Washington — Transferring a Deceased Parent’s Car Title to the Surviving Parent (Small Estate)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to transfer a deceased parent’s vehicle title to the surviving parent in Washington (small estate)

Short answer: If the decedent’s personal property (including the vehicle) qualifies as a small estate under Washington law, the surviving spouse can usually transfer the vehicle into their name without full probate by using the small‑estate affidavit process set out in RCW 11.62. You will need the decedent’s death certificate, a properly completed small‑estate affidavit, a vehicle title application (or title if available), and Washington Department of Licensing (DOL) forms and fees. If the title is missing, the affidavit plus a title application or other court order can substitute in many cases. If you don’t meet the small estate rules, you’ll likely need probate or a court order.

Detailed Answer — step‑by‑step under Washington law

1. Confirm whether the small estate process applies

Washington permits collection and transfer of certain personal property after a person dies without full probate using the statutes at RCW chapter 11.62. Review RCW 11.62 to confirm your situation meets the statute’s requirements (look for the current dollar threshold and qualifying property rules): RCW 11.62 (Disposition of personal property without administration).

2. Check title ownership and how the vehicle is titled

  • If the title named the decedent and the surviving spouse jointly with right of survivorship, the vehicle may pass automatically to the survivor. Contact Washington DOL for the exact documents needed.
  • If the decedent held the vehicle solely in their name, the vehicle is part of the decedent’s estate and you’ll use the small‑estate affidavit (if eligible) or probate/court process (if not eligible).

3. Gather required documents

Commonly required items include:

  • Certified copy of the decedent’s death certificate.
  • Completed small‑estate affidavit (signed under penalty of perjury). See RCW 11.62 for statutory language and filing rules: RCW 11.62.
  • Washington DOL title application or reassignment. If you do not have the original title, be prepared to complete a title application or DOL forms for a duplicate or transfer.
  • Proof of your identity and relationship to the decedent (photo ID; marriage certificate if relevant).
  • Odometer disclosure (if required by federal/state law for the vehicle’s age/mileage) and any lien release if a lien existed.
  • Payment for DOL title/registration fees and any taxes.

4. If the original title is missing

When you lack the original paper title, Washington DOL commonly accepts one of these routes:

  1. File a small‑estate affidavit (when RCW 11.62 applies) and submit it to DOL along with a title application so DOL can issue a new title in the surviving spouse’s name.
  2. Apply for a duplicate title. If the decedent’s title is reported lost but the decedent is deceased, DOL’s duplicate process may require additional documentation (death certificate, proof of right to the vehicle, or a court order).
  3. If the small‑estate route is not available, obtain a court order through probate (formal or informal) directing transfer of the vehicle; present the court order to DOL to get a new title.

Because DOL forms and procedures change, contact Washington DOL or visit their site for the most current instructions and forms: Washington State Department of Licensing.

5. Submit documents to DOL and complete the transfer

Deliver the small‑estate affidavit, death certificate, title application (or existing title if you locate it), and any additional DOL forms to a DOL office or an authorized subagent. Pay the title fee and any use/taxes. Once accepted, DOL will issue a new certificate of title in the surviving spouse’s name.

6. If something is contested or complex

If multiple heirs claim the vehicle, if there are unpaid liens, or if the decedent’s estate exceeds the small‑estate limit, you will likely need to open probate or get a court order. In those circumstances, consider talking to a probate attorney in Washington to determine next steps and to obtain the necessary court documentation.

Practical examples (hypotheticals)

Example A — Simple small estate: Mom dies owning a car titled solely in her name. The estate otherwise has little property. Dad (surviving spouse) completes a small‑estate affidavit under RCW 11.62, provides the death certificate and a title application to DOL, pays fees, and DOL issues a title to Dad.

Example B — Missing title and higher value estate: If the estate exceeds the small estate dollar threshold or multiple heirs dispute ownership, Dad cannot use RCW 11.62 and must either open probate or get a court order transferring the car. DOL will require that order to transfer title.

Helpful hints

  • Do not sign anything claiming to transfer ownership unless you are sure you have the legal right to do so. Incorrect transfers can create liability.
  • Always get certified copies of the death certificate from the funeral home or county vital records office.
  • Before doing anything, call Washington DOL customer service or visit a local DOL office to confirm the current forms and fee amounts. DOL’s main site: https://www.dol.wa.gov/.
  • Read RCW 11.62 carefully for the small‑estate eligibility rules and limitations: RCW 11.62.
  • If the title lists two owners as joint tenants or as “husband and wife,” check how the title is worded—some joint titles pass automatically to the survivor.
  • If a lienholder appears on DOL records, contact the lienholder to learn what documentation they require for release before title transfer.
  • If anything is contested, or if the estate’s value is near the statutory limit, consult a Washington attorney experienced in probate and estate administration.

When to talk to an attorney

  • If other heirs contest your right to the vehicle.
  • If the estate’s assets exceed the small‑estate threshold in RCW 11.62.
  • If there were business assets, substantial debts, or liens on the vehicle.
  • If DOL refuses to process a transfer using the small‑estate affidavit and asks for a court order.

Where to look for more information

Disclaimer: This article explains general Washington law and common administrative steps. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Washington attorney or contact Washington DOL.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.