Virginia Certificate of Heir to obtain Transfer of Title to Motor Vehicle without Probate (Vehicle not Bequeathed in Will)
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How to fill out Certificate Of Heir To Obtain Transfer Of Title To Motor Vehicle Without Probate (Vehicle Not Bequeathed In Will)?
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FAQ
In most cases, the spouse's will determines what happens to their property. So, you must look over the will with an attorney to see if you're entitled to their property. However, if your husband didn't have a will, you may automatically inherit the property, depending on your state's laws.
Once you have the legal authority to transfer the car's ownership, you'll need to complete the process through the state department of motor vehicles (DMV), including providing documentation such as a death certificate, your photo identification, and a letter from the court.
Owners of a motor vehicle, trailer, or semitrailer titled in Virginia may designate a beneficiary to receive ownership of the vehicle upon the death of the last surviving owner. This "transfer on death" title will list the names of the owners, followed by "transfer on death" or "TOD" and the name of the beneficiary.
If an executor or administrator has not been appointed, to receive a new title and registration in your name, submit the following to DMV: Certified or notarized death certificate. Vehicle title. ... Proof of address. Payment of appropriate fees. ... One of the following:
In simple situations where you own the vehicle outright and wish to transfer ownership to someone else, all you must do is complete a title certificate. Once you have filled out and signed the certificate, the buyer or recipient can take the title to a local DMV office and officially transfer ownership.
A surviving spouse who isn't in a community property state and whose name isn't on the car loan isn't responsible for the loan. So, it may be your choice whether to assume payments if the car goes to you after probate. This is also true for any other beneficiary whose name is not on the loan.
The executor of your dad's estate should see to it that ownership is transferred to you under the terms of his will. Once it is, then you can register it. If there was no will and no court awarded you ownership of the car your best bet would be to consult an attorney.
If a person dies intestate, and the person owned a vehicle, the person's spouse automatically becomes the owner of the vehicle. If the decedent owned more than one vehicle, the surviving spouse may choose one of the vehicles.