How to retitle a car after a parent’s death in Louisiana — FAQ

Short answer: The exact steps depend on how the vehicle was titled and the size of the estate. Typical steps include locating the title and any lien documents, obtaining an official death certificate, proving your right to the vehicle (via surviving co-owner title language, a small‑succession affidavit, or a court succession), and submitting those documents with an OMV title application and fee to the Louisiana Office of Motor Vehicles (OMV). This article explains common scenarios and the documents you’ll likely need.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For help that applies to your exact situation, consult a Louisiana attorney or the parish clerk of court.

Detailed answer — step‑by‑step guide

Step 1 — Find the title and check for liens

Locate the vehicle’s certificate of title. Check whether a bank or lender holds a lien. If a lien exists, contact the lender to learn what is required to release the lien (lien release letter or payoff). If there is no title but the vehicle is registered, the OMV can advise on replacing the title.

Step 2 — Obtain an official death certificate

You will need an official certified copy of the decedent’s death certificate (multiple copies are often required by the OMV and by banks).

Step 3 — Determine how the vehicle is transferred under the facts

Louisiana has several common paths to transfer title after death. Which path applies depends on facts such as whether the decedent left a will (testate) or not (intestate), whether the vehicle had a co‑owner named on the title, and the overall value of the estate.

• Joint owner listed on title (survivorship): If the vehicle title names another person as a co‑owner and that form of ownership gives the co‑owner the right of survivorship, the surviving co‑owner may be able to have the title reissued in their name by presenting the original title, the certified death certificate, and ID to the OMV.
• Small succession (no formal probate required): If the decedent’s entire estate qualifies as a small succession under Louisiana law (small succession procedures exist when estate value is under the statutory threshold), heirs can usually transfer motor vehicles by filing a Small Succession Affidavit (or similar affidavit) instead of opening a full succession. Rules and thresholds change over time; check the parish clerk of court or an attorney to confirm eligibility.
• Opened succession (court probate): If the estate is larger, there is a will that must be probated, or multiple claimants contest ownership, a formal succession (probate) will be necessary. The succession judgment or court order naming the heir(s) or testamentary executor/administrator will be used to retitle the vehicle.

Step 4 — Gather the documents required by OMV

Typical documents OMV asks for when retitling a vehicle after an owner’s death include:

• Original certificate of title (if available).
• Certified copy of the death certificate.
• Government ID for the person applying (driver’s license, state ID).
• Proof of right to claim the vehicle: this could be a small succession affidavit, certified copy of the final succession judgment (court order) showing transfer to the heir, an affidavit of heirship, or documentation demonstrating surviving co‑owner rights.
• Lien release, if applicable.
• Completed OMV title application form and payment of title/transfer fees and any applicable taxes. The OMV or your parish tag office will list current fees.

Step 5 — Submit paperwork and pay fees

Take the documents to your local OMV office or parish tag office. In many cases you can start the process online through Louisiana’s OMV portal but must finish in person if court documents or certified death certificates are required. Expect to pay title transfer fees, sales or transfer tax (if applicable), and any administrative fees.

Step 6 — If there are problems, escalate

If the OMV rejects your documents, or if multiple people claim the vehicle, you will likely need to open a formal succession (probate) in parish court so the court can sign an order directing title transfer. Similarly, if the decedent’s title is missing or fraudulent, an attorney can help obtain a court order or constructive title.

Common scenarios with required documents

1) Vehicle titled solely in parent’s name and estate is small

Likely documents: certified death certificate, original title, Small Succession Affidavit signed by successors (with notarization), OMV title application, ID, and fee. Check parish clerk for the small succession value threshold and form requirements.

2) Vehicle titled jointly with right of survivorship

Likely documents: certified death certificate plus the original title (showing joint owner), ID of surviving joint owner, OMV title application and fee. If the title wording does not make survivorship clear, you may need a court order.

3) Vehicle subject to a lien

Likely documents: title, death certificate, lien release or payoff letter from the lender, and OMV forms. The lender’s payoff or release is required to clear the lien before a new title issues.

4) Disputed ownership or missing title

If heirs disagree or the title is lost, obtain legal help. You may need to open a succession and obtain a court judgment ordering the clerk to issue letters of administration or testamentary, which the OMV will accept as proof of ownership.

Timing, costs, and practical expectations

• Small successions and straightforward joint‑owner transfers often complete in a few days to a few weeks (depending on OMV backlog and whether court documents are required).
• Formal successions can take several months if assets are complex or contested.
• Expect title fees, transfer taxes, and possible court costs. Lenders will require payoff of any outstanding loan before a lien release is issued.

Where to go for forms and official rules

• Louisiana Office of Motor Vehicles (OMV) — for title application forms, fee schedules, and specific instructions about transferring title after a death: https://www.expresslane.org/omv
• Parish Clerk of Court — for small succession forms, filing procedures, or to open a formal succession in the parish where the decedent lived.
• Louisiana Legislature — for statutory law on successions and other probate rules: https://legis.la.gov/ (use the site to search the Civil Code and Code of Civil Procedure sections on successions).

Helpful hints

• Start by locating the original title and any lender statements — those two items often determine the entire process.
• Order several certified copies of the death certificate at once; many agencies require one each.
• If the title name includes another person “or” the decedent (e.g., “John or Jane Doe”), that often allows either person to transfer without probate. If it is “and” or the title wording is unclear, check with OMV or an attorney.
• For small estates, visit the parish clerk of court’s website or office. Many parishes provide a small succession affidavit packet and will confirm the current dollar threshold and requirements.
• Keep clear records: notarized affidavits, release letters, and court orders are commonly required and are easiest to present when organized.
• If multiple heirs exist, get agreements in writing (signed and notarized) to avoid disputes and possible litigation.
• When in doubt, a short consult with a Louisiana succession or probate attorney can save time and money compared with a protracted court fight later.

When to hire an attorney

Consider hiring a Louisiana attorney if any of the following apply: there is a dispute among heirs; the estate holds significant assets or complicated property; liens, creditors, or unpaid taxes complicate transfer; or you are unsure whether the estate qualifies as a small succession. An attorney can help prepare and file succession paperwork and represent you in court if needed.