How to retitle a deceased parent’s car in Arizona — step-by-step FAQ
Short answer: Who can retitle your parent’s car and how you do it in Arizona depends on how the car was owned (solely, jointly, in a trust, or with a beneficiary designation) and whether the estate is being probated. In most cases you will need either a certified death certificate plus probate documents (letters testamentary/letters of administration) or an affidavit that qualifies under Arizona’s summary procedures, and then you will take those documents to the Arizona Motor Vehicle Division (MVD) to transfer title.
Disclaimer
This is general information, not legal advice. I am not a lawyer. For legal advice about your specific situation, contact a licensed attorney in Arizona or consult the probate court clerk.
Detailed answer — steps to retitle a deceased parent’s car in Arizona
1) Identify how the vehicle was owned
Start by locating the physical vehicle title, registration, and any related documents (loan or lien paperwork, insurance, and the parent’s estate planning documents). The applicable path depends on ownership:
- Joint owner with right of survivorship: If the title names a joint owner who has survivorship rights, the joint owner generally becomes the sole owner at death. The MVD will usually require the death certificate and the current title to retitle.
- Transfer-on-death (TOD) or beneficiary designation: Some states allow a beneficiary designation for vehicle titles. If a TOD/beneficiary appears on the title, the named beneficiary usually can transfer the title by presenting the death certificate and completing the MVD paperwork.
- Sole ownership (no joint owner or beneficiary): If the parent owned the vehicle alone, you will need either probate documents (to show who has authority from the court) or use Arizona’s non-probate collection procedures for personal property (if eligible).
- Vehicle held in a trust: If the car was titled in a living trust, the trustee can transfer title by providing trust documents and a certified death certificate, per the trust terms.
2) Determine whether probate is required
Arizona probate law governs whether you must open a formal probate estate to obtain authority to transfer the vehicle. If the estate will be administered through probate, the personal representative (executor or administrator) will receive letters testamentary or letters of administration from the probate court and can use those to retitle the vehicle. For an overview of Arizona’s probate statutes, see the Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.
3) Use a small-estate or affidavit process if eligible
Arizona offers simplified procedures to collect small amounts of personal property without full probate. If the vehicle and other personal property fall within the statutory limits for non-probate collection, you may use an affidavit or similar statement to transfer ownership. Check Title 14 for the specific summary or small estate procedures and thresholds: Arizona Revised Statutes, Title 14 (Probate). You can also ask the probate court clerk whether a summary or small estate affidavit will work for your case.
4) Gather required documents
Whether you are using probate documents, a small estate affidavit, or acting as a trustee or beneficiary, you will commonly need:
- A certified copy of the death certificate (obtained from the county vital records office).
- The signed title (if available) or an application for a duplicate title if the original is lost.
- Proof of your authority to transfer or receive the vehicle: one of the following as applicable — letters testamentary/administration from the probate court, a small-estate affidavit or affidavit of heirship if allowed, trust documents and trustee certification, or documentation showing a beneficiary/TOD or survivorship.
- Documents showing payoff or release of any lien if a lender held a security interest.
- Photo ID and proof of Arizona residency for the person applying for the retitle.
5) Visit the Arizona MVD to complete the transfer
After you have the documents above, complete the MVD’s title transfer process. The Arizona Department of Transportation Motor Vehicle Division (MVD) handles title and registration changes. See the MVD’s Title & Registration information for instructions and forms: https://azdot.gov/motor-vehicles/title-and-registration.
Bring originals and certified copies as requested. Pay the title transfer and registration fees. If the vehicle had a lien, the lienholder may need to release the lien or assign it to the new owner.
6) If the vehicle is part of the probate estate
If the estate is in formal probate, the personal representative must inventory the vehicle as estate property and follow the court’s directions for distribution. The court-issued letters give the representative authority to sign the title and transfer the vehicle to the person entitled under the will or by statute. For general probate procedures consult Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14.
7) Special situations
- Vehicle financed by a lender: Contact the lender. The loan normally must be paid or refinanced before the title can be transferred free and clear, or the lender must sign off on the transfer.
- Vehicle in a trust: If the car is trust property, the trustee signs the title or assigns it according to trust terms. You may need to show a certified copy of the trust or a trustee certification.
- No will (intestate): State intestacy rules determine who inherits the vehicle. The person entitled under Arizona intestacy law must demonstrate that right (often via probate or affidavit). See Title 14 for intestacy rules: A.R.S. Title 14.
Helpful Hints
- Collect the original title, insurance papers, and any lien documents before you visit the MVD — missing paperwork delays transfers.
- Obtain multiple certified copies of the death certificate early; agencies and banks often require originals.
- Call the MVD or check the ADOT website to confirm required documents and current fees before you go: ADOT Title & Registration.
- If your parent named a beneficiary or used transfer-on-death language on the title, the process is usually faster — look carefully at the title for that language.
- If the estate may require probate, contact the local probate court clerk to learn filing requirements and whether you need a lawyer. Probate rules and forms vary by county.
- If a lender holds a lien, contact the lender to request a payoff statement and instructions for releasing the lien after payoff or for assignment of the title.
- Keep a clear paper trail — copies of documents you submit, correspondence, receipts, and dates of MVD visits — in case questions arise later.
- When in doubt about ownership disputes, contested estates, or complex trust questions, consult an Arizona attorney who handles probate and estate matters.
Useful links:
- Arizona Revised Statutes — Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
- Arizona Revised Statutes — Title 28 (Transportation / motor vehicle law): https://www.azleg.gov/arsDetail/?title=28
- Arizona Department of Transportation, Motor Vehicle Division — Title & Registration: https://azdot.gov/motor-vehicles/title-and-registration
If you want, tell me whether the vehicle is titled jointly, in a trust, or solely in your parent’s name and whether a will exists. With that information I can list the likely documents you’ll need and the simplest path to retitle the vehicle in Arizona.