Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Ohio law, a decedent’s vehicle generally becomes part of the probate estate unless the transfer before death meets statutory requirements for a valid inter vivos gift or sale. To determine whether a transferred vehicle must be treated as estate property, follow these key steps:
- Review the Certificate of Title Assignment. Ohio Revised Code §4505.04 (https://codes.ohio.gov/ohio-revised-code/section-4505.04) requires that a properly endorsed certificate of title serves as prima facie evidence of ownership. Examine the assignment date and the name of the transferee on the back of the title.
- Check the One-Year Rule. Ohio Administrative Code 4501:2-1-07 (https://codes.ohio.gov/oac/4501:2-1-07) imposes a one-year presumption: if the title assignment occurred within one year before the decedent’s date of death, the transfer alone is inadequate to prove a valid gift. In such cases, the transferee must present additional documentation—such as a signed gift declaration or bill of sale—to establish the decedent’s intent.
- Confirm Intent to Gift or Sell. To rebut the one-year presumption, the transferee should supply clear evidence of the decedent’s intent at the time of transfer. Acceptable proof may include a written and signed gift affidavit, contemporaneous letters, or a notarized transfer agreement.
- Evaluate Possession and Control. Courts also consider whether the decedent retained possession, control, or use of the vehicle after the title assignment. Continued use of the vehicle by the decedent may indicate an incomplete gift, resulting in the vehicle being treated as estate property.
- Probate Court Determination. If questions persist, the probate court will conduct a hearing. Under Ohio law, the court examines all evidence—title records, affidavits, testimony, and conduct—to decide whether the transfer qualifies as a valid inter vivos gift or sale, or whether the vehicle remains part of the estate.
Helpful Hints
- Keep copies of all title assignments, gift affidavits, and bills of sale.
- Ask the BMV for a title history to confirm transfer dates.
- Document the decedent’s intent in writing at the time of transfer.
- Maintain a log of who had possession and use of the vehicle after transfer.
- Consult with an Ohio probate attorney early to prepare clear evidence of a valid gift.
- File any gift or sale documentation with the probate court if the transfer occurred within one year of death.