Detailed Answer

Short summary: In Nebraska you have two common routes when a decedent’s vehicle title is missing: (A) obtain a duplicate title in the decedent’s name and then transfer it, or (B) use Nebraska’s small-estate / affidavit procedures to transfer the vehicle without formal probate. Which route applies depends on who owned the vehicle (joint owner vs. sole owner), whether the estate qualifies for collection by affidavit, and whether the county treasurer/DMV accepts the affidavit package. Below are clear, step-by-step actions to take and what documents you will likely need.

Step-by-step process

1. Identify title ownership status.
   • If the vehicle was titled jointly with rights of survivorship (e.g., both spouses named on the title), the surviving joint owner is usually the legal owner after death. In that case, present the certified death certificate and the title (or apply for a duplicate title) to the county treasurer or DMV to get a new title in the surviving owner’s name.
   • If the deceased was the sole owner, continue below. If there is a will or an appointed personal representative, probate may be required unless a small-estate affidavit applies.
2. Get a certified copy of the death certificate.

   Order a certified copy from the county where the death occurred or from Nebraska Vital Records. Most agencies (DMV, county treasurer) require a certified death certificate for title transfers after death.

3. Try to locate the original title or get a duplicate.

   If the original title cannot be found, you can usually apply for a duplicate title in Nebraska before transferring title. Contact the Nebraska DMV or your county treasurer for the duplicate-title application procedure and the required documents.

   Getting a duplicate title first is the most straightforward route because it restores the usual transfer paperwork: once you have the duplicate titled in the decedent’s name, you can complete a regular transfer (surviving spouse signs, or heir signs under whatever legal authority applies).

4. Consider using a small-estate (collection) affidavit if probate is not desirable.

   Nebraska law provides procedures to collect and transfer personal property of a decedent without full probate when the estate qualifies. If the estate qualifies as a small estate under Nebraska probate rules, a surviving spouse or heir may use an affidavit to claim the vehicle. The county treasurer/DMV may accept an affidavit package (signed, notarized affidavit, certified death certificate, and any required bill-of-sale or odometer disclosure) to issue a new title to the survivor or heir.

   Because procedures and document names vary by county, call your county treasurer’s title office or the Nebraska DMV to confirm the exact affidavit form and supporting documents they require.

5. Complete the DMV/county forms for transfer.

   Whether you obtain a duplicate title or proceed via affidavit, you will typically need:

   • Certified death certificate
   • Application for Nebraska certificate of title (county treasurer or DMV form)
   • Affidavit for collection of personal property of a decedent or other signed affidavit (if not using a duplicate title)
   • Odometer disclosure statement (if required by federal/state rules for the vehicle’s age)
   • Proof of identity for the applicant (surviving spouse or heir)
   • Payment for title/transfer fees and any taxes

   Turn these into the county treasurer’s motor vehicle office or the Nebraska DMV as directed.

6. If there is disagreement among heirs or potential creditors, consider opening probate or consult an attorney.

   A small-affidavit process works best where the decedent’s estate is simple and heirs agree. If heirs disagree or the estate has significant debts, you may need a formal probate proceeding under Nebraska probate rules.

Where to find authoritative Nebraska resources

• Nebraska DMV main site (titles & registration) — contact your county treasurer for local procedures: https://dmv.nebraska.gov/
• Nebraska statutes on probate and estates (Chapter 30 of the Nebraska Revised Statutes): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
• Nebraska statutes on motor vehicles (Chapter 60): https://nebraskalegislature.gov/laws/statutes.php?chapter=60

Common scenarios and what they mean for title transfer

• Vehicle titled to both parents jointly: Surviving spouse generally becomes owner. Provide death certificate and ID. County treasurer can issue title to the survivor.
• Vehicle titled only to deceased parent and surviving spouse is sole heir: You may use the small-estate affidavit procedure or get a duplicate title first and then transfer to surviving spouse.
• No spouse, multiple heirs: If the estate qualifies for collection by affidavit and heirs agree, they can use the affidavit method to transfer the vehicle. If heirs disagree, open probate.
• Original title lost and no small-estate option: Apply for a duplicate title for the decedent through Nebraska DMV. Once you have it, proceed with the normal transfer process.

Timing, costs, and practical tips

• Expect a few days to a few weeks depending on whether a duplicate title is needed and whether the county office processes the affidavit quickly.
• Fees: duplicate title, title transfer, and possible taxes apply. Call your county treasurer for fee schedules.
• If the vehicle is financed, contact the lender first — the lender holds the lien and controls the title until the lien is released.

When should you get help from an attorney?

Consider legal help if:

• Heirs disagree about who should receive the vehicle.
• The estate has unresolved creditor claims or large debts.
• You are unsure whether the estate qualifies for collection by affidavit.
• There is a lien or title dispute that the county treasurer/DMV cannot resolve easily.

Helpful Hints

• Call your county treasurer’s motor vehicle office first. County offices often handle title transfers and can tell you exactly which affidavit or forms they accept.
• Keep original certified death certificates. Photocopies are usually not accepted for title transfers.
• Search thoroughly for the original title (safety deposit boxes, the deceased’s files, their attorney or lender). Obtaining a duplicate title is often the fastest, clearest route.
• Bring a copy of the vehicle’s registration, insurance card, and any loan agreement when you visit the county office — these can speed up processing.
• If you plan to sell the vehicle after transfer, remember to complete a bill of sale and mileage disclosure as required by DMV rules.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in Nebraska or contacting the Nebraska DMV or your county treasurer for official instructions tailored to your situation.