Can I transfer my parent’s car title to my other parent in South Carolina if we don’t have the original title?

Short answer: Yes — often you can transfer a deceased parent’s vehicle to the surviving spouse in South Carolina even when the original title is missing, but you must follow the South Carolina Department of Motor Vehicles (SCDMV) procedures and possibly use a small‑estate affidavit or obtain a duplicate title. The exact steps depend on whether there is a will, whether the estate is being probated, whether the surviving spouse is the sole heir, and whether there is a lien on the vehicle.

Disclaimer

This article explains general South Carolina procedure and is for educational purposes only. It is not legal advice. For advice about your specific situation, contact a South Carolina attorney or the SCDMV.

Overview of the legal framework in South Carolina

South Carolina law allows personal property (including vehicles) to pass to heirs or a surviving spouse either through probate or through simplified small‑estate procedures when the estate qualifies. The South Carolina Department of Motor Vehicles handles title issuance and title transfers. When the original title is missing, the SCDMV provides a process to obtain a duplicate title or to transfer ownership using affidavits and evidence of ownership. For general probate and small estate rules, see South Carolina’s probate code (Title 62) and SCDMV title guidance:

• S.C. Code Title 62 — Probate (overview of probate statutes)
• SCDMV — Title & Registration information

Step‑by‑step process (common scenarios)

The most common paths are: (A) surviving spouse is the sole owner/heir and wants the car, or (B) multiple heirs exist. Below are practical steps you can take and documents you will likely need.

1. Gather basic documents

Collect these items first — the SCDMV and any attorney will want them:

• Certified copy of the deceased parent’s death certificate.
• Photo ID for the surviving spouse and anyone acting for the estate.
• Any paperwork showing ownership or the vehicle’s VIN (insurance card, registration, service records, payoff statements, photos of the title if available).
• Information about liens (loan payoff statement or contact info for lienholder).
• If there is a will, a copy of the will. If there is a probate case, the probate paperwork.

2. Check whether probate is necessary

If the deceased’s estate is being probated, the personal representative (executor/administrator) usually handles transferring titled property. If the estate is small and qualifies for South Carolina’s small‑estate procedures, you may be able to avoid a full probate. Whether the estate qualifies depends on the total value of the estate and other factors under South Carolina probate law. See Title 62 for small estate rules: scstatehouse.gov — Title 62.

3. If the original title is missing: two common options

Option A — get a duplicate title before transferring:

1. Apply for a duplicate title through SCDMV. The duplicate‑title application requires vehicle information (VIN, year, make), owner name, and typically a copy of the death certificate if the owner is deceased. Visit the SCDMV title page for required forms and instructions: SCDMV — Title & Registration.
2. If the deceased was the titled owner, the surviving spouse or the personal representative should bring proper identification and the death certificate. If the vehicle had a lien, get a lien release or payoff documentation from the lender.
3. Once you obtain a duplicate title in the deceased owner’s name, the surviving spouse can sign the title assignment section (if they are the transferee) and submit it to the SCDMV to retitle the car in their name.

Option B — use small‑estate affidavit / heirship affidavit if a duplicate title is not practical:

1. If the estate qualifies as a small estate under South Carolina law, heirs may use an affidavit to collect personal property without full probate. If the surviving spouse is the sole heir or all heirs agree, the affidavit can establish the right to possession and support a transfer.
2. Complete the required affidavit (often called an affidavit for collection of personal property or affidavit of heirship) signed by the surviving spouse and notarized. The SCDMV may accept a small‑estate affidavit along with the death certificate and ID in lieu of an original title — but acceptance can depend on local SCDMV office policy and the specifics of the affidavit.
3. Bring the affidavit, death certificate, ID, and any supporting documents to the SCDMV. The SCDMV will advise whether they can issue a new title in the surviving spouse’s name based on the affidavit.

4. If there is a lien

If the vehicle had an outstanding loan, the lienholder must be paid or release the lien before clear title can be issued. Obtain a payoff letter and a lien release document from the lender. The SCDMV will not issue a clean title until lien matters are resolved.

5. If heirs disagree or there are unusual facts

If multiple heirs dispute ownership, or if the estate’s value or complexity exceeds small‑estate limits, file for probate and let the court direct distribution. A probate court order can be used to retitle the vehicle when affidavits are not accepted.

What to expect at the SCDMV

• You will likely present the death certificate, photo ID, vehicle information (VIN), and either a duplicate title, an affidavit of heirship/small estate affidavit, or probate documents.
• SCDMV staff will review the paperwork and determine whether they can issue a new title or whether the vehicle must pass through probate or be retitled by the personal representative.
• Be prepared to pay title, registration, and processing fees.

When to get help from an attorney

Consider consulting a South Carolina probate or estate attorney if any of the following apply:

• Heirs disagree about who should receive the vehicle.
• The estate includes debts, liens, or creditors with potential claims against the vehicle.
• You cannot get a duplicate title and the SCDMV will not accept a small‑estate affidavit.
• The estate value or complexity likely exceeds the small‑estate procedural limits.

Helpful Hints

• Start with the SCDMV: call your local SCDMV branch or check the SCDMV website for exact forms and requirements before you go. SCDMV page: https://www.scdmvonline.com/Vehicle-Owners/Title-Registration.
• Always bring a certified (official) copy of the death certificate — photocopies are usually not accepted.
• If you find a copy or photo of the original title, bring it; it can speed the transfer even if it isn’t the original document.
• If the vehicle had a loan, contact the lender early to get a payoff amount and lien release instructions.
• If the estate is straightforward and the surviving spouse is the only heir, most SCDMV branches will help you retitle the car with a duplicate title or affidavit when you provide the required documents.
• Keep records of all communications and documents you submit to SCDMV or lenders (dates, names of employees, copies of forms).
• If the SCDMV rejects an affidavit, ask what additional document (duplicate title application, probate order, or different affidavit form) they will accept.
• When in doubt about whether the estate qualifies as a “small estate,” consult a probate attorney — the threshold and rules can affect whether you can use an affidavit instead of probate.

Next steps you can take today

1. Locate a certified death certificate for your parent.
2. Call or visit the SCDMV title & registration page to identify the exact forms and documents required for a duplicate title or for transfer after death: SCDMV — Title & Registration.
3. If you anticipate disputes or complicated debts, schedule a consultation with a South Carolina probate attorney to review options.

Again, this is general information and not legal advice. If you need specific guidance about your family’s facts, an attorney licensed in South Carolina can explain how Title 62 and SCDMV procedures apply to your situation.