Indiana: How to Retitle a Deceased Parent's Vehicle | Indiana Probate | FastCounsel
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Indiana: How to Retitle a Deceased Parent's Vehicle

August 13, 2025 6 min read

Overview

If your parent owned a car in Indiana and has died, you will need to retitle the vehicle so ownership is legally transferred. The exact steps depend on how the vehicle was titled (sole owner, joint owner, or with a transfer-on-death designation) and whether the decedent’s estate must go through probate. This article explains common scenarios, the documents you will likely need, the steps to follow in Indiana, and where to find official forms and statute guidance.

Key legal authorities and official resources

Typical scenarios and required steps

1) Vehicle had a surviving co-owner listed on the title

If the title lists a co-owner (for example, “John Doe and Jane Doe”) and the co-owner survives, ownership generally passes to the surviving co-owner immediately. Take the original title (or a copy if required by BMV), a certified copy of the death certificate, and your government ID to the BMV to update the title/registration as needed.

2) Vehicle had a Transfer-on-Death (TOD) or beneficiary designation

If the title included a transfer-on-death beneficiary designation, that beneficiary can claim the vehicle by presenting the required documents (usually the death certificate, the original title, and ID) to the BMV and completing the title transfer paperwork. Check the BMV for the specific form and steps.

3) Vehicle was titled solely in the decedent’s name and the estate is small (non‑probate options)

Indiana provides simplified procedures for small estates for certain personal property. If the estate qualifies under Indiana’s small estate rules, an heir may be able to obtain possession of the vehicle using an affidavit or similar small‑estate collection document instead of a full probate administration. Whether the vehicle qualifies and the documentation required depends on the statutory thresholds and the specifics of other estate assets. See Indiana probate self-help resources for details and forms: https://www.in.gov/courts/self-help/probate/.

4) Vehicle is a probate asset (sole owner and estate not small)

If the vehicle must be transferred through probate, the personal representative (executor/administrator) appointed by the probate court signs the title assignment, and the personal representative presents the court’s Letters Testamentary or Letters of Administration to the BMV to retitle the vehicle in the estate’s name or directly to the beneficiary once distribution is authorized by the court. The probate process follows rules in Indiana Code Title 29; see the courts’ probate pages for forms and local procedures: https://www.in.gov/courts/self-help/probate/ and the statutes at https://iga.in.gov/legislative/laws/2024/ic/titles/029.

Documents you will likely need

  • Certified copy of the death certificate (multiple certified copies are helpful).
  • The current vehicle title (original preferred). If lost, the BMV has procedures to obtain a duplicate title.
  • Driver’s license or other government-issued photo ID for the person doing the transfer.
  • If the vehicle had a lien, a signed lien release from the lender or documentation showing the lien has been satisfied.
  • If probate is required: Letters Testamentary or Letters of Administration issued by the probate court.
  • If small-estate affidavit is used: the completed affidavit signed before a notary and any required supporting documentation.
  • Completed BMV title transfer forms and odometer disclosure if required by federal/state law.
  • Payment for title transfer fees and any applicable taxes.

Step-by-step practical checklist

  1. Locate the title, registration, insurance information, and any lien paperwork.
  2. Obtain a certified copy of the death certificate from the vital records office (you will likely need more than one certified copy).
  3. Check the title for co-owners, beneficiary/TOD designation, or lienholders.
  4. Determine whether the estate qualifies for small estate procedures or requires probate: consult the probate self-help pages or a probate court clerk (https://www.in.gov/courts/self-help/probate/).
  5. If probate is required, file for appointment as personal representative (or confirm that one has been appointed). If probate is not required, prepare the small-estate affidavit if eligible.
  6. Visit the BMV (or follow its online instructions) with required documents: title, death certificate, ID, court letters or affidavit, lien release (if applicable), and payment for fees. BMV resources: https://www.in.gov/bmv/.
  7. Complete the title transfer to the new owner’s name and update registration and insurance.

Timing, fees, and practical considerations

There is no universal single deadline to retitle a vehicle after a death, but you should act promptly to ensure the vehicle remains insured and properly registered. Title transfer fees, processing fees, and any outstanding taxes or liens must be addressed. The BMV charges title and registration fees; check current fee schedules on the BMV site.

If the vehicle is financed, contact the lienholder early — the lender will usually remain on the title until the lien is satisfied or released. Do not drive uninsured. If you intend to sell the vehicle, make sure the title is cleared and in your name before transfer to a buyer.

When to get professional help

Consider speaking with a probate attorney if the estate is large, contested, complicated by creditor claims, or if multiple heirs disagree about distribution. You can also ask the probate court clerk for guidance about local procedures and forms; however, court staff cannot give legal advice.

Helpful Hints

  • Order several certified death certificates; many agencies require originals.
  • Check the exact name formatting on the title and other legal documents to avoid mismatches.
  • If the original title is lost, request a duplicate title from the BMV before attempting transfer.
  • Keep careful records of all communications with lienholders, BMV staff, and other heirs.
  • Ask the BMV which specific forms you need to complete the transfer — some steps vary depending on the county and the vehicle’s circumstances.
  • If multiple heirs are involved, get written agreements before transferring the vehicle to avoid later disputes.
  • Do not sign probate or estate documents under pressure; request time to get legal advice if uncertain.

Where to find forms and official instructions

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Indiana attorney or contact the probate court in the county where your parent lived.

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.