Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When someone dies in New Hampshire, you must decide whether a vehicle they transferred before death is part of their estate. Start by reviewing the title and any pre-death transactions. If the decedent completed a valid title assignment before dying, the vehicle belongs to the transferee. Otherwise, the car may become estate property.
1. Review Pre-Death Title Transfers
Examine the vehicle’s title for a completed assignment. New Hampshire law requires the seller (or owner) to sign the back of the title and deliver it to the buyer, who then records it with the DMV. If the decedent signed and delivered the title before death, the transfer is effective under RSA 261:17 and the car is not in the estate.
2. Check for Joint Ownership or Beneficiary Designations
If the decedent held the vehicle with another person as joint tenants with right of survivorship, the surviving owner takes full title automatically. New Hampshire does not allow “transfer on death” designations for cars, so joint title is the only non-probate option.
3. Use the NH Affidavit Transfer for Small Vehicles (RSA 458:16-a)
Under RSA 458:16-a, survivors may transfer a vehicle without formal administration if:
- The decedent owned only one vehicle.
- The survivor presents certified death certificates.
- The vehicle’s value does not exceed $25,000.
- They file an affidavit with the DMV.
If these conditions are met, the car passes outside probate and does not become estate property.
4. Determine if Probate or Administration Applies
If no valid pre-death transfer exists, and a small-estate affidavit does not apply, the vehicle becomes part of the decedent’s probate estate. The personal representative must handle it under RSA 561:1-a (small estate administration) or full probate if the estate exceeds the affidavit limits. The representative can sell, transfer, or distribute the car according to the will or New Hampshire intestacy rules.
Helpful Hints
- Obtain multiple certified copies of the death certificate before contacting the DMV.
- Keep the original title in a safe place; return it to the DMV only when required.
- Record any pre-death gift of the vehicle with a signed bill of sale.
- Confirm vehicle value through a reputable guide to determine if the affidavit threshold applies.
- Consult the NH DMV website or an attorney if the title shows liens or encumbrances.