDMV).
   • Attach the certified death certificate and the title (if available) and any lien release required.
   • Present the affidavit and supporting documents to the SCDMV to have the vehicle retitled into the heir’s name. If the SCDMV requires additional proof, the local probate court can advise.

6. Complete the SCDMV title transfer

   At the SCDMV office (or following its instructions if mail-in is allowed), you will:

   • Submit the required documents (death certificate, original title, letters or affidavit, lien release).
   • Complete SCDMV title transfer forms and pay applicable fees and taxes.
   • Receive a new title in the beneficiary’s name or an estate title as appropriate.

   Check SCDMV guidance for exact forms, fees, and current procedures: https://www.scdmvonline.com/.

7. Address liens and insurance

   If the vehicle had a loan, the lender may hold the title or a recorded lien. Contact the lender to obtain a payoff and lien release documents. Also update or obtain insurance for the vehicle before putting it back on the road.

8. When disputes or complex facts arise

   If beneficiaries disagree about ownership, if the decedent had unpaid creditors who might claim the vehicle, or if ownership facts are unclear, do not transfer the vehicle until you consult the probate court or an attorney. Transferring property improperly can expose you to claims and liability.

Where to find official South Carolina resources:

• South Carolina Department of Motor Vehicles (title transfer information): https://www.scdmvonline.com/
• South Carolina Code — Probate and estates (Title 62): https://www.scstatehouse.gov/code/title62.php
• South Carolina Judicial Branch (local probate court information and forms): https://www.sccourts.org/
• South Carolina Vital Records (death certificates): https://scdhec.gov/

Important note: This answer summarizes common procedures but cannot cover every factual variation. Specific documents and timelines vary by county and by whether the estate goes through formal probate.

Disclaimer: This is general information only and not legal advice. For help specific to your situation, contact the local probate court or consult a licensed South Carolina attorney.

Helpful Hints

• Start by locating the original vehicle title. If you cannot find it, request a duplicate title from the SCDMV before attempting a transfer.
• Obtain several certified copies of the death certificate early—agencies and lenders often require originals.
• Call your county probate court clerk to ask whether the estate qualifies for small-estate procedures and what forms they accept locally.
• If the vehicle is titled jointly, verify whether the title includes words like “with right of survivorship.” Those words often allow the surviving co-owner to retain ownership without probate.
• Do not drive or sell the vehicle until you have clear title in your name or the estate’s name and proper insurance in place.
• If the vehicle has a lien, obtain a written payoff amount and lien release from the lender before requesting a new title.
• When in doubt, ask the SCDMV or a probate court clerk which documents they require; clerks can often explain local practice but cannot provide legal advice.
• If potential disputes or creditor issues exist, consult a South Carolina probate attorney to reduce the risk of personal liability.