Retitling a Vehicle After a Parent’s Death — What to Know in Washington
This FAQ-style guide explains the common paths for transferring a car title after a parent dies under Washington law, the typical documents you’ll need, and practical steps to complete the transfer with the Washington Department of Licensing (DOL) or through probate.
Disclaimer: This is educational information only and not legal advice. For complex estates, disputes, or tax questions, consult a licensed attorney in Washington.
Detailed answer — How the process works and what to do
The exact steps you must take depend on how the vehicle title is held (sole owner, joint owner, or held in the estate) and whether the estate is large enough or contested so that formal probate is needed. Two Washington legal sources are most relevant: the motor vehicle/title rules in Title 46 of the Revised Code of Washington (RCW) (RCW Title 46) and Washington probate law in Title 11 (RCW Title 11). The Washington DOL has practical instructions for ownership transfers including when an owner is deceased (WA DOL — Transfer of Ownership).
Step 1 — Find the title and determine ownership type
Locate the current vehicle certificate of title. Note the name(s) and the form of ownership. Common scenarios:
- Joint owner with right of survivorship (JTWROS): The surviving joint owner usually becomes the sole owner automatically and can sign the title to transfer or re-title in their name.
- Sole owner: The vehicle is part of the decedent’s estate. Transfer may require a small-estate affidavit or probate, depending on circumstances.
- Title lists a lienholder: The lender’s release or payoff is required before DOL transfers the title.
Step 2 — Gather required documents
Typical documents the DOL and courts will want:
- Certified copy of the decedent’s death certificate (obtain from the county that issued it).
- The original vehicle title with any transfer or assignment sections completed (if available).
- One of the following, depending on your situation:
- Signed title completed by surviving joint owner (if JTWROS).
- Letters testamentary or letters of administration issued by the probate court if an estate is opened and a personal representative is handling assets.
- For small estates, a properly completed small-estate affidavit (see RCW chapter for collection of personal property) if you qualify.
- Odometer disclosure (if required by federal/state rules and the vehicle is less than 10 years old).
- Payment for DOL title and registration fees, plus any applicable taxes.
- If there is a lien, written payoff or lien release from the lender.
Step 3 — Choose the legal path to transfer
Common legal paths:
- Survivor signs the title (joint owner): If the title names you as a surviving joint owner, sign the title according to DOL instructions and submit the title, death certificate, and required forms to DOL.
- Small estate affidavit (no probate): Washington provides procedures for collecting personal property of a deceased person without formal administration when conditions are met. If the estate qualifies under the small-estate provisions of Washington probate law, an heir or beneficiary can present a signed affidavit to claim the vehicle and then take that affidavit to the DOL to retitle the car in their name. (See general probate rules at RCW Title 11 and the small estate chapter at RCW chapter 11.62.)
- Probate and personal representative transfer: If the decedent’s estate must go through probate, the personal representative (executor or administrator) will receive letters from the probate court. The personal representative legally transfers the vehicle by signing the title and providing the letters and death certificate to the DOL. See RCW Title 11 for probate rules: RCW Title 11.
Step 4 — Submit documents to Washington DOL
Follow DOL instructions for ownership transfer. The DOL webpage on transfers explains which forms and fees apply and provides details on mailing or in-person transactions: WA DOL — Transfer of Ownership. If you are using a small-estate affidavit or are a personal representative, include those documents with the title and death certificate. If a lien exists, include the lien release.
Common practical scenarios (examples)
Here are short hypotheticals to show how the paths differ:
- Example A — Joint title: Mom and son are listed as joint owners. Mom dies. The son signs the title as surviving owner, attaches the death certificate, and applies for a new title in his name.
- Example B — Sole title, small estate: Father owned the car alone, left no will, and the estate is otherwise small. An heir signs a small-estate affidavit under Washington probate rules, presents it along with the death certificate to DOL, and receives a new title in the heir’s name.
- Example C — Probate necessary: Parent owned multiple assets, including the car, and the estate must be probated. The appointed personal representative receives letters from the probate court, signs the title on behalf of the estate, and completes the transfer to the beneficiary.
Issues that can slow or stop a transfer
- Outstanding liens or loans on the vehicle — the lender must release the title or be paid off.
- Disputed heirs or contests to the will — a probate court may need to resolve ownership first.
- Missing title or key documentation — DOL and courts generally require the original title and certified death certificate.
- Failure to qualify for small estate procedures — if you try to use an affidavit but the estate does not meet criteria, the DOL will require probate documentation.
When in doubt about whether your situation qualifies for an affidavit or requires probate, check RCW Title 11 or consult a probate attorney. Link to RCW Title 11 (probate): https://app.leg.wa.gov/rcw/default.aspx?cite=11.
Helpful hints — checklist and practical tips
- Check the original title first. The easiest transfers happen when a surviving joint owner is listed.
- Obtain multiple certified copies of the death certificate right away — many agencies will request them.
- If the vehicle has a lien, contact the loan servicer early to learn the payoff and obtain a lien release.
- Use the WA DOL transfer page for forms, fee information, and step-by-step instructions: https://www.dol.wa.gov/vehicleregistration/transferofownership.html.
- If the estate is small and uncontested, ask about the small-estate affidavit process in RCW chapter 11.62 (RCW 11.62) and whether the DOL will accept that affidavit in lieu of probate.
- Prepare for registration fees and possible taxes when you retitle and register the vehicle in your name.
- If the title is lost, contact DOL for the title application procedures — you may need additional affidavits and identification.
- Document every step and keep copies of forms submitted to DOL and the probate court.
- If heirs disagree or the estate is complicated (multiple high-value assets, debts, or a contested will), consult a probate attorney early.