Step-by-step answer

This answer explains how, under West Virginia law, a surviving spouse (or the other parent) can transfer a deceased parent’s motor vehicle title when the original title is missing. This explains typical DMV steps, probate alternatives (small‑estate procedures), and what documents you will likely need. This is educational information only and not legal advice.

Key overview

When a vehicle owner dies and you don’t have the paper title, you generally have three paths to get the vehicle titled in the surviving spouse’s name in West Virginia:

1. Obtain a duplicate title from the West Virginia DMV in the decedent’s name (if DMV will issue one after death with the correct supporting documents).
2. Use a small‑estate affidavit or other nonprobate transfer (if the estate qualifies) to transfer the vehicle to the surviving spouse without full probate.
3. Use a court order (letters testamentary/administration or a probate court order) to obtain a title if the other routes fail.

Step‑by‑step process to follow

1. Gather immediate documents

• Obtain certified copies of the decedent’s death certificate.
• Find any paperwork that shows ownership (insurance card, loan documents, registration, previous mail from DMV, bill of sale, or the vehicle’s VIN and plate number).
• Locate the decedent’s will (if any) and check whether the vehicle was titled jointly or solely in the decedent’s name.

2. Check how the vehicle was titled

If the vehicle was jointly titled with right of survivorship (both names on the title), the surviving owner will usually be able to transfer the title by providing the DMV with the death certificate and proof of identity. If it was solely in the decedent’s name, proceed to the next steps.

3. Contact the West Virginia DMV (Title and Registration)

Call or visit the WV Division of Motor Vehicles to explain that the vehicle owner died and the original title is missing. They will tell you which forms they accept for vehicles of decedents and whether a duplicate or replacement title can be issued. WV DMV is the agency that issues titles and handles transfers; see their general information page: https://transportation.wv.gov/DMV/Pages/default.aspx

4. Try to get a duplicate title in the decedent’s name (if available)

The DMV can sometimes issue a duplicate title in the deceased owner’s name if you supply the required documents (death certificate, ID, proof of ownership like registration or VIN). If DMV issues a duplicate title, the executor or surviving spouse can then sign the title over to the surviving spouse (or complete the DMV transfer form) and pay the transfer fees.

5. If the DMV will not issue a duplicate because the owner is deceased, use a small‑estate procedure or court documents

West Virginia law provides probate procedures for transferring personal property from a decedent’s estate without full administration where the estate qualifies for summary handling. If the estate qualifies under West Virginia’s small‑estate rules, an affidavit or similar small‑estate instrument may permit you to transfer the car to the surviving spouse without formal probate. See West Virginia decedents’ estates statutes: https://code.wvlegislature.gov/44/

Typical small‑estate steps:

• Confirm the estate qualifies for small‑estate treatment under WV law (the statutes in Chapter 44 describe the probate and small estate rules).
• Prepare the required affidavit or form (sometimes called an affidavit for collection of personal property or small estate affidavit). The affidavit usually must be sworn, identify heirs, state that the estate qualifies, and state the amount and nature of assets.
• Submit the affidavit plus the death certificate to the DMV with any required transfer forms and fees. The DMV may accept the affidavit in lieu of letters of administration and issue a title transfer to the surviving spouse.

6. If small‑estate affidavit is not accepted, obtain court authorization

If DMV requires probate documents, you (or the person handling the estate) will need to open a probate case and get letters of administration or a court order directing transfer of the vehicle. The probate court issues documents that the DMV will accept to re‑title the vehicle. See West Virginia probate statutes and court rules at the Legislature site: https://code.wvlegislature.gov/44/

7. Use a bonded title only if you cannot obtain an original or court authorization

If you cannot obtain a duplicate title, cannot use the small‑estate procedure, and do not want or cannot get a probate order, some states allow a bonded title. A bonded title requires buying a surety bond for a percentage of the vehicle’s value and then applying to the DMV. Check with WV DMV whether they issue bonded titles and what the bonding rules are.

What the DMV will typically ask for at transfer

• Certified death certificate.
• Proof of identity of the person applying (driver’s license or ID).
• Evidence of ownership (duplicate title, registration, insurance card, VIN check, or small‑estate affidavit or court order).
• Odometer disclosure (if required by federal/state rules for the vehicle’s age).
• Payment for title transfer and registration fees and any applicable taxes.
• If there is a lien, documentation showing payoff or lien release.

When to speak with a probate attorney

Consider a lawyer if:

• DMV rejects the small‑estate affidavit or requires court documents.
• Multiple heirs dispute ownership of the vehicle.
• The estate is complex or has liens or significant debts.
• You need help drafting an affidavit or representing the estate in probate court.

Relevant West Virginia law and agency resources

• West Virginia Decedents’ Estates (Chapter 44) — statutes on probate, administration, and related procedures: https://code.wvlegislature.gov/44/
• West Virginia Division of Motor Vehicles — title and registration information and contacts: https://transportation.wv.gov/DMV/Pages/default.aspx

Helpful hints

• Start by ordering several certified death certificates from the county where the death was registered — DMV and other agencies almost always require certified copies.
• Search the decedent’s paperwork for any title paperwork, loan statements, or insurance documents showing the VIN. A VIN and registration can speed DMV procedures.
• If the vehicle was loaned or had a lien, contact the lender. A lienholder may hold the title and can tell you the payoff and transfer steps.
• Call your local WV DMV office before showing up; procedures can vary and staff can tell you exactly which forms to bring for vehicles belonging to deceased owners.
• Ask the DMV whether they accept a small‑estate affidavit or require probate documents. Get their answer in writing or note the name and badge/employee ID of the person who gave you instructions.
• Keep careful records of everything you submit and any fees paid.

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice specific to your situation, especially if the DMV or other heirs raise issues, consult a West Virginia probate attorney or contact the WV DMV for official guidance.