How to transfer a deceased parent’s vehicle title to the surviving parent in Minnesota when you don’t have the original title

Short answer: In Minnesota you can usually transfer a deceased owner’s vehicle to a surviving spouse without full probate using a combination of the Minnesota small‑estate/affidavit procedures and the Minnesota Driver and Vehicle Services (DVS) title procedures. You will need a certified death certificate, proof of the surviving spouse’s identity and relationship, the vehicle information (VIN, year, make, model), and one or more affidavits or DVS forms. If the original title is missing, you can apply for a duplicate title or transfer by affidavit depending on the circumstances. Contact DVS or a lawyer for specific help.

Detailed answer — step‑by‑step process (Minnesota)

This explains the typical path for a surviving spouse receiving a vehicle that belonged to a deceased spouse when the original title cannot be located. The exact path depends on how the vehicle was titled and the estate situation (presence of will, probate, small estate, liens).

1. Confirm how the vehicle was titled and whether there are liens

• Look for name(s) on registration, insurance, loan paperwork, bills of sale, or the vehicle’s prior title (if you have a copy). If the vehicle was titled jointly with rights of survivorship, the surviving joint owner may already have ownership by operation of law.
• If the vehicle had a lien (loan), contact the lienholder to learn their process for releasing the title after the owner’s death.

2. If you can find the original title

• Follow the instructions on the title for transferring ownership: generally the seller/owner (the decedent’s estate or the decedent, if they signed before death) must be shown as the transferor and the surviving spouse signs as transferee. DVS will accept the signed title plus a certified death certificate and other documents.

3. If the original title is missing — two common approaches

Option A — Apply for a duplicate title in the deceased owner’s name, then transfer:

1. Complete the Minnesota application for a duplicate title (available from Minnesota DVS). The application requires basic vehicle information (VIN, make, model) and a signature of the owner or an authorized person.
2. DVS will require proof of authority to act for the owner if you are not the named owner on file. For a deceased owner, that usually means providing probate paperwork or a small‑estate affidavit that gives you power to transfer personal property.
3. After DVS issues the duplicate title in the decedent’s name, complete a normal title transfer to the surviving spouse (seller signature, buyer information, odometer statement if required, fees).

Option B — Transfer the vehicle using an affidavit that replaces probate for small personal property (no duplicate title first):

1. Minnesota law provides simplified methods to collect personal property from a small estate without formal probate. If the estate qualifies, a surviving spouse or other heir can use a small‑estate affidavit or similar affidavit of heirship to show title to personal property (including vehicles) and request a title transfer from DVS.
2. Prepare a sworn affidavit stating facts: owner’s date of death, relationship of the surviving spouse, the vehicle description and VIN, and that the estate meets the small‑estate requirements (and that there is no personal representative appointed or that the estate is being handled under the small estate rules).
3. Bring that affidavit, a certified copy of the death certificate, proof of identity, and the DVS application to a DVS office or county motor vehicle agent. DVS will advise whether the affidavit and documentation are sufficient to transfer title directly to the surviving spouse.

4. What documents you will likely need

• Certified copy of the death certificate (issued by the state/county vital records office).
• Proof of surviving spouse identity (government photo ID).
• Proof of relationship (marriage certificate may help if names differ).
• Vehicle information: VIN, make, model, year, current registration, license plate (if available).
• DVS forms: application for title, odometer disclosure (if required), duplicate title application (if you pursue a duplicate) or DVS affidavit forms. See the DVS forms and instructions page.
• Small‑estate affidavit or affidavit of heirship (a sworn statement describing the transfer and affirming the estate qualifies for simplified procedures).
• Any lien release from the lender if there was a loan on the vehicle.

5. Fees, taxes, and registration

• Expect title fees and possibly registration fees when you re‑title the vehicle to the surviving spouse.
• Minnesota imposes motor vehicle sales tax on certain transfers; transfers by inheritance between spouses are often exempt but you should confirm with DVS or the county. Provide the affidavit and supporting documents to claim any exemption.

6. When probate or a personal representative is required

If the estate is not eligible for small‑estate procedures (for example, if it is large, contested, or there are multiple heirs with disputes), a probate administration and appointment of a personal representative may be necessary before DVS will transfer title. Probate rules in Minnesota are in the Minnesota probate statutes; see the Minnesota statutes on probate for details: Minnesota Statutes, Chapter 524 (Probate).

7. Contact points and resources

• Minnesota Driver and Vehicle Services (DVS) — vehicle titles and registration instructions and required forms: https://dps.mn.gov/divisions/dvs/Pages/default.aspx.
• Minnesota consolidated statutes — probate (Chapter 524): https://www.revisor.mn.gov/statutes/cite/524.
• If you need step‑by‑step legal help or there are disputes, consult a Minnesota probate or estate attorney. If you cannot afford one, look for legal aid or low‑cost clinics in your area.

Helpful hints

• Start with DVS: before preparing affidavits, call or visit a DVS office or county motor vehicle agent and explain that the owner died and the original title is missing. They can tell you which form path will work for your facts.
• Obtain several certified death certificates — agencies and the DMV often require originals or certified copies.
• If the vehicle shows as jointly owned on registration or insurance, bring those documents — they may simplify the transfer.
• If you suspect a lien, contact the lender. A title won’t transfer cleanly until the lien is released.
• Keep clear records. If you use an affidavit of heirship or small‑estate affidavit, include supporting facts (who lived with whom, last residence, whether there is a will, value of personal property) to reduce later challenges.
• If anyone objects to the transfer or if heirs disagree, stop and get legal advice before transferring the vehicle to avoid possible liability.
• If the estate may exceed small‑estate limits or if the situation is complex, opening a simple probate case and appointing a personal representative may be the cleanest route to secure a marketable title.

Where to get forms: Minnesota DVS provides title, registration, and duplicate title applications on its website and at local deputy registrars. For small‑estate affidavits or probate forms, check the Minnesota statutes and local county probate court clerk.

Quick checklist before you go to DVS or the county office

1. Certified death certificate (multiple copies).
2. Photo ID for the surviving spouse.
3. Proof of relationship (marriage certificate) if names differ.
4. Vehicle details (VIN, make, model, year, registration if available).
5. Any paperwork showing a lien or loan payoff information.
6. Prepared affidavit (small‑estate affidavit or affidavit of heirship) if you plan to rely on it — DVS can confirm whether it’s acceptable.

Final note and disclaimer

This article explains common Minnesota procedures and points you to DVS and Minnesota probate law, but it is not a substitute for legal advice. Every situation has unique facts that affect the right steps. For legal advice tailored to your circumstances, contact a licensed Minnesota attorney or your local legal aid organization.

Not legal advice. For statutes and official procedures, see the Minnesota statutes and the Minnesota Department of Public Safety, Driver and Vehicle Services pages cited above.