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Detailed Answer

When a person dies, you must determine if a vehicle titled in the decedent’s name is estate property. This depends on how the title was held, the value of the estate, and whether you qualify for a summary proceeding under South Carolina law.

1. Review the Vehicle’s Title Status

If the decedent owned the vehicle solely, it becomes part of the probate estate. If a joint owner held it with rights of survivorship, the survivor takes full ownership without probate. South Carolina does not permit transfer-on-death (TOD) designations for motor vehicles.

2. Assess Eligibility for Small Estate Affidavit

South Carolina law allows personal representatives or heirs to use a Small Estate Affidavit for estates with personal property valued under $25,000, excluding real estate. This affidavit covers vehicles. See SC Code A7A762-3-701 and SC Code A7A762-3-903. You will need:

• A certified death certificate
• An affidavit stating that no formal probate is pending and assets do not exceed the threshold
• SCDMV Form MV-018B (Affidavit for Disbursement of Personal Property)

3. Full Probate Administration

If the estate’s personal property exceeds $25,000 or involves complex assets, open a probate proceeding. The court appoints a personal representative under SC Code A7A762-3-501. The representative inventories assets, including vehicles, and gains authority to transfer the title.

4. Transferring Title with SCDMV

To retitle the vehicle, present the following at your local SCDMV office:

• The vehicle’s title signed by the personal representative or heir
• A certified death certificate
• Letters testamentary or small estate affidavit
• Completed Application for Certificate of Title (Form 400)
• Proof of insurance and payment for fees

Helpful Hints

• Verify the estate’s total personal property value before choosing the small estate affidavit.
• Confirm joint ownership documentation to avoid unnecessary probate.
• Keep copies of all court filings and DMV forms for your records.
• Consult the SCDMV website for any fee updates or form revisions.
• Consider hiring a probate attorney if the estate has debts, real property, or disputes among heirs.

Disclaimer: This blog post is for informational purposes and does not constitute legal advice. Always consult a qualified attorney regarding specific legal issues.