Detailed answer — step-by-step overview under Oregon law

When one spouse dies and you need to transfer the deceased person’s vehicle to the surviving spouse but you do not have the original paper title, Oregon allows several simplified routes depending on whether the estate must go through probate. The most common path for uncomplicated transfers is to use the small-estate/affidavit procedures and the Oregon DMV’s title-transfer process. Below are practical steps and the legal basis you should check before you visit the DMV.

1) Confirm whether a formal probate estate is required

Oregon law offers simplified procedures for small estates that avoid full probate. Whether your situation qualifies depends on the total value and type of assets and any competing claims. See Oregon’s probate statutes for the rules and thresholds that apply: ORS Chapter 114 (Probate and administration). If the estate is not contested and qualifies as a small estate, you typically can use an affidavit procedure to collect and transfer personal property, including vehicles.

2) Gather the documents you will need

Bring these items to the DMV or to the person who will complete the affidavit:

• Certified copy of the death certificate for the deceased owner (required by the DMV).
• Proof of the surviving spouse’s identity (driver license or other acceptable ID).
• Vehicle information: registration, license plate number, VIN, year/make/model, and any bill of sale, insurance card, or maintenance records that show ownership or possession.
• Evidence of any lien on the vehicle (loan payoff information) if applicable.
• Completed Oregon title application form and any required odometer disclosure forms. See Oregon DMV title forms: Oregon DMV — Title forms.
• If you are using a small-estate affidavit, bring the completed affidavit and have it notarized as required.

3) Use the appropriate affidavit or transfer form

If the estate qualifies as a small estate, Oregon’s affidavit procedure allows an heir or surviving spouse to collect personal property without appointment of a personal representative. That affidavit identifies who is entitled to the property and is sworn to under penalty of perjury. Consult ORS Chapter 114 for the specific affidavit process: ORS Chapter 114. The affidavit, together with the death certificate, is the paperwork the DMV will use to accept the transfer when the original title is missing.

4) How the Oregon DMV processes a title transfer when the original title is missing

If the original title is not available, the DMV generally requires:

• A completed Application for Title and Registration (use Oregon DMV forms listed above).
• The certified death certificate for the prior owner.
• The small-estate affidavit or other proof you are entitled to transfer the vehicle (for example, an affidavit signed by the surviving spouse stating the facts and claiming the vehicle under the small-estate procedure).
• Odometer disclosure if the vehicle is subject to federal odometer rules.
• Payment of any title and registration fees (and any liens must be cleared or noted).

With these items the DMV can issue a new title in the surviving spouse’s name even when the paper title cannot be located. For specific DMV instructions and the exact forms to bring, check the Oregon DMV guidance on transferring titles after an owner’s death: Oregon DMV – Titles & transfers.

5) If there are multiple heirs or a dispute

If more than one person claims the vehicle, or if the deceased left a will that needs probate or the estate exceeds the small-estate limits, you may need to open a probate matter in Oregon circuit court so the personal representative can get authority to transfer property. See ORS Chapter 114 for intestate succession and probate administration rules: ORS Chapter 114.

6) Practical timeline and next steps

1. Collect a certified death certificate from the vital records office.
2. Check whether the estate qualifies as a small estate under ORS Chapter 114 or contact the county probate court clerk for guidance.
3. Complete the small-estate affidavit (if eligible) and have signatures notarized.
4. Contact Oregon DMV or visit a DMV office with the affidavit, death certificate, and completed title application to request a title transfer or duplicate title in the surviving spouse’s name.
5. If the vehicle has a lien, obtain lien-release or payoff information and include that with your DMV visit.

Because state requirements and forms change, call your local DMV office or visit the DMV website before you go to confirm the current forms and any appointment requirements. Oregon DMV title resources: https://www.oregon.gov/odot/dmv/Pages/vehicle/titles/forms.aspx.

Helpful hints

• Bring certified (not photocopy) death certificates. DMV typically requires certified copies.
• If you can find a registration or insurance card with the deceased owner’s name, bring it — DMV accepts those as supporting evidence of ownership.
• Call the DMV before you go. Explain you want to transfer a vehicle after an owner’s death and that you don’t have the original title; ask what specific forms you need that day.
• Ask whether your county requires a small-estate affidavit or whether the DMV will accept the surviving spouse’s sworn statement; procedures can vary by circumstance.
• If the vehicle had a lien, contact the lender for a payoff statement or lien-release — DMV cannot clear a lien without lender documentation.
• Have the affidavit notarized. The DMV often requires notarized signatures on affidavits used to transfer a vehicle from a deceased owner.
• If there is any dispute among heirs, consult a probate attorney before transferring the vehicle to avoid liability for improper distribution.
• Keep copies of everything you submit to the DMV and get a receipt when you file forms or pay fees.