FAQ: How do I retitle my parent’s car in Massachusetts?

Short answer: The exact steps depend on how the vehicle was titled (sole owner, joint owner, or held in a trust) and whether the estate must be probated. In many cases you will need the vehicle title, a certified death certificate, and either a signed assignment on the old title or Letters Testamentary/Letters of Administration from the Probate Court before the Massachusetts Registry of Motor Vehicles (RMV) will issue a new title in the beneficiary’s or administrator’s name. This article explains the common paths and documents you will likely need under Massachusetts law.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For legal advice about a specific situation, consult a Massachusetts probate or estate attorney.

Detailed answer — step-by-step guidance

1. Identify how the vehicle is owned

• Joint owner with right of survivorship: If the title lists the deceased and another person as joint owners with survivorship, the vehicle usually passes directly to the surviving owner. The RMV will require the original title (with the assignment or release section completed if applicable), the certified death certificate, and the surviving owner’s ID.
• Held in a trust: If the vehicle is owned by a trust, the successor trustee can assign title under the trust terms. Bring the trust documentation and any RMV-required trustee certification.
• Solely in the deceased’s name: If the deceased was the sole owner, you will need either probate documents (Letters Testamentary or Letters of Administration) authorizing a personal representative to transfer property, or you may be able to use a small-estate transfer process if the estate qualifies.

2. Determine whether probate is required

Under Massachusetts probate law (the Uniform Probate Code, Massachusetts General Laws Chapter 190B), personal property titled in the decedent’s name often must pass through probate if the estate holds significant assets or if someone challenges distribution. See Mass. Gen. Laws ch. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

If the estate is small or the decedent left specific directions, there may be streamlined procedures that let heirs collect personal property without full administration. Contact the local Probate and Family Court or an estate attorney to learn whether you qualify for an informal or small-estate procedure in Massachusetts: https://www.mass.gov/orgs/probate-and-family-court.

3. Gather documents the RMV will require

Typical documents the MA RMV asks for when transferring a title after death include:

• The existing vehicle title (the front and the signed assignment area on the back, if applicable).
• A certified copy of the death certificate. You can obtain copies through the Registry of Vital Records and Statistics: https://www.mass.gov/how-to/get-a-copy-of-a-death-certificate.
• Letters Testamentary or Letters of Administration if the estate is in probate. These documents come from the Probate and Family Court and authorize the personal representative to handle estate property.
• If the estate is not opened in probate, an affidavit or other small-estate paperwork if applicable (check with RMV and Probate Court).
• Identification for the person receiving the title (driver’s license or other ID).
• Any lien release if the vehicle had a lien.
• Odometer disclosure or other RMV forms, and payment for title/registration fees and any applicable taxes (the RMV can explain exceptions for transfers by reason of death).

4. Visit the Massachusetts RMV or use their guidance

The RMV processes title changes. Review RMV guidance on transfers and the specific forms required online before you go: https://www.mass.gov/how-to/transfer-a-vehicle-title-in-massachusetts and the RMV main site: https://www.mass.gov/orgs/massachusetts-registry-of-motor-vehicles.

5. If probate is needed — open a probate case or ask the court for authority

If the vehicle is part of an estate that requires probate, the personal representative (executor or administrator) named by the will or appointed by the court must use their letters to sign over or transfer the vehicle. Typical actions:

• Open a probate case in the Probate and Family Court in the county where the decedent lived.
• Get Letters Testamentary (if there is a will) or Letters of Administration (if intestate).
• Use those letters and the death certificate to complete RMV title transfer steps.

6. Small estates and transfers without full administration

Massachusetts law provides ways to transfer certain personal property without full administration in limited circumstances. If you believe the estate qualifies as a small estate or if the decedent left specific, dated transfer instructions, contact the Probate Court or an attorney to confirm the correct affidavit or procedure to present to the RMV. For probate law reference see Mass. Gen. Laws ch. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

7. Complete the RMV forms and pay fees

Complete the RMV title application and any required affidavits. Pay title, registration, and sales/use tax if applicable. In some transfers due to death, sales tax may not apply; confirm with the RMV.

8. Special situations

• Surviving spouse: Spousal transfers often have streamlined options, but documentation still matters.
• Multiple heirs: If more than one person inherits, the estate’s representative must distribute the vehicle according to the will or court order.
• Outstanding loan or lien: You will need a lien release from the lender before the RMV will issue a clear title.

Relevant Massachusetts statutes and resources

• Massachusetts Uniform Probate Code — Mass. Gen. Laws Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
• Massachusetts General Laws Chapter 90 (Motor Vehicles): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90.
• Massachusetts Registry of Motor Vehicles — transfer and title information: https://www.mass.gov/how-to/transfer-a-vehicle-title-in-massachusetts.
• Probate and Family Court information and locations: https://www.mass.gov/orgs/probate-and-family-court.

Helpful Hints

• Start by locating the vehicle title, the decedent’s will or trust documents, and copies of the death certificate.
• Call or check the RMV website before you go. RMV staff can confirm the exact forms and documentation needed for your situation.
• If the title lists a joint owner, bring proof of their identity and the certified death certificate — this is often the fastest path.
• If the car is subject to a loan, contact the lender early to get payoff information and a lien release.
• When in doubt, contact the local Probate and Family Court or consult a probate attorney to determine whether you need Letters to transfer the vehicle.
• Keep certified copies of court documents and death certificates. RMV and other agencies usually require certified copies, not photocopies.
• Be prepared to pay title, registration, and possibly use/sales taxes. Ask about exemptions for transfers caused by death.
• Document every step: keep copies of assignments, affidavits, and communications with RMV and lenders.

When to get an attorney

Consider hiring a Massachusetts probate or estate attorney if:

• The estate is contested.
• Multiple heirs dispute distribution of the vehicle.
• Property values or creditor claims make probate complex.
• You need help using a small-estate procedure or preparing court filings to get authority to transfer the vehicle.

For specific, binding legal advice about your situation, consult a licensed Massachusetts probate attorney.