Detailed answer: How to transfer a deceased parent’s car title to the surviving parent in Rhode Island when the original title is missing

Short answer: In Rhode Island you generally must show proof of the vehicle owner’s death and legal right to receive the vehicle before the Division of Motor Vehicles (DMV) will issue a new title. If the original title is missing you will either obtain a duplicate title from the RI DMV, present probate or small‑estate paperwork that transfers ownership to the surviving spouse, or use the state’s small‑estate/affidavit procedures (if available and appropriate). You will also need a certified death certificate and documents proving the surviving spouse’s right to the vehicle (marriage certificate, affidavit of heirship, court letters, or small‑estate affidavit). This is general information only and not legal advice.

Step‑by‑step process

1. Gather basic documents.
   • Certified copy of the decedent’s death certificate (multiple copies often required).
   • Proof of identity for the surviving spouse (government ID).
   • Proof of relationship — typically a marriage certificate if transferring to a surviving spouse.
   • Registration (if available), keys, insurance documents, and any paperwork showing lien status.
2. Check whether probate is needed.

   If the decedent left a will or estate assets exceed the small‑estate threshold, the estate may need formal probate. If probate is opened, the personal representative (executor or administrator) can obtain and sign for a new title. If there is no will and the surviving spouse is the sole heir, a simplified procedure may apply. Contact the Rhode Island Probate Court for guidance: https://www.courts.ri.gov/

3. Ask the RI DMV about a duplicate title or transfer form for a deceased owner.

   Start with the Rhode Island Division of Motor Vehicles: https://dmv.ri.gov/. The DMV can explain whether you should apply for a duplicate title in the decedent’s name, or whether the DMV accepts a specific affidavit or transfer form for vehicles owned by a deceased person. Many states allow the surviving spouse to apply for a replacement title using a death certificate plus an affidavit; RI DMV will list the exact forms and fees.

4. If you can obtain a duplicate title in the decedent’s name.

   The surviving spouse or the estate’s personal representative can apply for a duplicate title through RI DMV. After receiving the duplicate, the decedent’s name can be signed off and the title transferred to the surviving spouse via the regular transfer procedures (seller signature, odometer statement if required, payment of title and registration fees).

5. If probate or letters are available.

   If a probate court issues letters testamentary or letters of administration to an executor/administrator, the personal representative can sign the title transfer paperwork and present the court letters plus the death certificate to DMV to transfer title to the surviving spouse.

6. If the estate is small and no formal probate will be opened.

   Rhode Island has procedures for small estates and transfers without full probate. If the estate qualifies, the surviving spouse (or heirs) may use a small‑estate affidavit or other simplified affidavit accepted by the probate court and by DMV to transfer the vehicle. Contact the Probate Court for the county where the decedent lived to learn the exact form or filing required: https://www.courts.ri.gov/

7. Address liens and loans.

   If a lien exists, obtain a lien release from the lender. DMV will not issue a clear title if a valid lien remains recorded.

8. Bring everything to the RI DMV.

   When you have the required documents (death certificate, ID, marriage certificate/proof of relationship, duplicate title OR probate/affidavit documents, proof of lien release if applicable), visit the DMV to complete the title transfer and pay fees and taxes. The DMV will explain any additional state requirements such as odometer disclosure.

Common scenarios and what to expect

• Surviving spouse named in a will or sole heir: A small‑estate affidavit or an affidavit of heirship plus death certificate will often be enough for DMV to transfer the title without formal probate.
• No will, multiple heirs: If heirs disagree or the estate is not small, probate and appointment of an administrator may be required before the vehicle can be transferred.
• Vehicle has a lien: The lender must provide a lien release or the title must show the lienholder; the lender’s cooperation is necessary.
• Original title lost: Apply for a duplicate title through the RI DMV, or submit a substitution affidavit if the DMV accepts one in cases involving deceased owners.

Key Rhode Island resources

• Rhode Island Division of Motor Vehicles (title and registration information, forms, duplicate title instructions): https://dmv.ri.gov/
• Rhode Island Judiciary — Probate Court information (small‑estate procedures, forms, filing locations): https://www.courts.ri.gov/
• Rhode Island General Laws (search statutes and probate code): https://webserver.rilin.state.ri.us/

Helpful hints

• Call the RI DMV before you go. Ask exactly which forms and how many certified death certificates the DMV needs.
• Bring originals and one or two photocopies of each document. The DMV may keep copies.
• Have the marriage certificate ready to show the surviving spouse’s relationship if the title is transferring to a spouse.
• If you expect a lien, get the lender’s payoff statement and a written lien release if available.
• If you cannot reach an agreement among heirs or you suspect the estate exceeds the small‑estate threshold, consult the Probate Court or a probate attorney before acting.
• Keep records of all payments and signed forms. If the title transfer is later questioned, paperwork protects you.
• If you run into complications, the probate clerk can explain whether a short, inexpensive probate appointment of an administrator will solve the problem.

When to talk with an attorney

Consider contacting an attorney if heirs disagree, the estate is complex, a lender refuses to release a lien, or if you get conflicting guidance from DMV and the Probate Court. An attorney can advise whether opening a probate estate is necessary and can prepare the correct affidavits or court filings.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws and procedures change; check with the Rhode Island Division of Motor Vehicles and the Rhode Island Probate Court, or consult a licensed attorney in Rhode Island for advice specific to your situation.