Short answer — what to expect in Vermont

If a parent died owning a vehicle and you do not have the original title, you generally must show legal authority to handle the deceased owner’s property before the Vermont Department of Motor Vehicles (DMV) will issue or transfer title. That authority commonly comes from either a small‑estate procedure or a probate document (letters testamentary or letters of administration). You may also be able to get a duplicate title or use a bonded title process in some cases. Below is a step‑by‑step FAQ style explanation of the usual path and the documents you will likely need.

Detailed answer — step‑by‑step process

1. Determine how the vehicle passes on death

Start by checking whether the deceased left a will and whether the vehicle is titled only in the deceased’s name, jointly, or to a trust. If the vehicle was jointly titled with right of survivorship, the surviving owner usually becomes the owner automatically and can apply for title transfer. If the vehicle was titled solely in the deceased’s name, you need proof of authority to transfer title.

2. Collect the basic documents you will need

• Certified copy of the death certificate (official, not a photocopy).
• Photo ID for the person trying to transfer the vehicle.
• Vehicle information: VIN, year, make, model, and registration (if available).
• Any documentation of a will, executor appointment, or prior record of ownership.
• Proof of lien release if a lien existed on the vehicle.

3. Decide whether the small‑estate procedure applies

Vermont provides probate rules for administering estates. If the estate qualifies for a small‑estate process under Vermont probate laws, a family member may use a small‑estate affidavit or obtain a short form of probate authority to collect and transfer personal property, including a vehicle. Small‑estate procedures can be faster and avoid full probate, but the exact eligibility criteria and process run through the probate court.

For official probate information and forms, contact the Vermont Probate Division: Vermont Judiciary — Probate. For the statutory framework for wills, probate, and intestacy, see Vermont statutes on probate (Title 14): Vermont Statutes, Title 14 (Probate).

4. If you qualify for a small‑estate affidavit

File the appropriate affidavit or short probate documents with the probate court in the county where the decedent lived. Once the court issues the small‑estate paperwork or confirms your affidavit, that document is your authority to convey personal property. Take the court paperwork to the DMV as proof you may transfer the vehicle despite not having the original title.

5. If probate (full or letters) is required

If the estate does not qualify as a small estate, or if there are disputes or liens, you will likely need to open an estate in probate. The probate court can issue letters testamentary or letters of administration to an executor or administrator. Those letters show the DMV you have authority to request a duplicate title and transfer the vehicle.

6. Visit the Vermont DMV to get a duplicate or transfer title

With the death certificate and the probate or small‑estate papers in hand, contact the Vermont DMV. Explain that the titled owner is deceased and you do not have the original title. The DMV will advise whether you should apply for a duplicate title in the decedent’s name (so you can then transfer it) or whether the DMV can accept the probate/small‑estate document and directly transfer title to the surviving spouse or beneficiary.

Start at Vermont DMV vehicle pages: Vermont DMV — Vehicles & Titles. If the DMV requires a duplicate title, they will tell you what forms to submit and which fees apply.

7. If the title cannot be located and no probate authority exists, consider bonding

If you cannot secure the original title and the probate court does not or cannot immediately issue transfer authority, some states allow a bonded title. A surety bond protects future buyers or creditors. Ask the Vermont DMV whether a bonded title is an available option in your situation.

8. Final transfer and registration

Once the DMV accepts your authority and issues a duplicate or transfers the title, sign the title as required and submit any required transfer forms and fees. Update the vehicle registration and insurance to the new owner’s name. Keep certified copies of probate or small‑estate documents and the death certificate with the vehicle records.

Example (hypothetical)

Hypothetical: Mom (decedent) owned a car titled solely in her name. She died without leaving a will. Dad wants the car but the title is lost. Dad obtains a certified death certificate and goes to the probate court. Because the estate is small and qualifies for the court’s summary procedure, the probate court issues a small‑estate affidavit appointing Dad to collect personal property. Dad takes that affidavit and the death certificate to the Vermont DMV, applies for transfer, pays required fees, and receives a new title in his name.

When you should contact an attorney

Consider getting legal help if:

• the estate is large or complicated;
• multiple heirs dispute ownership;
• the vehicle has an outstanding lien;
• you cannot obtain probate or small‑estate authority; or
• You are unsure which forms to file or how to present them to the DMV.

An attorney can explain estate law, prepare and file probate documents, and represent you in contested cases.

Helpful links (Vermont official resources)

• Vermont DMV — Vehicles & Titles
• Vermont Judiciary — Probate Division (forms & info)
• Vermont Statutes, Title 14 (Probate) — rules on wills, intestacy, and estate administration

Helpful Hints

• Obtain multiple certified death certificates early. Agencies often require originals.
• Search thoroughly for the original title, registration, insurance documents, and any loan paperwork. Lenders may hold the title if the car had a lien.
• Call the DMV ahead of your visit to confirm which documents and forms you must bring.
• If the vehicle has a lien, obtain a lien release from the lender before transfer.
• Keep copies of all probate filings, DMV forms, and receipts for fees; they protect you if questions arise later.
• Do not let anyone drive the vehicle without proper registration and insurance until title and registration are updated.
• If multiple family members claim the vehicle, avoid unilateral transfers until you have court authority to prevent disputes.

Disclaimer: This information explains typical Vermont procedures but does not constitute legal advice. Laws and DMV rules change. For advice about your specific situation, contact a Vermont probate attorney or your local probate court and the Vermont DMV.