Detailed answer: step-by-step process under Massachusetts law

When a parent dies owning a vehicle and you don’t have the original title, Massachusetts law and the Registry of Motor Vehicles (RMV) allow several paths to transfer ownership. Which path you use depends on how the vehicle was titled, whether the estate is being probated, and whether the estate qualifies for any small-estate summary process.

1) Confirm how the vehicle is titled

Check whether the vehicle was titled in the deceased parent’s name alone, jointly with the surviving parent (with rights of survivorship), or to a trust. If the surviving parent is a joint owner with right of survivorship, the RMV process is usually the simplest: present the death certificate and current registration to the RMV and they will update title/registration. See RMV guidance: Transfer a title of a deceased owner’s vehicle (Mass.gov).

2) If the vehicle was in the deceased parent’s sole name

You generally have three common options:

1. Use a small-estate or summary procedure (if eligible). Massachusetts probate rules provide limited non-probate ways to collect and transfer personal property when the estate is small. If the estate qualifies, an heir or beneficiary can often present a small-estate affidavit or other court paperwork to the RMV to transfer the vehicle without full probate. See the Massachusetts probate statutes (Chapter 190B) for the probate code: Mass. Gen. Laws ch. 190B. Because exact eligibility depends on the value and types of assets, check with the Probate and Family Court or an attorney for the specific threshold and required paperwork: Massachusetts Probate & Family Court.
2. Open a probate estate and have the executor/administrator transfer the title. If probate is or will be opened, the personal representative (executor or administrator) receives Letters Testamentary or Letters of Administration from the Probate Court. The representative can then apply to the RMV to obtain a duplicate title in the estate’s name or sign over the title to the surviving parent. Bring the letters, the death certificate, the current registration, and ID to the RMV.
3. Get a duplicate title from the RMV, then transfer. If the original paper title is lost, the RMV can issue a duplicate title. The process for replacing a lost title is described by the RMV. If the owner is deceased, the RMV will tell you what supporting documents are required (for example, death certificate, proof of authority to act, or small-estate paperwork). After you obtain the duplicate title, the person with legal authority signs the duplicate to transfer the vehicle to the surviving parent and you complete a standard title transfer at the RMV. RMV instructions for replacing a lost vehicle title: Replace a lost vehicle title (Mass.gov).

3) Documents you will typically need

• Certified death certificate of the deceased owner.
• Current vehicle registration (if available).
• Photo ID for the person applying.
• Proof of your authority to act: either probate court Letters, a small-estate affidavit, or an RMV-authorized affidavit. If there is a joint owner listed on the registration/title, that person’s signature may be sufficient.
• Completed RMV forms for duplicate title or transfer; bill of sale if required by RMV.
• Payment for RMV fees.

4) Practical notes and common scenarios

– If the vehicle had a lien, the lienholder must be paid or release the lien before the RMV will issue a clear title in the surviving parent’s name.

– If family members disagree about who should receive the vehicle, or if ownership is unclear, you may need to open a probate estate or seek court guidance.

– If the vehicle’s value is modest and the estate otherwise qualifies, a small-estate affidavit or summary disposition can save time and avoid formal probate. Consult the Probate and Family Court or an attorney to confirm eligibility and prepare the affidavit correctly.

5) Where to get official information and forms

• RMV instructions on transferring a vehicle owned by a deceased person: https://www.mass.gov/how-to/transfer-a-title-of-a-deceased-owners-vehicle.
• RMV instructions for replacing a lost title: https://www.mass.gov/how-to/replace-a-lost-vehicle-title.
• Massachusetts probate code (for small-estate and probate procedures): Mass. Gen. Laws ch. 190B.
• Massachusetts Probate & Family Court locations and procedures: https://www.mass.gov/orgs/massachusetts-probate-and-family-court.

Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For help tailored to your situation—especially if there is a dispute, a lien, or uncertainty about small-estate eligibility—consult a qualified Massachusetts probate or estate attorney.

Helpful Hints

• Start by calling your local RMV branch or checking the RMV website to confirm which forms you will need for a duplicate title or transfer in the case of a deceased owner.
• Obtain several certified copies of the death certificate early; agencies often require originals or certified copies.
• If you find a signed but lost title, the RMV may still require a duplicate. Do not attempt to sign over a title unless the RMV confirms that it is acceptable.
• If the surviving parent’s name is on the vehicle documents as a joint owner, bring ID and the death certificate to the RMV to update ownership—this is usually quickest.
• Check for liens before transferring. Request a lien payoff from any lender listed on the title.
• If the estate may exceed the small-estate limits or if multiple heirs contest distribution, open probate and get Letters; that clears title questions for the RMV and for selling or gifting the vehicle.
• When in doubt, consult the Probate & Family Court or a probate attorney. A short attorney consult can save time and avoid costly mistakes later.