How to Retitle a Car After a Parent Dies — Mississippi FAQ
Disclaimer: This is general information, not legal advice. Consult an attorney or the appropriate county office about your specific situation.
Detailed answer — step-by-step overview under Mississippi law
When a parent dies, retitling a vehicle depends on how the vehicle was titled before death and whether the estate is being probated. Common paths are: (1) transfer to a surviving joint owner, (2) transfer by a trustee if the car was in a trust, (3) transfer by the personal representative (executor/administrator) during probate, or (4) transfer under a small-estate or affidavit procedure if available. Follow these steps to determine what you must do in Mississippi.
1. Confirm how the vehicle is titled
- If the car was held jointly with right of survivorship (joint owner listed on the title), the surviving joint owner usually can retitle by bringing the title and the decedent’s death certificate to the county tag office.
- If the vehicle is in a trust, the successor trustee should provide the trust documentation and death certificate to the county title office to retitle the vehicle in the trustee’s or beneficiary’s name.
- If the vehicle was owned solely by the decedent, transfer normally requires probate or a small-estate procedure and evidence that the person seeking title has legal authority to sign the title (for example, letters testamentary/administration issued by the chancery court).
2. If probate is required — get authority from the Chancery Court
If the title is solely in the decedent’s name and there is no survivorship or trust solution, the appointed personal representative (executor or administrator) must often be appointed by the Chancery Court and receive letters testamentary or letters of administration. The personal representative then signs the assignment on the face of the title and provides the required paperwork to the county tag office to obtain a new title.
See information about Mississippi Chancery Courts and probate procedures at the Mississippi Judiciary website: https://courts.ms.gov/.
3. Small‑estate or affidavit transfers
Mississippi provides procedures that may permit heirs to collect certain personal property without full probate when the estate is small. Whether you can use a small-estate affidavit (or similar simplified procedure) and how to complete it depends on the value of the estate and local practice. Check with the chancery clerk in the county where the decedent lived for the exact forms, limits, and process.
4. Required documents to retitle a car in Mississippi (typical list)
- Original vehicle title signed by the person authorized to transfer ownership (surviving joint owner, successor trustee, or personal representative).
- Certified copy of the decedent’s death certificate.
- Letters testamentary or letters of administration issued by the Chancery Court (if the estate was opened and a representative appointed).
- Small-estate affidavit or other affidavit permitted by the county (if applicable).
- Trust documents or certificate of trust (if the vehicle is held in a trust).
- Odometer disclosure (if required by federal/state rules for the vehicle’s age).
- Completed Mississippi title application form — available from the Mississippi Department of Revenue or your county tag office.
- Photo ID of the person applying, lien release if the vehicle had a lien, and payment for title and transfer fees and any taxes.
For vehicle titling rules and forms, see the Mississippi Department of Revenue’s vehicle titling pages: https://www.dor.ms.gov/. Your county tax collector/tag office handles the final title issuance—contact them for local requirements.
5. Practical steps to take right away
- Locate the vehicle’s current title and any loan or lien information.
- Order several certified copies of the death certificate from the county where your parent died.
- Check the title for joint owner language, beneficiary designation, or trust language.
- Contact the county tag office and the chancery clerk’s office where your parent lived to confirm which documents they require.
- If probate appears necessary, meet with the Chancery Court to open the estate or consult an attorney for help filing for letters testamentary/administration.
- If the vehicle has a lien, contact the lienholder to learn how to obtain a payoff or lien release before retitling.
6. When you need an attorney
Consider speaking with a probate or estate attorney if the estate is contested, the vehicle’s ownership is unclear, multiple heirs disagree, there are creditors or outstanding loans, or if you’re unsure whether a small‑estate procedure applies. An attorney can help you open probate, prepare affidavits, or advise about tax or liability issues.
Helpful hints
- Always get multiple certified death certificates; title offices and other agencies often require originals.
- Call your county tag office before you go — some offices require appointments or special forms.
- Keep copies of all documents you submit and record dates you file paperwork with the court or tag office.
- If the title shows a surviving joint owner, bring that person and their ID to make the transfer quicker.
- If a lien appears on the title, obtain a lien release from the lender before attempting to retitle.
- Look for a transfer tax or fee exemption for transfers due to death; county offices can tell you whether it applies.
- If the car was registered in another state, follow that state’s rules for title transfer as well as Mississippi requirements if you will register the vehicle here.
- When in doubt, contact the Mississippi Department of Revenue or your county tag office and the chancery clerk for authoritative local guidance.