To sell a vehicle titled to a deceased person (people) – a Certificate of Death is required.
The exception to this would be if the deceased owner had signed the title prior to death. In this case nothing further is required.
If the vehicle is not subject to Probate:
Assignment of a Vehicle to a Surviving Spouse/Not Subject to Probate (PS 2071)
This form must be signed and notarized by the surviving spouse or heirs (adult children, parents, siblings) who affirm they have the authority to represent all heirs and that the estate is not subject to probate.
Probate Letter/Letter of Testamentary:
Legal document from the district court appointing the personal representative (executor) of the estate is required.
**When sending the paperwork to the DMV, a copy of the original will be made for them stating “Viewed original paperwork” and initial by the person who viewed it.
Trust:
Vehicles sold using trust paperwork must be titled in the trust name.
**The person/people designated on the paperwork would be the signer on the signature line. No designation is needed with the signature as paperwork is required to be submitted with the title work.
If the title is in 2 owners names, 2 signatures are required. Even if both owners are deceased and the child/representative is signing the title.
Examples of situations and paperwork required.
When the title has 2 titled owners (husband & wife):
The wife is deceased & the husband is in a nursing home with a POA. An Assignment of a vehicle to a surviving spouse/not subject to probate form is needed for the deceased wife. The POA will sign the surviving spouse form once and the title 2 times.
When the title has 2 titled owners (husband & wife):
Both the wife & husband are deceased. Wife passed first and property went to husband. Husband has Letter of Testamentary. An Assignment of a Vehicle to a Surviving Spouse/Not Subject to Probate is needed for the wife. Executor will sign title 2 times.
When the title is in a company name (not going through probate):
If the title is in a company name only, no form is needed for title transfer. If the title is in the company and persons name, a PS2071 is used for the persons name.
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