Detailed Answer
Under Washington probate law, a motor vehicle owned by a decedent usually becomes part of the probate estate and must pass through estate administration. See RCW 11.04.015. However, Washington law provides exceptions that remove a vehicle from the probate estate:
1. Transfer-on-Death Beneficiary Designation
Under RCW 46.12.502, a vehicle owner may designate a beneficiary at the time of title application. If the decedent filed a valid transfer-on-death (TOD) designation with the Department of Licensing, the title passes directly to the named beneficiary without probate.
2. Joint Registration or Co-Ownership
If the vehicle was jointly titled with rights of survivorship (for example, spouses as joint tenants), ownership passes automatically to the surviving co-owner. You must present proof of joint registration to the county auditor to effect the transfer.
3. Small Estate Affidavit
If the decedent’s entire estate, including vehicles, falls under $100,000, a small estate affidavit may allow transfer without full probate. See RCW 11.62.050.
To determine if the vehicle is estate property:
- Examine the vehicle title for a TOD beneficiary under RCW 46.12.502.
- Check for joint registration or co-owners with rights of survivorship.
- Review total estate value for small estate affidavit eligibility.
- Confirm any outstanding liens with the county auditor’s office.
If none of these exceptions apply, the vehicle must be administered through Washington probate under Title 11 RCW.
Helpful Hints
- Obtain a certified copy of the decedent’s death certificate early.
- Contact the Department of Licensing to verify TOD designations.
- Visit the county auditor’s office for joint title and lien information.
- Assess all estate assets promptly to qualify for a small estate affidavit.
- Keep clear records of any lien releases tied to the vehicle.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation.