Detailed answer — step‑by‑step guide

This answer explains typical steps families follow in Tennessee when a vehicle owner dies, the estate is small, and you do not have the original paper title. State law assigns title control to the county clerk and governs probate/small‑estate procedures through Tennessee’s probate statutes and motor‑vehicle title rules. See Tennessee probate law (Title 30) and Tennessee motor vehicle title law (Title 55) for the statutory framework: https://codes.capitol.tn.gov/tennessee_code/title30/chapter2/ and https://codes.capitol.tn.gov/tennessee_code/title55/chapter3/.

1. Confirm who legally owned the vehicle

Check whether the vehicle was titled solely in the decedent’s name, jointly (with right of survivorship), or to a trust. If the surviving spouse was a co‑owner with survivorship language, the vehicle may already belong to the spouse and only a title update is needed. If it was solely in the decedent’s name, the vehicle is part of the decedent’s estate.

2. Decide whether small‑estate procedures apply

Tennessee offers simplified procedures for handling small estates. If the estate qualifies, you can often collect personal property (including a vehicle) or transfer it without a full probate administration by using a small‑estate affidavit or similar affidavit authorized by the probate court. The county probate court can confirm whether the estate qualifies and provide the specific affidavit form or instructions. See Tennessee probate small‑estate provisions: https://codes.capitol.tn.gov/tennessee_code/title30/chapter2/.

3. Gather required documents

Typical documents county clerks and probate courts will ask for include:

• Certified copy of the decedent’s death certificate.
• A completed small‑estate affidavit or an affidavit of heir(s) if the probate court permits that procedure.
• Government photo ID for the person requesting transfer (surviving spouse).
• Vehicle information: VIN, year, make, model, current registration (if available), and any ownership records you still have.
• Odometer disclosure statement if required by state or federal law (often needed for vehicles under a certain age).
• If there was a lien, paperwork showing the lien has been resolved or a lien release from the lender.

4. If the original title is missing: apply for a duplicate title or transfer via affidavit

Because you do not have the original title, you will need to either:

1. Apply for a duplicate title in the decedent’s name and then transfer the duplicate to the surviving spouse; or
2. Use the small‑estate affidavit (or court order) to have the county clerk issue a new title directly in the surviving spouse’s name.

Which path the county clerk requires depends on local practice and whether a probate court order is needed. If the estate qualifies for the affidavit procedure and all heirs agree, clerks often accept a properly executed small‑estate or affidavit of heir(s) plus a death certificate and issue the title. If there is any dispute among heirs or the estate does not qualify, the clerk may require letters testamentary or letters of administration (court‑issued authority) before transferring title.

5. Visit the county clerk’s office

The county clerk handles Tennessee vehicle titles. Bring the documents above, the signed/notarized affidavit (if required), and payment for fees. The clerk will tell you whether a duplicate title application is needed or whether the clerk can transfer the vehicle directly based on the affidavit or court order.

6. Pay fees and any applicable taxes

Expect to pay title fees and possibly registration fees. Tennessee does not have a statewide inheritance tax, but sales/use tax or privilege tax sometimes applies to motor vehicle transfers; transfers because of death may be exempt in certain situations. Ask the county clerk or the Tennessee Department of Revenue about applicable taxes: https://www.tn.gov/revenue.

7. If there is a lien or contested claim

If a lender holds a lien on the vehicle, contact the lender to obtain a payoff or lien release. If any heir disputes the transfer or if the small‑estate qualifications are not met, you may need to open a probate administration and secure letters of administration or a court order authorizing the transfer. In contested situations, consult a probate attorney.

8. Typical timeline

Timing depends on the county clerk’s workload and whether the probate court must act. If the small‑estate affidavit is accepted and there are no liens or disputes, you can often get the new title in a few days to a few weeks. If probate is required, the process will take longer.

9. Where to find forms and local rules

Contact your local county clerk’s office and the probate court. County clerks provide the title application and can tell you whether they accept a small‑estate affidavit to transfer title. For general rules about small estates and probate, see Tennessee’s code for Title 30 (probate) and Title 55 (motor vehicles): https://codes.capitol.tn.gov/tennessee_code/title30/chapter2/ and https://codes.capitol.tn.gov/tennessee_code/title55/chapter3/.

Helpful Hints

• Start with the county clerk. They are the agency that issues titles and will tell you the exact local requirements and fee amounts.
• Get multiple certified copies of the death certificate early — you will need them for the clerk, DMV, bank, lender, and other agencies.
• If you have a copy of the old registration, vehicle insurance documents, or the seller’s invoice, bring them. Any secondary documents showing ownership or recent payments help.
• If the car had a loan, talk to the lender first to learn how they will handle a payoff or releasing the title after the owner’s death.
• If all heirs agree and the estate is small, ask the probate court about the affidavit procedure before starting formal probate — it can save time and expense.
• If anything is contested, or if the estate’s value is significant, consult a Tennessee probate attorney. A short consult can prevent costly mistakes.
• Always get copies of any affidavits or court orders you sign. Keep records of fees paid and filings submitted to the clerk or court.
• Confirm whether any sales or use tax or transfer privilege tax applies to your transfer. The county clerk or Tennessee Department of Revenue can confirm exemptions for transfers on death.