How to transfer a deceased parent’s car title to the surviving spouse in New Mexico when the original title is missing

Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. For advice tailored to your situation, consult a licensed attorney or contact the New Mexico Motor Vehicle Division (MVD).

Short answer

If a parent dies and you need to transfer the vehicle into the surviving spouse’s name in New Mexico but you don’t have the original paper title, you generally use a combination of a small‑estate affidavit (if the estate qualifies), a certified copy of the death certificate, personal identification, and MVD forms to either obtain a duplicate title or perform a transfer in the surviving spouse’s name. The exact paperwork depends on whether the estate qualifies as a small estate under New Mexico probate law and whether there is a lien on the vehicle.

Detailed answer — step‑by‑step process

1. Confirm whether you can use the small‑estate procedure

New Mexico law provides simplified ways to collect and transfer personal property from a decedent’s estate when the estate qualifies as a “small estate.” That process typically allows an heir or surviving spouse to collect personal property without formal probate by signing an affidavit under oath. Check New Mexico’s probate rules for small estates and the MVD rules on transfers after death before you proceed. General probate guidance is available through the New Mexico Legislature and Court resources: see New Mexico statutes and the New Mexico courts self‑help pages (for statutes and court forms, start at https://www.nmlegis.gov/Legislation/Statutes and https://www.nmcourts.gov/self-help).

2. Gather required documents

Typical documents MVD will ask for when transferring title after an owner’s death (or requesting a duplicate title) include:

• Certified copy of the decedent’s death certificate.
• Proof of your identity (valid government photo ID for the person signing the affidavit or transfer forms).
• Proof of your relationship to the decedent (for example, marriage certificate if the surviving spouse is the recipient).
• Vehicle information: current registration, license plate number, vehicle identification number (VIN), make/model/year.
• A Small Estate Affidavit (commonly called an Affidavit for Collection of Personal Property) if you are using the small‑estate procedure.
• MVD title application forms (to obtain a duplicate title or to apply to have the vehicle re‑issued in the surviving spouse’s name).
• Odometer disclosure or signed odometer statement if required (for certain model years).
• Evidence of any lien release if the vehicle had a lien (a lender must sign a lien release or the title must be clear of liens).

3. Decide whether to get a duplicate title first or transfer directly

Two common approaches:

1. Obtain a duplicate title in the decedent’s name first (if MVD requires an original title for transfer). This usually requires the MVD’s duplicate title application, death certificate, and proof that the applicant has the right to request the duplicate (a small‑estate affidavit or court paperwork may be required).
2. Use the small‑estate affidavit or other statutory transfer process to transfer ownership directly to the surviving spouse without first obtaining a duplicate title. Some MVD offices will accept an affidavit plus the required documents in lieu of an original title and then issue a new title in the surviving spouse’s name.

4. Complete the small‑estate affidavit (if applicable)

If the estate qualifies under New Mexico’s small‑estate rules, an affidavit signed under penalty of perjury by the surviving spouse or another heir can be used to claim personal property. Make sure the affidavit form you use meets New Mexico requirements and is properly notarized. You will need to accurately state the decedent’s assets, the value, and that no formal administration or probate is pending that would prevent the transfer.

5. Bring everything to the MVD

Take the completed affidavit, death certificate, ID, vehicle information, and any MVD application forms to a New Mexico MVD office or authorized county office. Explain that the owner died and you need to transfer title to the surviving spouse. The MVD will tell you whether they can complete the transfer at the counter, whether they will issue a duplicate title, or whether additional court documents are required.

6. Pay required fees and clear liens

Expect to pay MVD title/transfer fees and, if applicable, taxes. If a lien exists, you will need a lien release from the lender before a clear title can be issued in the surviving spouse’s name.

7. When a small‑estate affidavit won’t work

If the estate does not qualify for the small‑estate process, if there are multiple heirs who contest ownership, if the vehicle value or total estate exceeds the small‑estate limit, or if the MVD or a lienholder requires formal probate, you may need to open a probate administration or seek a court order transferring title. In those cases contact the probate court or an attorney.

Key New Mexico resources and statutes

For official guidance, start with these New Mexico resources:

• New Mexico Motor Vehicle Division (MVD) — official MVD site and local office contacts: https://www.mvd.newmexico.gov/
• New Mexico courts self‑help and probate pages (forms and court procedures): https://www.nmcourts.gov/self-help
• New Mexico statutes (Uniform Probate Code provisions are in the New Mexico Statutes): https://www.nmlegis.gov/Legislation/Statutes

Look under the New Mexico Uniform Probate Code provisions for small estate or affidavit collection of personal property when you search the statutes and court forms.

When to get legal help

Contact an attorney if:

• Heirs disagree about ownership of the vehicle.
• There is a lien or lender refuses to release the lien without probate.
• The estate exceeds small‑estate limits or has complicated assets.
• You are unsure whether the small‑estate affidavit will be accepted by MVD or by other parties (e.g., lienholders).

Helpful Hints

• Get several certified copies of the death certificate from the funeral home or the county recorder early — many agencies require certified copies.
• Call or check the MVD website first to find the exact documents and forms your local office requires before visiting.
• If the vehicle had a lien, contact the lender to find out what paperwork they require to release the lien after the owner’s death.
• Bring any registration, insurance card, or loan paperwork you have; these help establish ownership when the original title is missing.
• Have the small‑estate affidavit notarized. Unsigned or unnotarized affidavits will usually be rejected.
• If you cannot resolve the transfer at the MVD, the county probate court can issue an order directing transfer of the vehicle title to the surviving spouse.
• Keep copies of every document you submit or sign and note the names of MVD or county staff you work with.

Following these steps will help you understand the options for transferring a deceased parent’s vehicle into the surviving spouse’s name in New Mexico when the original title is missing. Since procedures can vary by local office and because estate law can be complex, check with MVD and consider legal help if you run into obstacles.