Overview

Losing a parent is difficult, and taking care of practical matters like transferring a vehicle title can feel overwhelming. This article explains, in plain language, the typical steps to retitle a car that belonged to a deceased parent under South Dakota law and points you to the right state resources. This is educational information only and not legal advice.

Detailed answer — how to retitle a vehicle after a parent dies (South Dakota)

Below are the common steps people follow in South Dakota when retitling a vehicle after a parent dies. The exact process depends on who legally owned the vehicle (sole owner, joint owner, or titled with a beneficiary), whether there is a lien, and whether the estate must go through probate or qualifies for transfer via a small-estate procedure.

1. Confirm ownership and title details.

   Find the vehicle title (or the registration if the title is missing). Check whether the vehicle was titled in your parent’s sole name, jointly with rights of survivorship, or had a designated transfer-on-death or beneficiary. Also check the title for any recorded lien. The South Dakota Codified Laws that govern vehicle titles are in Title 32; see Title 32 for details: SDCL Title 32 (Motor Vehicles).

2. Obtain certified copies of the death certificate.

   Most agencies and the county treasurer will require a certified death certificate to show the owner died. Order several certified copies early; you will likely need more than one.

3. Determine whether probate is required.

   If the vehicle was owned solely by the decedent and no beneficiary or joint owner exists, the car usually becomes part of the decedent’s estate. Estates that meet the small estate thresholds may use simplified procedures to transfer personal property without a full probate administration. South Dakota’s probate laws are in Title 29A: SDCL Title 29A (Probate Code). Check the probate code or consult the county courthouse about small estate affidavits and simplified transfers.

4. If the vehicle can transfer outside probate (joint title or beneficiary).

   If the title names a joint owner with right of survivorship or a designated beneficiary/transfer-on-death, the surviving person typically must provide the death certificate and the vehicle title to the county treasurer or motor vehicle office to have the title reissued in the survivor’s name. The South Dakota Department of Revenue Motor Vehicle section has practical instructions: South Dakota Department of Revenue (Motor Vehicles).

5. If probate or a personal representative is required.

   If the estate has to go through probate and a personal representative (executor or administrator) is appointed, that representative will sign the title on behalf of the estate to transfer it to the beneficiary or sell it. To do this the representative will usually present the following to the county treasurer or motor vehicle office:

   • Certified death certificate
   • Original vehicle title (signed as required)
   • Letters testamentary or letters of administration from the probate court showing authority to transfer estate property
   • Completed SD title application forms and any required affidavits
   • Payment for title, registration, and any taxes/fees
6. If the estate is small: use a small-estate affidavit or affidavit of succession (when available).

   Many states allow a small-estate affidavit or simplified transfer for vehicles if the total estate value falls under a statutory limit. If South Dakota’s small estate procedures apply, an heir can present an affidavit to the county treasurer along with the death certificate and the original title to retitle the vehicle. Check the probate code (Title 29A) and ask the local probate court or county treasurer whether a small estate affidavit will work in your situation: SDCL Title 29A.

7. Clear any liens before transfer.

   If a lienholder appears on the title, you must satisfy or address the lien before you can retitle the vehicle. Contact the lienholder for payoff information and get a lien release or a lender-signed title. The county treasurer’s office or motor vehicle division can explain exactly what is acceptable.

8. Go to the county treasurer or authorized title office.

   South Dakota issues titles and registrations through county treasurers and the Department of Revenue. Take the required documents (original title, death certificate, letters or affidavit, lien release if needed, ID, and fees) to the county treasurer or the motor vehicle office listed on the Department of Revenue site: Vehicle Titles — South Dakota Department of Revenue. The county treasurer will process the transfer and issue a new title in the new owner’s name.

9. Update insurance and registration.

   After retitling, update the vehicle insurance and registration to reflect the new owner. Keep proof of insurance and registration current.

10. Keep careful records.

    Retain copies of the death certificate, letters of administration, the completed title, affidavits, lien releases, and receipts for fees or taxes paid. They protect you if questions arise later.

Typical documents you will be asked for

• Certified copy of the death certificate
• Original vehicle title (signed if required)
• Affidavit of heirship or small estate affidavit (if applicable)
• Letters testamentary or letters of administration (if probate opened)
• Lien release from any lender
• Photo ID of the person applying
• Completed SD title/registration forms and payment

Where to get authoritative help

• South Dakota Department of Revenue, Motor Vehicles: https://dor.sd.gov/
• South Dakota Codified Laws — Title 32 (Motor Vehicles): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=32
• South Dakota Codified Laws — Title 29A (Probate Code): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=29A
• Your local county treasurer’s office (for filing the title transfer and paying fees)

Helpful hints

• Order several certified death certificates at once; agencies often require originals.
• Call your county treasurer before you go. Requirements and acceptable affidavits vary by county, and the treasurer can tell you exactly what forms and documents to bring.
• Look for a lien on the title early. A lender’s payoff and release are usually required before the title can change hands.
• If the title is lost, the county treasurer or Department of Revenue can explain how to obtain a replacement title.
• Keep copies of everything you file. If the new title must be corrected later, records will make that easier.
• When in doubt, ask the probate court clerk whether the estate must open probate or whether a small estate affidavit will work.
• For any tax questions (estate tax or vehicle-related taxes), consult the Department of Revenue or a tax advisor.

When to consider getting legal help

You may want to consult an attorney if: ownership is disputed, the estate is large or complex, there are unresolved liens or creditors, you are a personal representative unsure how to proceed, or the county treasurer rejects an affidavit or documentation. An attorney can advise about probate, estates, and complex title-transfer issues.

Disclaimer: This information is educational and not legal advice. It explains common steps under South Dakota law but does not address all scenarios or substitute for a lawyer’s review of your specific situation.