Transferring vehicle ownership after an owner dies — Minnesota guide
Disclaimer
This article is for general informational purposes only and is not legal advice. Laws change and every situation is different. Consult a licensed Minnesota attorney or the Minnesota Driver and Vehicle Services (DVS) for guidance specific to your situation.
Detailed answer: how the process usually works in Minnesota
When a person who owns a vehicle dies, title and registration do not automatically transfer to heirs unless the title names a joint owner or a valid transfer-on-death (TOD) beneficiary. The correct steps depend on how the vehicle was titled and whether the estate is being administered by the court. Below is a plain-language, step-by-step explanation of the common paths and the documents you will likely need.
1) First steps (document search and preservation)
- Locate the vehicle title (the Certificate of Title). If you cannot find it, contact Minnesota DVS for guidance on replacement titles.
- Obtain a certified copy of the death certificate.
- Search for a will and other estate planning documents that mention the vehicle (including a TOD designation on the title, or joint ownership language).
- Keep the vehicle insured and secure. Do not sell or permanently dispose of the vehicle until you have legal authority to do so.
2) Is there a joint owner or a transfer-on-death (TOD) beneficiary?
If the vehicle title names a surviving joint owner with rights of survivorship, ownership typically passes directly to that joint owner — they should present the title, a copy of the death certificate, and their ID to DVS to update the title and registration.
If the owner properly completed a TOD (transfer-on-death) designation on the title, the named beneficiary can apply to transfer the title by showing the death certificate and completing DVS forms.
3) If the vehicle belongs only to the decedent (no joint owner or TOD)
Ownership of the vehicle becomes part of the decedent’s estate and must be transferred according to the estate process. There are two common paths:
- Small estate or affidavit-based transfer (if allowed): Minnesota law and DVS procedures allow limited transfers of personal property without full probate in some circumstances. Often that requires an affidavit from the heir or beneficiary, a certified death certificate, the vehicle title, and completion of DVS forms. Check with Minnesota DVS and the probate rules to see if your situation qualifies.
- Probate with a personal representative (executor or administrator): If the estate is being probated, the court typically issues Letters Testamentary or Letters of Administration that name the personal representative. The representative uses those letters to sign the certificate of title or a DVS application to transfer the vehicle into the estate or onto an heir’s name. If the vehicle has a lien, the lender must be involved and a lien release may be needed.
4) Documents commonly required by Minnesota Driver and Vehicle Services (DVS)
Depending on the path above, you will likely need some combination of the following:
- Original vehicle title (signed by the person with legal authority to sign).
- Certified copy of the death certificate.
- Letters testamentary or letters of administration from the probate court (if the estate is open and a personal representative was appointed).
- Affidavit of heirship or affidavit for collection of personal property (if using Minnesota procedures that permit transfer without full administration).
- Odometer disclosure statement, if required by federal/state rules for the vehicle’s age/mileage.
- Lien release from any secured creditor, or documentation showing the lienholder’s consent.
- Completed Minnesota title application forms and payment for title/registration fees and any applicable taxes.
- Photo ID for the person applying for the new title/registration.
5) Where to file and who to contact
Use Minnesota Driver and Vehicle Services (DVS) offices to submit title transfers. For probate paperwork and letters appointing a personal representative, contact the district court probate clerk in the county where the decedent lived. For statutory guidance on probate matters, see Minnesota’s probate statutes (Chapter 524) here: https://www.revisor.mn.gov/statutes/cite/524.
For rules on motor vehicles and titling generally, see Minnesota statutes for motor vehicles (Chapter 168): https://www.revisor.mn.gov/statutes/cite/168. For practical titling and DVS procedures, start at Minnesota DVS: https://dps.mn.gov/divisions/dvs/Pages/default.aspx.
6) When you should get legal help
Consider hiring a probate attorney if:
- The estate is contested or has multiple potential heirs.
- The vehicle is subject to a lien or commercial financing.
- There is no will and ownership is unclear.
- The estate must go through full probate because of complexity or size.
Helpful Hints
- Start by locating the title and a certified copy of the death certificate — these two items usually determine how fast you can move.
- If the title lists a joint owner or TOD beneficiary, transferring the vehicle is usually quick and avoids probate.
- Do not sell, donate, or abandon the vehicle until you have clear legal authority to transfer ownership.
- Keep records of all paperwork and communications with DVS, the probate court, and any lienholder.
- Check for lienholders: a lender’s lien must be satisfied or released before a clean title can be issued.
- If the estate is small, ask the county probate clerk or DVS whether an affidavit or other simplified procedure can be used — that can save time and court costs.
- Expect to pay title fees, registration fees, and any applicable transfer taxes; DVS or the county office can list current amounts.
- If you’re the personal representative, carry the court-issued letters when you go to DVS; staff will typically require them to accept your signature.
- When in doubt, call Minnesota DVS or a probate attorney — small facts (joint tenancy, TOD, liens) change the required process.