How do you transfer title to a motor vehicle of a deceased owner? If the vehicle is part of the probate estate, then either Letters Testamentary (if there is a will) or Letters of Administration (when there isn’t a will) are necessary before an appointed representative can transfer title.
There are ways to dispose of a vehicle without the need to file anything with the Surrogate or probate court. In order for this to be possible, the title owner must set things one of several ways before death.
Title to a motor vehicle may be held as co-owners by spouses or domestic partners. In that case, when one owner dies the surviving owner must complete an affidavit which can be found on the NJ motor vehicle website and bring it to DMV with the title and certified copy of the death certificate to have new title issued in the sole surviving owner’s name.
Another way title can be transferred upon death to a named beneficiary without probate is through a transfer on death form that can be found on the state motor vehicle website, designating the beneficiary who is to receive ownership. This person only becomes the owner after death and does not have a right to the vehicle while the current owner is alive. After death the beneficiary takes the title, a death certificate and the completed form to a motor vehicle office to have title reissued in their name.
In either of these two cases, no paperwork from the Surrogate of the Probate Court is necessary.
To discuss your NJ estate planning matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate Planning Attorney