Detailed answer

When one spouse or parent dies and you want to transfer the decedent’s vehicle into the surviving spouse’s name but you do not have the original title, Arkansas provides administrative routes to complete the transfer without full probate in many cases. The common approaches are: (1) obtain a duplicate title in the decedent’s name and then transfer it to the surviving spouse; or (2) use a small‑estate transfer/affidavit procedure (if the situation and vehicle value qualify) to transfer ownership directly. Below are the typical steps, documents you’ll need, and issues to watch for under Arkansas procedure.

1) Confirm who has title and whether there is a lien

• Check any paperwork, insurance records, or mail for the original title. The title may be in a safe deposit box, with an attorney, or with the surviving spouse.
• Contact the Arkansas Department of Finance and Administration (DFA) — Motor Vehicle Division — to learn whether a lien is recorded on the vehicle. If there is a lien, the lienholder’s release will be required before transferring free title.

2) Get certified copies of the death certificate

Most title transfer options require a certified death certificate. Order several certified copies from the vital records office where the death was registered.

3) Option A — Apply for a duplicate title in the decedent’s name

If you can obtain a duplicate title, you can then sign the title over to the surviving spouse (the usual assignment on the title). Typical steps:

1. Complete a duplicate title application (available from the DFA or a local revenue office).
2. Provide a certified copy of the death certificate and acceptable identification for the person applying.
3. Provide any paperwork the DFA requests (proof of relationship, lien release if applicable, odometer disclosure if required).
4. Pay duplicate title and processing fees and taxes.

Once the DFA issues the duplicate title in the decedent’s name, the decedent’s personal representative or legal heir(s) will sign the title to transfer it to the surviving spouse, and the surviving spouse will apply for a new title and registration in their name.

4) Option B — Use a small‑estate affidavit or other affidavit‑based transfer

Arkansas provides affidavit procedures and simplified transfers in many non‑probate or small‑estate situations so ownership can pass without formal probate administration. If the estate qualifies under the state’s simplified transfer rules, you may be able to use an affidavit form to claim the vehicle and obtain title in the surviving spouse’s name.

Typical elements needed for an affidavit transfer include:

• A certified death certificate;
• A properly completed affidavit form signed by the person(s) entitled to inherit (for example, the surviving spouse);
• An affidavit or documentation that the estate is small or that no administration is required;
• Odometer statement, lien releases (if any), and other vehicle information such as VIN and year/make/model;
• Payment of title transfer fees and any applicable transfer taxes.

Contact the DFA or your county revenue office about the specific affidavit form and exact proof they require. The DFA can provide the correct form and filing instructions for an affidavit-based transfer in Arkansas.

5) If probate is required

If the estate does not qualify for a small‑estate procedure or there are disputes (multiple heirs, unresolved debts or liens), you may need to open a probate or estate administration. Once a personal representative is appointed by the probate court, the representative can obtain title or sign the vehicle transfer paperwork on behalf of the estate.

6) Practical checklist of steps to complete the transfer

1. Find or request certified death certificate(s).
2. Contact Arkansas DFA / local county revenue office for exact forms and to check for liens.
3. Decide whether to request a duplicate title or use the affidavit/small‑estate process based on DFA guidance and the estate situation.
4. Gather ID for the surviving spouse and any heirs, lien releases, and vehicle info (VIN, mileage).
5. Complete and sign the required form(s) and pay fees to the DFA or county office.
6. If probate is necessary, consult a probate attorney to get a personal representative appointed and complete transfer through the court process.

Where to get official forms and more information

Arkansas DFA (state motor vehicle/title authority) explains title procedures and provides forms and local revenue office contact information: https://www.dfa.arkansas.gov/

For statutes and to research Arkansas law on probate and transfers, search the Arkansas Code via the official legislature website: https://www.arkleg.state.ar.us/

Important cautions

• If the vehicle had a lien, don’t attempt a transfer without a formal lien release — the lender’s interest must be cleared.
• If multiple heirs claim the vehicle or if the will (if any) directs otherwise, do not sign unilateral affidavits that might later be contested. Consider probate or legal advice.
• Keep multiple certified death certificates: governments and title offices often require originals, and fees to re‑order can add up.

Helpful Hints

• Contact your county revenue office first — many title transactions are handled locally by county offices that can tell you the exact documents and forms they require.
• Ask the DFA or county office whether the vehicle qualifies for a small‑estate affidavit transfer; if so, request the specific affidavit form and instructions by name to avoid delays.
• Bring originals: certified death certificate, ID for the person receiving title, and any documents showing proof of ownership or lien satisfaction.
• If you cannot locate an original title, request a duplicate title before attempting a transfer unless told otherwise by DFA. A duplicate title clears up ownership records and simplifies transfer steps.
• If there is disagreement between heirs or any uncertainty about debts or liens, consult a probate attorney to avoid later disputes or liability for unpaid debts.
• Keep copies of everything you submit and get receipts for fees paid. Note dates of calls and the names of county or DFA staff you speak with.