Detailed Answer

Short answer: In Virginia you can usually transfer a deceased parent’s vehicle to the surviving spouse either by using the existing title (if it names the surviving spouse as owner or joint owner), by applying for a duplicate title in the decedent’s name and then transferring it, or — when the estate qualifies as a small estate — by using a small‑estate affidavit or other simplified probate procedure recognized by Virginia law. Steps and required documents vary depending on whether the vehicle had a lien, whether the title was joint, and whether the estate qualifies for small‑estate procedures.

Step‑by‑step process

1. Confirm how the vehicle was titled. Look for whether the title named the decedent alone, the decedent and surviving spouse as joint owners, or listed another arrangement. If the title names both parents as joint owners with right of survivorship (or as joint tenants), the surviving spouse generally becomes the sole owner automatically and only needs to present proof of death and the out‑of‑state title to the Virginia DMV to retitle the vehicle in the surviving spouse’s name.
2. Obtain a certified copy of the death certificate. DMV and probate offices require an official certified death certificate (not a photocopy) to show the owner died.
3. If you don’t have the original title, decide whether to apply for a duplicate title or to use small‑estate procedures.
   • If the decedent was the sole titled owner and you can’t find the title, you can apply to the Virginia Department of Motor Vehicles (DMV) for a duplicate title in the decedent’s name and then complete a standard title transfer to the surviving spouse. Contact the Virginia DMV for the duplicate title form and fee information: https://www.dmv.virginia.gov/
   • If the estate qualifies as a small estate under Virginia law, you may be able to use an affidavit or simplified procedure to transfer personal property (including a motor vehicle) without full formal probate. The Virginia statutes that govern estate administration and small‑estate procedures are in Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/
4. Gather required paperwork. Typical documents the DMV and probate office will want include:
   • Certified death certificate for the decedent.
   • Proof of surviving spouse’s identity (driver’s license or other photo ID).
   • Marriage certificate (to prove spouse relationship) if requested.
   • Duplicate title application (if the title is lost) or the original title when located.
   • Small‑estate affidavit or other probate paperwork if you will transfer under small‑estate rules.
   • Any lien release or payoff paperwork if a lien existed on the vehicle.
5. Visit the Virginia DMV and/or the local probate clerk. The DMV handles vehicle title issuance once you have the proper supporting documents. The local circuit court clerk (probate clerk) can explain whether your case meets the small‑estate rules and can provide the necessary affidavit form or instructions for obtaining letters or orders, per Virginia probate procedures (see Title 64.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title64.2/).
6. Pay fees, taxes, and update registration and insurance. The surviving spouse will generally pay the title transfer fee and any required vehicle sales tax or use tax. Update vehicle registration and insurance promptly to avoid penalties and to keep the vehicle legally operable.
7. If there is a dispute, a lien, or the estate is larger/complex, use formal probate or seek attorney help. If the vehicle is part of a contested estate, has creditors or liens, or the small‑estate rules do not apply, you may need to open a full probate case and obtain letters testamentary or letters of administration before the clerk or court will allow transfer.

Key Virginia law references

Relevant Virginia law sections include the motor vehicle code and the estate administration statutes. Start here for legal text and official guidance:

• Virginia Code, Title 46.2 (Motor Vehicles): https://law.lis.virginia.gov/vacode/title46.2/
• Virginia Code, Title 64.2 (Wills, Trusts, and Administration of Estates — small estate and probate rules): https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Department of Motor Vehicles – Vehicles and Titling: https://www.dmv.virginia.gov/

When you can avoid probate

You can often avoid full probate if one of these is true:

• The vehicle was titled jointly with right of survivorship. The surviving joint owner typically only needs to bring the death certificate and the title paperwork to DMV.
• The estate qualifies as a small estate and you use the statutory small‑estate affidavit or simplified procedure under Virginia law (check Title 64.2 and the local circuit court clerk for eligibility and process).

When you likely need probate

Open formal probate if:

• The vehicle was solely titled in the decedent’s name and the estate does not meet small‑estate requirements.
• There is a competing claim to the vehicle, a lien that cannot be handled administratively, or other disputes among heirs.

Disclaimer

This information explains Virginia procedures in general terms and is not legal advice. Laws change and every case is different. For help applying the law to your situation, contact the Virginia DMV, your local circuit court clerk (probate office), or consult an attorney licensed in Virginia.

Helpful Hints

• Start by locating any paperwork: insurance documents, registration, or photocopies of the title. Any identifying information (VIN, title number) speeds duplicate title applications.
• Get several certified death certificates from the funeral home or vital records office; agencies often require originals and you’ll need them for bank, DMV, and other transfers.
• Call the Virginia DMV first. DMV staff can confirm required forms and fees, and tell you whether a duplicate title or an affidavit will work for your fact pattern: https://www.dmv.virginia.gov/
• Call or visit the circuit court clerk’s office in the county where the decedent lived. The clerk can explain small‑estate procedures and whether your situation meets the statutory tests under Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/
• If the vehicle has a lien, obtain written payoff or lien release information from the lender—DMV usually requires that before issuing a new title.
• Keep copies of everything you submit and obtain stamped receipts when you file forms with the DMV or court.
• If you anticipate any family disagreement, a creditor claim, or a complex estate, consider consulting a Virginia probate attorney before using small‑estate forms.