Detailed answer — step‑by‑step for Kansas

This guide assumes you start with no legal knowledge. It summarizes the usual path for transferring a motor vehicle titled in a deceased parent’s name to the other parent (surviving spouse) when you do not have the original title. Rules can vary by county and by specific facts, so use this as a practical roadmap and contact the Kansas Division of Vehicles or the county treasurer if anything is unclear.

1) Confirm the title and any liens

First, determine how the vehicle is titled. Check the vehicle registration, any loan paperwork, or the decedent’s records. If the vehicle had a lien (a loan), the lender’s release or payoff will be required before a clear title can issue. If the car was titled jointly with rights of survivorship, the surviving spouse may already own the vehicle and might only need to present the death certificate to the Division of Vehicles or county office.

2) Obtain a certified death certificate

Order one or more certified copies of the decedent’s death certificate from the Kansas Department of Health and Environment or the county register of vital statistics. Most title transfer offices require an original certified death certificate (not a photocopy).

3) Decide whether probate is required

If the decedent left a valid will and the estate’s assets exceed what can be handled as a small estate, the personal representative (executor or administrator) will use probate authority (letters of administration or letters testamentary) to sign title transfer documents. If probate is open, take the county probate court’s letters to the title office. If probate is not open and the estate is small, Kansas procedures for small estates or affidavits often let a surviving spouse collect personal property without full probate.

4) Use the Kansas Division of Vehicles (county treasurer) processes

Because the original title is missing, you generally must do two things at the county motor vehicle office (often the county treasurer or a Division of Vehicles title office):

1. Apply for a duplicate title in the decedent’s name (or a special transfer if an affidavit option exists).
2. Complete the application to transfer title into the surviving spouse’s name (or have the personal representative do so if probate is open).

Bring to the office: a certified death certificate, your photo ID, the vehicle information (VIN, year, make, model), any loan payoff or lien release documents, and any probate documents (if applicable). You may also need to sign an odometer disclosure and a bill of sale or transfer statement.

5) If the estate is small, use the affidavit route if available

Kansas allows some small-estate procedures that let heirs collect personal property without full probate. If the vehicle’s value and the estate’s total assets meet the small-estate criteria and the surviving spouse is the sole or primary heir, the county title office may accept a sworn affidavit from the surviving spouse declaring ownership by succession and requesting transfer. If the county will accept an affidavit, it will typically still require a certified death certificate, identification, and an application for title.

6) If you must open probate or obtain letters

If the county title office requires a court-issued document (for example, because more than one heir exists or the estate is not clearly small), you will need to open probate in the Kansas probate court where the decedent lived. The personal representative will then use letters of administration or letters testamentary to sign the title transfer paperwork.

7) Pay fees and taxes

Expect to pay title transfer and registration fees. If the county finds that a transfer tax or sales tax or use tax applies, you must pay that as well. If the vehicle’s title shows a lien, satisfy or obtain a release from the lienholder before requesting a clear title.

8) If the original title surfaces later

If you obtain a duplicate title and later find the original, keep records showing how and when you obtained the duplicate. Present both documents to the title office if necessary to clear up any discrepancies.

Example (hypothetical, simplified)

Parent A dies and owned a 2010 sedan titled solely in Parent A’s name. Parent B (surviving spouse) wants the car. Parent B does not find the original title. Parent B gets certified death certificate copies, calls the county treasurer’s office, and learns the county will accept an affidavit for small estates. Parent B signs the required affidavit, completes the title application, pays the duplicate title and transfer fees, and receives a new title in Parent B’s name. If there had been a lien, Parent B would first contact the lender to obtain a payoff or lien release.

When to involve an attorney

• The heirs dispute who receives the vehicle or whether the surviving spouse is the sole heir.
• There is a missing or unknown lienholder.
• The estate includes other significant assets that push the matter beyond a simple small-estate transfer.
• The county refuses to accept the affidavit or requires formal probate to transfer the title.

In those situations, an attorney experienced with Kansas probate and title issues can explain options, prepare an affidavit or petition, and represent the family in probate court.

Where to get official forms and local help

Contact your county treasurer’s motor vehicle/title office or the Kansas Division of Vehicles to confirm the exact documents and fees your county requires. Also contact the probate court clerk in the county where the decedent lived if you think probate may be necessary. These offices can confirm whether they accept an affidavit in lieu of probate and can provide the correct forms.

Helpful Hints

• Get multiple certified death certificates early; several agencies will ask for originals.
• Search thoroughly for the original title (safes, safe-deposit boxes, attorney files, lender documents). If found, transfers are easier.
• Call the county treasurer or title office before visiting. County procedures can differ.
• If a lien existed, obtain a written payoff statement or lien release from the lender before requesting a title change.
• Keep copies of every form and certified document you submit; note dates, names, and receipt numbers.
• If the county asks for probate paperwork, the probate court clerk can explain how to open a simple estate or obtain letters of administration.
• If an heir contests the transfer or if the estate is complex, consult a probate attorney early to avoid delays or disputes.