Quick answer
If a parent dies owning a vehicle in Missouri and you do not have the original paper title, the surviving spouse can usually obtain ownership through the Missouri Department of Revenue (DOR) by providing a certified death certificate and the required affidavits or small‑estate paperwork. If the estate must go through probate, the personal representative (executor/administrator) will use probate authority to transfer the title. The exact route depends on whether the vehicle is titled in the deceased parent’s name alone, held jointly, subject to a lien, or covered by a transfer‑on‑death designation.
Disclaimer
This article is educational only and not legal advice. For legal advice about your specific situation, consult a licensed Missouri attorney or your local probate court.
Detailed answer — step‑by‑step process under Missouri law
1. Confirm ownership facts
- Check whether the vehicle was titled solely in the deceased parent’s name, jointly with survivorship, or had a transfer‑on‑death (TOD) beneficiary. A jointly titled vehicle with right of survivorship typically passes automatically to the surviving joint owner and requires a simple title update.
- Check for any recorded lien on the vehicle. If a lien exists, you must address the lienholder before a clear title can issue.
2. Gather core documents
Typically you will need:
- Certified copy of the death certificate.
- Proof of the surviving spouse’s identity (driver’s license or ID).
- Any available paperwork showing ownership (registration, insurance card, vehicle bill of sale, loan paperwork, or copies of the original title if you find one).
3. Contact the Missouri Department of Revenue (DOR) for title options
If you cannot find the original title, the DOR generally offers these common paths:
- Duplicate title application: If the title was simply lost, you can apply to the DOR for a duplicate title in the decedent’s name before transferring ownership or in the surviving spouse’s name after proper affidavits are filed. Contact the DOR for the duplicate title process and forms.
- Title transfer after death using DOR procedures: The DOR permits transfer of a vehicle titled to a deceased owner when the surviving owner or a representative submits acceptable documentation (death certificate and required affidavits).
- Bonded title or court‑ordered title: If you cannot establish entitlement through standard DOR paperwork, you may need a court order (probate) or a bonded title if Missouri’s rules allow it for vehicles with missing title history.
Start here for DOR guidance: https://dor.mo.gov/motorv/
4. Small estate options (summary administration) vs full probate
Missouri provides statutory procedures governing administration of an estate. When the estate is sufficiently small or when the vehicle is personal property that qualifies for simplified transfer, a small‑estate procedure or affidavit may allow the surviving spouse to claim the vehicle without opening full probate. If the estate requires formal probate, the court‑appointed personal representative will have authority to transfer the car title.
See Missouri statutes on estate administration for details: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
5. Common forms and filings you will encounter
- Certified death certificate.
- DOR title application or duplicate title request (contact DOR for the correct forms and fees): https://dor.mo.gov/motorv/
- Affidavit of heirship or small‑estate affidavit (when allowed) or an affidavit the DOR accepts showing entitlement to the vehicle.
- If probate is required: Letters testamentary or letters of administration from the probate court that authorize the personal representative to act.
6. If a title was destroyed or never received
If the original paper title cannot be produced, the most common paths are:
- Apply for a duplicate title in the decedent’s name (prove death and identity). Once the duplicate issues, follow the standard transfer to the surviving spouse.
- If duplicate title is not possible, use the DOR’s affidavit process for transfer after death (DOR will specify the exact affidavit language and supporting documents required).
- If the DOR requires a court order, file for probate so the court can issue an order directing the DOR to transfer the title to the surviving spouse.
7. Pay fees, title tax, and satisfy liens
The surviving spouse or personal representative will pay any applicable title fees, transfer taxes, and satisfy outstanding liens. The DOR will provide the fee schedule and specific filing requirements.
8. When to involve the probate court or an attorney
Open probate or hire an attorney if:
- The estate contains other assets or debts that require administration.
- There is a dispute among heirs or uncertainty about who is entitled to the vehicle.
- The DOR will not accept an affidavit or duplicate title application without a court order.
Helpful hints
- Call or visit your local Missouri DOR motor vehicle office early. Staff can tell you the exact forms and fees for a duplicate title or a transfer after death: https://dor.mo.gov/motorv/
- Get multiple certified death certificates — agencies usually require originals and multiple agencies will each want a certified copy.
- Look for any title paperwork in safe deposit boxes, files, or with the bank that financed the vehicle (lenders often hold the title while a loan is outstanding).
- Check the vehicle registration for the title number; registration sometimes helps speed the DOR process.
- If the vehicle is jointly titled in the names of both parents with rights of survivorship, the surviving parent usually only needs to update the title and registration — still bring a death certificate.
- When in doubt, contact the county probate clerk or a Missouri probate attorney to confirm whether the estate falls within small‑estate rules or requires full probate. See Missouri probate statutes: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
Where to find official Missouri resources
- Missouri Department of Revenue — Motor Vehicle & Title information: https://dor.mo.gov/motorv/
- Missouri Revised Statutes — Administration of estates (probate): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
- Local county probate court website or clerk’s office (for forms and instructions about opening probate or obtaining Letters).
Next steps checklist
- Locate any registration, loan paperwork, or copy of the title.
- Order certified copies of the death certificate (multiple).
- Call Missouri DOR motor vehicle office to ask which forms to submit for a duplicate title or for title transfer after death.
- If DOR requires a court document, contact the probate court or a probate attorney to open a simple probate or obtain a court order.
- Complete DOR forms, pay fees, and transfer the title into the surviving spouse’s name.
If you want, tell me whether the vehicle was titled jointly, whether there was a loan or lien, or whether the estate is otherwise complicated. I can outline the most likely path and the specific DOR forms to request.