Connecticut: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Original Title Is Missing | Connecticut Probate | FastCounsel
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Connecticut: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Original Title Is Missing

Short answer

If a parent who owned a vehicle dies and you do not have the original paper title, the usual options in Connecticut are: (1) ask the Connecticut DMV for a duplicate title, or (2) transfer ownership using the small‑estate affidavit (if the estate qualifies) or probate documentation (if it does not). You will need a certified death certificate, ID, and paperwork showing the new owner and the chain of title. If the estate is a “small estate” you may be able to complete the transfer without formal probate using the affidavit allowed under Conn. Gen. Stat. §45a‑321. For DMV rules and forms, contact the Connecticut Department of Motor Vehicles.

Detailed answer — step‑by‑step (what to do and what to expect)

1) Identify how the vehicle is titled

Find any documentation that shows the vehicle owner(s). Common situations are:

  • The vehicle was titled solely in the decedent’s name (most common).
  • It was jointly titled with a right of survivorship (in which case the surviving joint owner automatically owns the car).
  • There is a lienholder named on the title.

If the surviving parent was a joint owner with survivorship, the transfer is usually administrative: the DMV will update its records when you present a death certificate and identification. If the title was solely in the decedent’s name, continue with the steps below.

2) Gather required documents

Typical documents the Connecticut DMV and probate system will ask for:

  • Certified copy of the decedent’s death certificate.
  • Photo ID for the person taking ownership (the surviving parent).
  • Vehicle registration and any available proof of ownership (insurance card, prior registration).
  • Evidence of liens, if any (loan paperwork or payoff letter).
  • A signed bill of sale or transfer document executed by the person authorized to transfer title (executor, administrator, or person claiming under a small‑estate affidavit).
  • Odometer disclosure (if required by the DMV for the vehicle’s age/mileage).

3) Decide whether you can use the small‑estate affidavit or must use probate

Connecticut law provides a simplified way to collect certain personal property from a decedent’s estate without formal probate. If the estate qualifies, an affidavit under the small‑estate statute lets certain relatives collect and transfer personal property (including vehicles) up to the statutory monetary limit. That statute is Conn. Gen. Stat. §45a‑321; you can review the text here: Conn. Gen. Stat. §45a‑321.

Key points:

  • The small‑estate affidavit is limited to estates under the statutory dollar threshold and has rules about who may use it and in what order (spouse, child, etc.).
  • If the estate exceeds the threshold, has real property, or there is a dispute among heirs or creditors, you will likely need to open probate and obtain letters testamentary or appointment as administrator.

4) If using the small‑estate affidavit: complete and present it to the DMV or to the person holding the title

The Connecticut probate courts provide the affidavit form and instructions. The probate affidavit typically must be sworn, include an inventory and value of personal property, and be supported by a certified death certificate. A commonly used form is the Affidavit for Collection of Personal Property under the small‑estate statute; the Judicial Branch provides forms and information (check with your local probate court or the Judicial Branch website for the correct form and instructions): Connecticut Judicial Branch – Probate. Once completed and notarized, present the affidavit and other required documents to the DMV to request title transfer into the surviving parent’s name.

5) If you cannot use the small‑estate affidavit: open probate or get letters of administration

If the estate is large, contested, or includes real property, the executor or an administrator will need letters from the probate court. The person with letters testamentary or letters of administration can sign title transfer paperwork and get a new title issued by the DMV. For probate steps and forms, contact your local Connecticut probate court or the Judicial Branch website: https://www.jud.ct.gov/.

6) Apply for a duplicate title if the original title is simply lost

If the decedent actually signed a transfer or you otherwise have legal authority to transfer but the physical title is lost, you can request a duplicate title from the Connecticut DMV before or while you do the estate paperwork. The DMV maintains procedures and forms for replacing a lost title; start at the Connecticut DMV title page: Connecticut DMV. The DMV will tell you which forms and fees apply and whether the probate or small‑estate affidavit must accompany your duplicate title application.

7) Complete DMV title transfer and pay fees

Whether using a duplicate title or transferring directly under the small‑estate affidavit or letters from probate, you will submit the required title application forms to the DMV, pay transfer and title fees, and possibly pay applicable sales or use taxes unless an exemption applies. The DMV will issue a new title in the surviving parent’s name.

8) Watch for liens and creditor claims

If the vehicle has a lien, the lienholder must be satisfied or release its interest before a clear title is issued. Also, creditors of the decedent may have claims against the estate; using the small‑estate procedure does not eliminate valid creditor claims — it simply provides a limited, expedited way to collect personal property under statute.

9) When to consult an attorney

Talk with an attorney experienced in Connecticut probate and estate transfers if any of these apply:

  • Heirs disagree about ownership or distribution.
  • There are liens, outstanding loans, or complex debts.
  • The estate may exceed the small‑estate threshold or includes real property.
  • You cannot get the DMV to accept your documentation or the title transfer is blocked.

Useful official resources

Helpful hints

  • Get several certified copies of the death certificate early — multiple agencies will ask for them.
  • Call your local probate court and the Connecticut DMV before you go in. Ask exactly which forms they require in your situation.
  • If the surviving parent is listed as a joint owner with right of survivorship, bring proof of that status (old title or registration) and a death certificate — the DMV may be able to complete the transfer quickly.
  • If you expect to use the small‑estate affidavit, verify the statutory dollar limit and the order of priority for who may use the affidavit. These rules determine whether the surviving parent can act alone.
  • If a lien exists, get a payoff statement from the lender and confirm the lienholder’s procedures for releasing the lien when ownership transfers.
  • If the original title is lost but the estate qualifies to transfer, you may not need a probate proceeding — however, the DMV often wants a notarized affidavit or proof of authority to transfer.
  • Keep copies of everything you file with the DMV and probate court in case questions arise later.

Disclaimer: This article is for general informational purposes only and is not legal advice. It explains common Connecticut procedures but cannot address every fact pattern. For advice about a specific situation, contact a Connecticut attorney or your local 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.