Disclaimer: This is general information, not legal advice. For advice about your situation, consult a Vermont attorney or the probate court.
Detailed Answer
When a Vermont resident who owns a motor vehicle dies, the car’s title must be transferred from the decedent to whoever will own it next. The exact steps depend on how the vehicle was titled, whether there is a will, whether someone has been appointed personal representative (executor/administrator), and whether the estate must go through probate. Below is a clear, practical process you can follow and the documents you will likely need.
1. Identify how the vehicle is titled
- If the vehicle is titled jointly with right of survivorship (e.g., two people on title as joint owners), ownership usually passes automatically to the surviving owner. You will still need to notify the Vermont Department of Motor Vehicles (DMV) and provide a death certificate to update the title.
- If the vehicle is titled solely in your parent’s name, the vehicle becomes part of the estate. Transfer requires either probate administration (letters of appointment) or a simplified transfer method when the estate is small or an heir qualifies under Vermont procedures.
- If the vehicle is owned by a trust, follow the trust terms and provide the trust documents to the DMV.
2. Locate key documents
- Original vehicle title (certificate of title), if available.
- Certified death certificate (several certified copies are often needed).
- Will, if one exists.
- Any loan or lien paperwork showing whether the vehicle has a lien.
3. Determine whether probate or a small-estate transfer applies
If your parent left a will and the estate assets (including the car) must go through probate, the appointed personal representative will use the grant of appointment (letters) to sign the title transfer and provide the DMV with court documents. If there is no will, the court will appoint an administrator under Vermont’s probate procedures.
For modest estates, Vermont provides procedures to collect certain personal property without full probate administration. Whether the vehicle qualifies for a simplified transfer depends on the total estate value and the specific probate rules. For general information on Vermont probate law, see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14
4. Contact the Vermont DMV and get the correct DMV forms
The Vermont DMV requires specific forms to transfer title. Typical DMV requirements include:
- The signed vehicle title (if available) showing the seller/signature lines completed by the personal representative or heir when authorized.
- An application for a new title in the transferee’s name (available from the DMV).
- A certified death certificate.
- Letters of appointment or a small-estate affidavit, if applicable.
- Odometer disclosure, if required by federal/state rules.
- Documentation of lien release if a lien was paid off.
- Payment for the title transfer fee and any applicable registration or use taxes.
Start at the Vermont DMV site to find forms and fee details: https://dmv.vermont.gov/ (look under Vehicles > Titles & Registration).
5. If probate is required: obtain and use court documents
- File a probate petition in the Vermont Superior Court – Probate Division to be appointed personal representative, if necessary.
- Once appointed, use the court’s letters (grant of appointment) to sign the title transfer at the DMV. The DMV will accept court-appointed authority as proof you can transfer estate assets.
- Vermont courts (probate information): https://www.vermontjudiciary.org/
6. If a simplified transfer applies: use the proper affidavit
When the estate qualifies for a small-estate or non-probate transfer mechanism, the DMV may accept an affidavit of heirship or a small-estate affidavit in place of probate letters. The affidavit must be correctly completed, signed, and notarized. The DMV will explain whether this option applies and which form to use.
7. Complete the DMV transaction
- Gather all required documents (title, death certificate, court letters or affidavit, ID, lien release, odometer disclosure).
- Complete the DMV title-transfer application and any affidavit forms.
- Submit the forms in person or by mail to the Vermont DMV, pay the title fee, and register the vehicle (if needed).
- If the vehicle has a lien, ensure the lienholder provides a release before the DMV issues a clear title.
8. After transfer: update insurance and registration
Once you retitle the vehicle, update the insurance policy and registration in the new owner’s name. Keep copies of all probate and DMV documents in the estate file.
Common complications
- Missing title: If the title is lost, the DMV offers a duplicate title process that must be completed before transferring ownership.
- Outstanding lien: The lienholder must be paid or must release the lien before the DMV issues a new title free of liens.
- Disputes among heirs: If multiple heirs claim the car, you may need a court order resolving ownership or directing sale and division of proceeds.
For Vermont laws that govern probate and motor vehicle titling, review Title 14 (Probate) and Title 23 (Motor Vehicles):
Title 14 — Vermont Statutes and Title 23 — Vermont Statutes.
Helpful Hints
- Get several certified copies of the death certificate right away; multiple agencies will request them.
- Contact the Vermont DMV early to confirm which forms you need — local DMV staff can often tell you whether a small-estate affidavit will work.
- If the vehicle is jointly titled, bring the title and the death certificate to the DMV to update the records quickly.
- If the estate is likely to require probate (complex assets or disputes), consult a probate attorney to avoid mistakes that can delay title transfer.
- Keep clear records of value and any payments — if heirs sell the vehicle, document the sale and how proceeds are divided.
- If you believe the estate qualifies for a non-probate transfer, ask the DMV what specific affidavit language they require and whether the court must still be notified.
- When in doubt, reach out to the Probate Division of the Vermont Superior Court for guidance on whether probate is necessary: https://www.vermontjudiciary.org/
If you want, provide a short summary of your situation (how the vehicle is titled, whether there is a will, and whether a probate appointment exists) and I can outline the most likely next steps and forms to prepare.
Remember: This information is educational only and does not create an attorney-client relationship. For legal advice tailored to your circumstances, consult a Vermont-licensed attorney.