Can I transfer my deceased parent’s car title to the surviving parent if the original title is missing?

Short answer: Yes — Ohio provides ways to transfer a vehicle owned by a deceased person to a surviving spouse (or other heirs) without full probate. Which path you use depends on the vehicle’s value, whether the estate qualifies as a small estate, whether the vehicle had a lien, and whether the title is jointly held. You will need a certified death certificate, proof of your right to the vehicle, and specific court or BMV paperwork.

Detailed answer — step‑by‑step under Ohio law

This answer assumes the vehicle was titled only in the deceased parent’s name (not jointly) and the original paper title cannot be found. There are two common paths to transfer the title to the surviving parent:

1) Use Ohio’s small‑estate summary transfer procedure (if eligible)

Ohio law allows a summary (non‑probate) transfer of personal property, including motor vehicles, when the decedent’s personal property does not exceed the statutory small‑estate limit. The summary affidavit procedure can be faster and less expensive than opening a full probate administration.

1. Confirm eligibility. Review the statute that governs small‑estate summary transfers in Ohio: Ohio Rev. Code § 2113.03. That statute explains who may use the process and the qualifying limits. See: Ohio Rev. Code § 2113.03.
2. Obtain a certified death certificate. The county health department or funeral home can obtain certified copies for you to present to the probate court and the BMV.
3. Prepare and file the affidavit required by the probate court. Under the small‑estate statute, a person entitled to the decedent’s property files the required affidavit describing the property and asserting entitlement. File the affidavit with the local probate court (the county where the decedent lived). See the probate court’s clerk for local filing requirements and whether you need to sign in front of court staff. For local probate rules and contacts see: Ohio Probate Courts.
4. Take the filed affidavit and documents to the BMV. Once the probate court accepts the affidavit (and any required waiting period has passed or conditions are met), present the court‑filed affidavit, certified death certificate, photo ID for the surviving spouse, and any additional BMV forms to the Ohio BMV to request a title issued to the surviving spouse. The Ohio BMV can explain which title application forms are required and any odometer or lien documentation. See: Ohio BMV.

If the vehicle qualifies under the small‑estate affidavit, the BMV will generally issue a new title in the name of the person entitled under the affidavit (for example, the surviving spouse).

2) Open a probate estate (administration) and transfer the vehicle

If the estate does not qualify for summary transfer (for example, it exceeds the small‑estate limit or there are competing heirs), you’ll need to open a probate administration. Typical steps:

• File for probate/appointment as executor or administrator with the county probate court.
• Get Letters of Authority (or Letters Testamentary) from the court, which give the fiduciary power to manage and transfer estate assets.
• As the estate representative, apply to the BMV for a duplicate title or transfer the vehicle by presenting the court’s letters, a death certificate, and the BMV title application forms.

What to do if the original title is missing

1. If you have the original title but it is unsigned or in the decedent’s possession, you would normally sign the assignment section and present it to the BMV. Because it’s missing, proceed with either the small‑estate affidavit or probate path described above.
2. When dealing with the BMV, you will often need to apply for a duplicate title or use the court paperwork (filed affidavit or letters) to have the BMV issue a new title in the surviving spouse’s name.
3. If there is a lien listed on the title, obtain a lien release from the lienholder before the BMV will issue a new title to the surviving spouse.

Typical documents you will need

• Certified copy of the decedent’s death certificate.
• Filed small‑estate affidavit under Ohio Rev. Code § 2113.03 (if eligible) OR court‑issued Letters of Authority from probate court (if opening an estate).
• Photo ID for the surviving spouse or transferee.
• Ohio BMV title application form(s). The local BMV or county deputy registrar can confirm which forms are required.
• Lien release, if the vehicle had a lien recorded.
• Odometer disclosure statement when required by federal/state rules (for certain vehicle ages).

Common complications and how to handle them

• If the title shows joint ownership with right of survivorship, the surviving joint owner may already own the vehicle and will need to provide the death certificate and comply with BMV transfer rules.
• If multiple heirs claim the vehicle, the probate court may require formal administration to determine who inherits.
• If the vehicle’s value or the estate’s total personal‑property value exceeds the small‑estate threshold, the small‑estate affidavit will not work — open probate instead.
• If the decedent left a will naming a personal representative, that person should be appointed by the probate court to handle the transfer.

Where to get forms and local help

• Ohio Revised Code — small‑estate statute: Ohio Rev. Code § 2113.03.
• Ohio BMV — general vehicle title and transfer information: https://bmv.ohio.gov/. Contact your local deputy registrar or BMV title office for the exact forms and submission instructions.
• Ohio Probate Courts — find your county probate court for filing and local procedures: https://probatecourts.ohio.gov/.

Helpful Hints

• Start with a certified death certificate: most agencies will not act without it.
• Call the local probate court first to confirm what they need to accept a small‑estate affidavit; procedures can vary by county.
• Call the local BMV or deputy registrar before visiting — they will list the exact documents and may have downloadable forms online.
• If the vehicle had a lien, get the lienholder’s written release as soon as possible.
• Keep copies of every filed affidavit, Letters of Authority, and BMV submissions. Bring originals and several certified copies when you meet agencies.
• If multiple family members disagree about the vehicle, consider discussing options with the probate court clerk or seeking an attorney to avoid disputes escalating.

Disclaimer: I am not a lawyer. This article explains general information about Ohio law and common procedures to help you understand options for transferring a vehicle after a death. This is not legal advice. For advice about your specific situation, contact the local probate court or a licensed Ohio attorney.