Short Answer (FAQ)

If one parent died and you want to transfer the deceased parent’s car into the surviving parent’s name, but you don’t have the original title, you generally have two parallel tasks: (1) obtain a duplicate title for the vehicle in the name of the deceased owner, or use the proper small‑estate/probate paperwork to show the survivor’s ownership interest; and (2) complete the DMV title transfer to the surviving spouse. In New Hampshire this commonly means contacting the New Hampshire Division of Motor Vehicles (DMV) to request a duplicate title or submitting an affidavit/letter from the probate court showing transfer authority. You will also need a certified death certificate and proof of the surviving spouse’s identity. If a lien exists on the vehicle, you will need to resolve that with the lienholder.

Not legal advice: I am not a lawyer. This article explains general steps under New Hampshire practice to help you prepare to speak with the DMV or a probate clerk or attorney.

Detailed answer — Step by step

1. Confirm the basic facts

• Confirm who legally owned the vehicle (the deceased parent alone, both parents, or jointly with right of survivorship).
• Check for a will or estate paperwork that might already name the surviving spouse as transferee.
• Check whether there is a lien (loan/finance) on the vehicle; a lienholder must normally be paid or release the lien before the DMV will issue a clear title.

2. Get a certified copy of the death certificate

Order one or more certified death certificates from the town/city where the death was registered. The DMV and probate court typically require a certified copy for any post‑death transfer.

3. Decide whether you can use small‑estate procedures or need probate

New Hampshire has probate procedures for small estates that can simplify transfers of personal property. If the estate qualifies for simplified or informal probate (or the surviving spouse is the sole heir under the will or intestacy), the probate court can issue documentation (letters, an affidavit, or a small‑estate form) showing the surviving spouse’s authority to take possession of the vehicle. Contact the local probate office for the county where the deceased resided to confirm whether small‑estate procedures apply and what paperwork the court will issue.

New Hampshire Probate Court information: https://www.courts.state.nh.us/probate/

4. If you don’t have the original title: obtain a duplicate title or use court paperwork

Two common approaches:

1. Apply for a duplicate title in the deceased owner’s name at the New Hampshire DMV. The duplicate title establishes the title document you need to complete a transfer. The DMV will require the duplicate title application, identification, and a certified death certificate. Once you receive the duplicate title, the seller/transferor portion of the title must be completed (signed by the executor/personal representative if required) and then the surviving spouse can sign as transferee.
2. If probate issues a small‑estate affidavit, letters of appointment, or other court order transferring the vehicle to the surviving spouse, present that court document with the certified death certificate to the DMV. The DMV may accept the court document in lieu of a duplicate title for purposes of re‑titling the vehicle into the surviving spouse’s name.

Start with the New Hampshire Division of Motor Vehicles for exact duplicate title and transfer requirements: https://www.nh.gov/safety/divisions/dmv/

5. Complete the title transfer and pay fees

When you have either (a) a duplicate title showing the deceased as owner, completed and signed in the proper seller fields, or (b) an acceptable probate court document directing transfer to the surviving spouse, take the paperwork to the DMV. The DMV requires the buyer’s (survivor’s) signature, valid identification, the death certificate, odometer disclosure if applicable, and payment of title, registration, and any applicable sales or use taxes. If the vehicle is a gift to the surviving spouse in some circumstances, tax exemptions may apply — ask the DMV about exemptions for transfers by inheritance or between spouses.

6. If a lien is shown or the vehicle was financed

If a lienholder appears on DMV records, contact the lender. The lien generally must be released or paid off before the DMV will issue a clear title in the surviving spouse’s name. A probate court order may instruct the lienholder; the lender may require payoff from estate assets.

7. If the deceased’s name is on the title jointly with right of survivorship

If the title was held jointly with rights of survivorship, the surviving joint owner typically becomes the sole owner on death without probate. Even so, the DMV usually requires the certified death certificate and may require completing a transfer/registration form to remove the deceased’s name.

8. What to do if the DMV rejects documents or the situation is complex

If the DMV says you need a formal probate administration (for example, if multiple heirs dispute ownership, estate paperwork is missing, or there are creditors), contact the local probate court or consult a probate/estate attorney. An attorney can help open an estate, obtain letters testamentary or letters of administration, and ensure the vehicle transfers legally.

Helpful hints

• Start with the DMV and the probate court early — both can tell you which paperwork they will accept.
• Obtain several certified death certificates (many agencies may request originals).
• If you’re unsure whether the deceased owned the car outright, obtain a vehicle history or contact the DMV to see whether a lien or co‑owner is on record.
• Keep photocopies and a checklist of every form submitted and every call you make (date, name, summary).
• If the surviving spouse cannot travel, the DMV may permit a mailed application for duplicate title or a third‑party to handle the process (ask DMV about required notarizations and authorizations).
• If there is a dispute among heirs or the estate is large, consider getting legal advice from an estate or probate attorney to avoid later challenges.
• If the vehicle is driven before the title transfer, ensure the surviving spouse’s registration and insurance are updated to avoid lapses.

Where to get official help in New Hampshire

• New Hampshire Division of Motor Vehicles — general title and registration information and forms: https://www.nh.gov/safety/divisions/dmv/
• New Hampshire Probate Court information and local probate office contacts: https://www.courts.state.nh.us/probate/

When in doubt, call your local DMV office or probate clerk and ask which exact documents they will accept to transfer a deceased person’s vehicle to the surviving spouse without the original title.