Detailed answer — step‑by‑step process in New Jersey

This answer explains the usual steps to transfer vehicle ownership when one parent has died, the other parent will receive the car, and the original title cannot be found. State agencies and local courts handle these situations. The process usually requires proof of the decedent’s death, proof of the survivor’s identity, and either proof of authority to transfer (a probate document or small‑estate affidavit) or a duplicate title application. Follow these steps:

1. Confirm whether you need probate or a small‑estate procedure

If the decedent’s estate is small and there are no disputes, you may not need full probate. New Jersey’s Surrogate’s Courts explain a streamlined small‑estate process that may allow transfer of personal property without full administration. Start by reading the New Jersey Courts small estates guidance: NJ Courts — Small Estates.

2. Contact the New Jersey Motor Vehicle Commission (MVC)

The MVC controls vehicle title transactions. Contact MVC or review its title resources to learn the specific forms and documentation required for a title transfer after an owner’s death: NJ MVC — Titles. MVC will tell you whether you can transfer directly with a surviving spouse affidavit, require a court order, or ask for a duplicate title first.

3. Gather required documents

Common documents the MVC and court may require include:

• Certified copy of the decedent’s death certificate.
• Proof of the surviving spouse’s identity (driver’s license or photo ID).
• Vehicle information: VIN, make, model, year, current registration (if available), any loan or lien information.
• Title or ownership documents, if found. If the original title is missing, you will likely need to apply for a duplicate title or provide court authorization to transfer without the title.
• Probate paperwork (letters testamentary or letters of administration) if the estate has been opened by the Surrogate’s Court.
• Small‑estate affidavit or a court order allowing transfer if the estate qualifies (see NJ Courts link above).

4. If the original title is lost: pursue a duplicate title or an affidavit/court order

There are two common approaches:

1. Apply for a duplicate title in the decedent’s name, then complete a standard transfer to the surviving spouse. MVC can advise whether a duplicate title can be issued when the owner is deceased and what notarized forms are needed.
2. If the duplicate title route is not available or is impractical, use the small‑estate process or obtain a Surrogate’s Court order authorizing transfer of the vehicle to the surviving spouse. Many counties allow transfer of personal property (including vehicles) under a small‑estate affidavit if the estate value is below the statutory threshold. The Surrogate’s Court website and staff can explain whether your case qualifies and what proof they require: NJ Courts — Small Estates.

5. Complete MVC title transfer paperwork

Once you have a duplicate title or a court order/affidavit, complete the MVC title transfer forms per MVC instructions. Expect to sign an application for a certificate of ownership in the surviving spouse’s name, surrender the decedent’s plates if required, and pay title and registration fees and any use tax due on the transfer. MVC will provide the exact forms and fee schedule: NJ MVC — Titles.

6. Pay attention to liens and outstanding loans

If a lender holds a lien, you must contact the lienholder. The loan will need to be satisfied or assumed per the lender’s rules before MVC will release a clear title. The lender may require probate or other documentation to permit payoff or transfer.

7. Expect possible county‑by‑county differences and timing

Surrogate’s Court practices and forms vary by county. Call the county Surrogate’s office where the decedent lived for local directions. The MVC may also request specific notarizations or certifications. Start early: obtaining certified death certificates and court documents can take time.

When to open a full probate

Open a full probate (estate administration) if the estate contains multiple valuable assets, creditors object, or the survivors cannot agree on distribution. Probate provides formal authority (letters testamentary or letters of administration) to the estate representative to transfer titled property. If the transfer seems contested or complex, consult an attorney.

Summary checklist

• Obtain certified death certificate(s).
• Contact your county Surrogate’s office to see if the estate qualifies for the small‑estate process.
• Contact NJ MVC for their requirements to transfer a title after death and to learn how to apply for a duplicate title if needed.
• Gather ID, vehicle details, lien information, and any probate documents.
• Complete MVC title transfer forms, pay fees and taxes, and follow any Surrogate or MVC instructions about notarization and documents.

Important: The exact path — duplicate title vs. small‑estate affidavit vs. court order — depends on the county Surrogate’s rules, whether a lender holds a lien, and whether the estate qualifies as a small estate. Start with the NJ Courts small‑estates page and the NJ MVC title page listed above.

This is not legal advice. It is general information to help you understand the likely steps in New Jersey. For help applying these steps to your situation, contact the county Surrogate’s office, the New Jersey Motor Vehicle Commission, or an attorney familiar with New Jersey probate and title law.

Helpful Hints

• Order several certified death certificates early — many agencies and lenders require originals.
• Call your county Surrogate’s office first. Their staff usually explain whether you can use a small‑estate affidavit or need formal probate.
• Call NJ MVC before you visit. MVC staff will confirm what forms to bring and whether a duplicate title is possible after death.
• If a lien exists, contact the lender. The lender can tell you the payoff process and whether they will release a title to a surviving spouse.
• Keep a paper trail. Save copies of all forms, court papers, certified documents, and communications with MVC and the Surrogate.
• If relatives disagree or the situation is legally complex, consider a consultation with an attorney who handles probate and title transfers in New Jersey.
• Be prepared to pay small fees for certified documents, duplicate title, title transfer, registration, and possible Surrogate fees.