How to Retitle a Car After a Parent Dies in Arkansas | Arkansas Probate | FastCounsel
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How to Retitle a Car After a Parent Dies in Arkansas

How to retitle a car from a deceased parent’s estate in Arkansas

This FAQ explains the common steps Arkansans take to retitle a motor vehicle after a parent dies. It uses plain language and hypothetical examples to help you prepare. This is educational information, not legal advice. Consult a lawyer or the local probate court for guidance specific to your case.

Short answer

Which steps you must take depends on how the car is currently titled and whether the parent’s estate goes through probate. Typical steps are: (1) locate the title and the death certificate, (2) determine whether joint ownership or a transfer-on-death designation applies, (3) if probate is required, obtain letters testamentary or letters of administration from the probate court, and (4) take the required documents to the Arkansas Department of Finance and Administration (DFA) county office to have the title retitled into the estate or into the new owner’s name.

Detailed answer — step by step

1. Gather basic documents and facts

Start by collecting: the vehicle title (if you can find it), the original or certified copy of the parent’s death certificate, the parent’s will (if any), recent loan or lien information, and the parent’s driver’s license or ID. Also note whether the title lists more than one owner (for example, “John Doe and Jane Doe” or “John Doe or Jane Doe”).

2. Determine how the title transfers automatically, if at all

Look at the name format on the title:

  • If the title names a joint owner with right of survivorship (often shown as “or” or explicitly as a joint tenant), the surviving owner usually becomes the sole owner automatically and can retitle the vehicle at the county DFA office with the death certificate and the existing title.
  • If the title includes a transfer-on-death (TOD) or beneficiary designation, the named beneficiary may present the death certificate and the required DMV paperwork to retitle directly into their name.
  • If the vehicle is solely in the deceased parent’s name with no TOD or joint owner, the vehicle becomes estate property and typically must be transferred through the estate process (either small estate procedures or formal probate) before the title can be changed.

3. Decide whether you can use small‑estate procedures or must open probate

Arkansas law provides different procedures depending on the estate’s size and the property involved. Small estate procedures allow some personal property, including vehicles, to transfer to heirs or beneficiaries with an affidavit instead of full probate in some cases. Larger estates or contested matters usually require opening a probate case with the county probate court and appointment of a personal representative. For guidance about Arkansas probate law and to find the appropriate statute text, review the Arkansas Code (probate titles) at the Arkansas General Assembly website: https://www.arkleg.state.ar.us/. For court contacts, use the Arkansas Judiciary site: https://www.arcourts.gov/.

4. If probate is required: open the estate and get letters

If you must open probate, file the will (if any) and a petition with the county probate court where the decedent lived. The court can appoint a personal representative (executor or administrator) and issue letters testamentary or letters of administration. The personal representative can sign the title transfer documents or provide a certified court order directing the title transfer. The probate court clerk can tell you what filings and notices are required locally.

5. Retitle the vehicle at the DFA (county office)

Once you have the necessary legal authority (for example, the title showing a surviving joint owner; or letters from the probate court; or a valid small‑estate affidavit), go to your Arkansas DFA county tag office to complete the retitling. The DFA handles motor‑vehicle titles in Arkansas; start with the DFA motor vehicle pages for current forms and instructions: https://www.dfa.arkansas.gov/. Typical documents the DFA will require include:

  • The current title (signed by the party who is transferring ownership, if applicable).
  • A certified copy of the death certificate.
  • Letters testamentary, letters of administration, or an affidavit allowed under Arkansas small‑estate rules (when there is no joint owner or TOD).
  • Odometer disclosure or odometer reading if required by federal/state law (for vehicles under certain ages).
  • Proof of identity of the person taking title (photo ID).
  • Lien release if a lien existed on the vehicle.
  • Payment for title transfer fees, registration fees, and applicable sales or use tax (Arkansas DFA can confirm amounts and exemptions).

6. If the vehicle is estate property and you want to sell it

The personal representative may need court permission or follow probate accounting rules before selling estate property, depending on the will and local rules. After sale, the representative must account to heirs and pay valid debts and expenses. Keep detailed receipts and transfer records.

7. Special situations

  • Loan or lien on the vehicle: If the vehicle is financed, contact the lienholder. The lender typically must release the lien or provide payoff instructions before the title can issue in a new name.
  • Out-of-state title: If the vehicle has a title from another state, you may need that state’s documents plus Arkansas DFA forms to bring the title into Arkansas.
  • Disputes among heirs: If heirs disagree about ownership, the probate court resolves the dispute. Consider consulting an Arkansas probate attorney if contention arises.

Helpful hints

  • Start early: Probate and document gathering can take weeks to months. Begin as soon as possible to avoid delay in insurance and registration matters.
  • Call the local DFA county office before you go: requirements and fees can change and county clerks can confirm which documents you must bring. Arkansas DFA: https://www.dfa.arkansas.gov/.
  • Get certified copies of the death certificate from the county health department or vital records office — the DFA and the probate court will often require a certified copy rather than a photocopy.
  • If you find a title that is signed by the deceased, do not sign it for them. The proper transfer typically requires probate authority or an affidavit permitted by Arkansas law.
  • Keep clear records: maintain a file with the title, death certificate, probate filings, court letters, lien releases, sale receipts, and communications with county or DFA staff.
  • When in doubt, consult the probate court clerk or an Arkansas lawyer who handles probate and estate matters. A short consultation can clarify whether you qualify for small‑estate transfer or must open formal probate.

Disclaimer: This article explains general steps and common documents used in Arkansas to retitle a vehicle after a parent’s death. It is not legal advice and does not replace consultation with an attorney or the probate court. Laws and procedures change; verify requirements with the Arkansas Department of Finance and Administration and your county probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.