Detailed answer — step‑by‑step process

1) Confirm ownership, liens, and who the legal successor is

First, determine how the vehicle was titled (solely in the deceased parent’s name, jointly, or with transfer‑on‑death/beneficiary). Check the registration, insurance papers, and any loan documents to see whether a lien exists. If the surviving spouse was a joint owner with right of survivorship, the car usually transfers to the surviving joint owner by operation of law — but you will still need to provide documentation to the NDDOT to get a new title in that spouse’s name.

2) Decide whether you can use a small‑estate affidavit or similar summary procedure

North Dakota’s probate rules include summary and small‑estate procedures for collecting and distributing modest estates without full administration. If the estate qualifies under state small‑estate procedures and the surviving spouse is the successor entitled to the vehicle, you may be able to use an affidavit filed with the appropriate agency (often the county court or the NDDOT) to transfer title. See North Dakota’s probate statutes for details on small‑estate procedures: North Dakota Century Code, Title 30.1 (Probate). Also check available court forms at the North Dakota Courts site: ND Courts — Probate Forms.

3) Gather documents commonly required by NDDOT and county offices

• Certified copy of the death certificate for the deceased owner.
• Photo ID for the surviving spouse (driver’s license, state ID).
• Vehicle registration, insurance card, or other proof showing the deceased owned the vehicle.
• Documentation of any lien release (if a lender had an interest).
• A copy of the title, if available. If the original title is missing, be prepared to complete a duplicate‑title application or provide an affidavit explaining why the title is unavailable.
• Completed NDDOT forms: title application, odometer statement (if required), and any affidavit the county or NDDOT requires for transfers after death.

4) If you do not have the original title: two common options

1. Use a small‑estate or affidavit transfer (if eligible):

   If the estate qualifies, the surviving spouse can sign a sworn affidavit (often called a small‑estate affidavit, affidavit of succession, or affidavit of heirship) attesting to the facts of death and entitlement to the vehicle. The NDDOT or the county treasurer’s/motor vehicle office may accept that affidavit plus a death certificate and ID to issue a new title in the surviving spouse’s name. Check required form details with NDDOT or your county treasurer’s motor vehicle office. For probate law background see: NDCC Title 30.1.

2. Apply for a duplicate title or open a short/summary probate:

   If the county/NDDOT will not accept an affidavit alone (for example, if other heirs exist, a lien is present, or the estate value or circumstances exceed small‑estate limits), you may need to either (a) apply for a duplicate title in the deceased owner’s name (some states allow an heir or personal representative to do this with a death certificate and court appointment), or (b) open a probate or summary administration proceeding to obtain a court order transferring the vehicle to the surviving spouse. If a court order is necessary, the court will provide a signed order that the NDDOT will accept to re‑issue a title.

5) Filing the forms and paying fees

Take the completed forms, supporting documents, and fees to the county treasurer’s motor vehicle office or to the NDDOT motor vehicle division. Each county office has its own procedures and fee schedule; the NDDOT’s motor vehicle division can provide specific title transfer steps and required forms: North Dakota Department of Transportation — Motor Vehicle Division. Expect to pay title, registration, and any applicable transfer fees and taxes.

6) When you must involve the court or a lawyer

If other heirs dispute the transfer, if a lien exists that cannot be resolved, or if the estate does not qualify for small‑estate procedures, you will likely need to open probate or obtain a court order. If the facts are contested or complex, consult a probate attorney or contact the county clerk of court for guidance on summary probate or formal administration under North Dakota law: NDCC Title 30.1.

7) Example hypothetical scenario (illustrates the practical steps)

Hypothetical facts: Mom (decedent) owned a car titled in her name only. Dad is the surviving spouse. The car has no lien. The estate otherwise qualifies as a small estate.
Steps taken: Dad obtains a certified death certificate, the registration, and his ID; he completes the NDDOT title application and a small‑estate affidavit that the county treasurer accepts; he pays the title fee; the county issues a new title listing Dad as the owner. If instead there was a loan on the vehicle, Dad would need a lien release from the lender or a court order resolving the lien before the county would re‑title the car.

Helpful Hints — what to do next and what to watch for

• Call your county treasurer’s motor vehicle office first. County offices often have local rules and can tell you what forms they accept for transfers after death.
• Contact NDDOT’s Motor Vehicle Division for title‑specific guidance and downloadable forms: NDDOT Motor Vehicle Division.
• Get several certified copies of the death certificate — agencies and banks often require originals certified by the vital records office.
• If there is any loan or lien on the vehicle, contact the lender. Lenders often require payoff or lien release before titles can change hands.
• If other family members could make a competing claim, consider obtaining a court order or speaking with an attorney — it avoids later disputes and title problems.
• Keep complete, dated records of all forms, receipts, affidavits, and communications.
• If the county will not accept an affidavit, ask whether a short/summary probate or an application for duplicate title is the right path in your county.