Transferring a car title when the owner has died can be a bit more involved than a standard title transfer. The process in Ohio depends on whether the deceased owner made prior arrangements for the vehicle (such as a beneficiary notation) and the overall situation with their estate. Here are the general scenarios:

  • Transfer-on-Death (TOD) Beneficiary Named: Ohio allows vehicle owners to designate a Transfer-on-Death beneficiary directly on the title. If the deceased person’s title has a TOD beneficiary listed on the face of the title (it will say “TRANSFER ON DEATH TO [Name]”), then the process is relatively straightforward. The named beneficiary needs to take the original title and an official death certificate of the owner to the County Clerk of Courts Title Office. The beneficiary will fill out an application for a new title, and the clerk will issue a new title in the beneficiary’s name (essentially retitling the car to the beneficiary). This bypasses the need for probate for the vehicle, since the beneficiary was directly designated. The beneficiary should bring ID and be prepared to pay the title fee, but no sales tax is due in this transfer (it’s an inheritance, not a sale).
  • No TOD Beneficiary – Going Through the Estate/Probate: If there was no beneficiary listed on the title, then the vehicle becomes part of the deceased’s estate. How it’s handled depends on whether the estate goes through probate court and the value of the estate:
    • Small Estate (Surviving Spouse Scenario): Ohio has a provision that if a person dies, a surviving spouse may be able to transfer up to two vehicles into their name (if they are listed jointly or even if not, up to a certain value) using just a streamlined affidavit process at the title office, provided the estate isn’t going through full probate and there are no other conflicting claims. The surviving spouse would need the death certificate and possibly an affidavit (obtained from the title office) stating they are the spouse and entitled to the vehicle. This only works if the spouse is inheriting the car and there’s no other estate action.
    • Probate Required: If the estate is going through probate (or if the car isn’t going to a surviving spouse directly), then the authority to transfer the title will come from the probate court. The court will appoint an executor or administrator of the estate (via paperwork called “Letters of Authority” or “Letters Testamentary”). That executor/administrator can then sign the title on behalf of the deceased owner. Typically, the executor will sign the deceased’s name followed by their own name and title (e.g., “John Smith, Executor of the Estate of Jane Smith, Deceased”) on the title, which would then be given to the heir or buyer. The heir (or buyer, if the car is being sold out of the estate) then takes that signed title, along with a certified copy of the probate papers (and the death certificate), to the title office to get a new title issued. The new title will be in the heir’s name or buyer’s name. Sales tax would apply only if it’s being sold to someone (not if it’s just being transferred to an heir as inheritance). The executor may also have to provide a copy of the will (if there is one) or an Ohio BMV form indicating who is inheriting the vehicle, depending on the situation.

Because dealing with a deceased owner’s vehicle can be complex, it’s often a good idea to call the title office ahead of time and explain the situation. They will tell you exactly what documents to bring (death certificate, any court papers, ID, etc.). If no probate is being filed at all (like if the estate is very small and there’s no formal executor), the title office can guide on alternative affidavits that might be used.

EZ Ohio Title can offer guidance in these cases or connect you with resources, but keep in mind that legal ownership transfer upon death often intersects with probate law. We can definitely help ensure you have the correct documents when you go to the title office. In summary: check for a TOD on the title first; if it exists, that’s the easiest path. If not, be prepared to follow Ohio’s estate procedures to get authorization for the transfer.