How to retitle a car from a deceased parent’s estate in Utah — step-by-step FAQ
Short answer: To retitle a car that belonged to your parent in Utah you must first determine how title is held (joint owner, sole owner, or subject to a will/trust). If the vehicle was jointly titled with right of survivorship or has a valid transfer directive, you may be able to transfer title at the Utah DMV with a death certificate. If the vehicle was solely in the decedent’s name, you will usually need either probate (letters of administration/executor paperwork) or a small‑estate affidavit/court form that authorizes transfer before the Utah DMV will issue a new title. If there is a lien, the lender must be involved.
Disclaimer
I am not a lawyer and this is not legal advice. This article explains general Utah procedures and points you toward likely next steps. For legal advice about your specific situation, consult a licensed Utah attorney.
Detailed answer — Step‑by‑step process under Utah law
1. Gather basic documents and information
- Locate the vehicle title (if available), registration, keys, and any loan/lease paperwork.
- Obtain a certified copy of the parent’s death certificate from the vital records office — the DMV and courts will usually require this.
- Find a will, trust, or any transfer‑on‑death beneficiary paperwork if present.
2. Identify how title is held (this determines the path)
- If the title names a joint owner with right of survivorship (for example, “John Doe and Jane Doe, joint tenants”), ownership usually passes automatically to the surviving owner. Present the death certificate and the title to the Utah DMV to change title. Contact the lender if there is a lien.
- If the title lists a beneficiary or is held in a trust, follow the trust terms or beneficiary designation and provide the trust or beneficiary paperwork plus a death certificate to the DMV.
- If the vehicle was solely in the decedent’s name (no joint owner, trust, or beneficiary), you generally must use probate or a small‑estate procedure to obtain authority to transfer ownership.
3. Small estate options vs. full probate
Utah law provides ways to collect and transfer certain personal property without a full probate administration when the estate meets the statutory requirements for a small estate or when the value of personal property qualifies. The Utah Courts website explains small‑estate procedures and forms you can use: Utah Courts — Small Estate Information. For a fuller discussion of probate and fiduciary administration, see Utah Code Title 75: Probate, Trusts, and Fiduciary Relations: Utah Code Title 75.
Typical outcomes:
- Small estate affidavit or court‑issued document: If the vehicle falls within Utah’s small‑estate rules (value and type of property qualify), an affidavit or simplified court form can permit the person entitled to the property to transfer title without formal probate.
- Letters testamentary or letters of administration: If formal probate is opened, the personal representative (executor/administrator) receives letters from the court. The personal representative can sign the title over to an heir or purchaser and present the letters to the DMV to change title.
4. Present required documents to the Utah DMV to retitle
When you have the legal authority to transfer the vehicle, take the necessary documents to the Utah Department of Motor Vehicles. Typical documents the DMV will require include:
- The existing vehicle title (properly signed or assigned, if available).
- A certified death certificate.
- Letters of administration/letters testamentary or a small‑estate affidavit or court order authorizing the transfer.
- Odometer disclosure (if required by federal/state rules) and proof of identity and residency for the person applying for title.
- Lien release, if the vehicle had a loan.
- Payment for title and registration fees and any applicable taxes.
For specific Utah DMV requirements and the exact forms, see the Utah DMV title information pages: Utah DMV — Vehicle Services. Contact your local DMV office if any requirements are unclear.
5. If there is a lien or lender
- Contact the lender. The lender may require proof of death and instructions from the estate representative. The lien typically must be satisfied or transferred before the DMV issues a clear title.
- If the bank holds the title, the lender often releases the title only after payoff or a court order allowing transfer despite the lien.
6. Insurance, registration, and practical steps
- Notify the auto insurer promptly to avoid coverage gaps and to update policy ownership or cancel if you will not keep the vehicle.
- Register the vehicle in the new owner’s name after the title transfer if you will keep driving it in Utah.
- If you plan to sell the vehicle, get the title in your name first (or follow DMV rules for selling from an estate).
7. When to get legal help
Consult an attorney if any of these apply:
- The estate is contested or family members disagree about ownership.
- There is a significant lien, creditor claims, or complex estate planning documents (trusts, multiple beneficiaries).
- Uncertainty about whether the small‑estate procedure applies or how to complete court forms.
Helpful Hints — checklist and practical tips
- Start by finding the physical title and any estate planning documents. That often answers the ownership question quickly.
- Order multiple certified death certificates — both the DMV and other agencies (banks, lenders, Social Security) will want originals.
- Call your local Utah DMV before you go. The staff can confirm exactly which documents they will accept for a transfer after death.
- If the vehicle has a lien, get a payoff statement from the lender so you know the amount required to get a clear title.
- Keep copies of everything you submit to the DMV or the court, and track receipts for fees or payments.
- Use the Utah Courts small estate resources for self‑help forms if the estate seems eligible: Small estate procedures.
- If probate is required, remember that probate timelines vary; simple probates may finish in a few months, while contested or complex estates can take much longer.
Key Utah resources
- Utah Courts — Probate & small estate guides: https://www.utcourts.gov/howto/probate/
- Utah Code (Title 75 — Probate, Trusts & Fiduciary Relations): https://le.utah.gov/xcode/Title75/75.html
- Utah DMV — vehicle title and registration information: https://dmv.utah.gov/vehicle
If you want, tell me whether the title names a co‑owner, shows a lien, or whether you found a will or trust. With those facts I can outline a more specific checklist of documents you will likely need to bring to the DMV or court.