Transferring Property and Vehicles After a Death

What determines how property transfers?

How property passes after a death depends on two things: how the property was titled and whether the deceased set up any transfer-on-death arrangements before they died.

Property that was jointly owned, held in a trust, or had a TOD designation usually transfers without probate. Property titled solely in the deceased's name generally goes through probate unless the estate qualifies for a simplified process like a small estate affidavit.

The type of property also matters. Vehicles, real estate, boats, and firearms each have their own transfer process and paperwork.

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Vehicles

Transferring a vehicle title after the owner dies is one of the most common property transfers. The process depends on how the vehicle was titled and the size of the estate.

Joint ownership

If two names appear on the title joined by "or" (for example, "Jane Smith or John Smith"), the surviving owner already has full legal authority over the vehicle. Take the following to your local DMV or motor vehicle agency:

• The vehicle title
• A certified death certificate
• Your government-issued photo ID
• A title transfer application (provided by the DMV)

The DMV will issue a new title in the surviving owner's name. Some states, like Virginia, allow surviving co-owners to complete this process online. Fees vary by state but are generally under $50.

Transfer-on-death (TOD) designation

Many states allow vehicle owners to name a beneficiary on the title who will receive the vehicle when the owner dies. If a TOD designation was recorded before the death, the beneficiary takes the title, a death certificate, and their ID to the DMV. No probate is needed.

Probate transfer

If the vehicle was titled solely in the deceased's name with no TOD designation, it becomes part of the probate estate. The executor or administrator transfers it after receiving court authority. You will need:

• A court order or Letters Testamentary authorizing the transfer
• The vehicle title (or an application for a duplicate if lost)
• A certified death certificate
• An odometer disclosure statement
• Payment for title and registration fees

Small estate affidavit

If the total value of the deceased's personal property falls below a dollar threshold set by state law, you may be able to transfer the vehicle using a small estate affidavit instead of going through full probate. This is a signed, notarized statement that you are entitled to the property.

Thresholds and requirements vary widely by state. Common examples:

• California: $208,850 for deaths on or after April 1, 2025 (vehicles are often excluded from the calculation)
• North Carolina: $20,000 in total personal property, with a 10-day waiting period after the death
• Arizona: $200,000, with a 30-day waiting period
• Utah: $100,000, with a 30-day waiting period

Check your state's probate court or DMV website for the exact threshold, required waiting period, and the specific affidavit form. These thresholds are adjusted periodically (California's, for example, is indexed to the Consumer Price Index), so verify the current figure before filing.

Keep insurance active

Do not cancel the vehicle's insurance until the title has been transferred or the vehicle has been sold. If the vehicle is involved in an accident while uninsured, the estate (and potentially the executor) could be liable.

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Real estate

Real estate transfers after a death depend on how the property was titled and whether the owner used any probate-avoidance tools.

Property held in joint tenancy or a living trust passes without court involvement. Transfer-on-death deeds, available in 33 states, also skip probate. Property titled solely in the deceased's name goes through probate unless the estate qualifies for a simplified process.

Joint tenancy with right of survivorship

If the property was owned in joint tenancy with right of survivorship (common for married couples), it automatically passes to the surviving owner when one owner dies. To clear the title, the surviving owner records the following with the county recorder's office:

• A certified death certificate
• An affidavit of survivorship (some counties require this, others do not)

No probate is needed. The surviving owner already has full title.

Transfer-on-death (TOD) deeds

33 states currently allow transfer-on-death deeds (also called beneficiary deeds), including recent additions like New York (2024) and Delaware. These work like a TOD designation on a vehicle title: the owner names a beneficiary while alive, keeps full control of the property during their lifetime, and the property transfers automatically at death without probate.

States that do not allow TOD deeds include Alabama, Connecticut, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, New Hampshire, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, and Vermont.

Some of these states offer alternatives like Lady Bird deeds (Florida, Michigan) or allow similar results through living trusts. This list changes as states add TOD deed statutes, so check your state's current law.

After the owner dies, the beneficiary records the death certificate with the county recorder's office and files any required affidavit to complete the transfer.

The owner can revoke or change a TOD deed at any time while alive. The beneficiary has no ownership interest until the owner dies.

Life estate deeds and Lady Bird deeds

A life estate deed allows the owner to live in and use the property for their lifetime, with ownership automatically passing to a designated "remainderman" at death. This avoids probate but limits the owner's ability to sell or mortgage the property without the remainderman's consent.

An enhanced life estate deed (commonly called a "Lady Bird deed," available in a limited number of states) gives the owner more flexibility. The owner retains full control, including the ability to sell, refinance, or revoke the deed, without the remainderman's approval.

Living trust

If the property was held in a living trust, the successor trustee transfers it to the beneficiary according to the trust's terms. No court involvement is needed. The trustee records a new deed and a copy of the trust certification with the county recorder.

Probate transfer

If the property was owned solely by the deceased and none of the above arrangements were in place, it transfers through probate. The executor or administrator receives court authority to sell the property or transfer the deed to an heir. This process can take months to over a year depending on the state and the complexity of the estate.

Property in multiple states

If the deceased owned real estate in more than one state, a separate probate proceeding (called "ancillary probate") is required in each state where they owned property. This means filing with each state's probate court, potentially hiring an attorney licensed in that state, and paying separate court fees and legal costs.

For estates with property in two or three states, ancillary probate can add months to the process and thousands of dollars in legal fees.

TOD deeds and living trusts can avoid ancillary probate entirely, which is one reason estate planners recommend them for people who own property in multiple states.

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Boats and watercraft

Boat transfers follow the same general pattern as vehicles. State-titled boats (most small to mid-size boats) transfer through the DMV or a state wildlife agency using the same documents: the title, a death certificate, and proof of your authority (Letters Testamentary, small estate affidavit, or proof of joint ownership). If the boat was jointly titled with right of survivorship, the surviving owner needs only the title and a death certificate. Larger vessels documented with the U.S. Coast Guard require paperwork through the National Vessel Documentation Center (NVDC), including a notarized transfer form (CG-1270 or CG-1340) and proof of legal authority.

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Firearms

Firearms transfers after a death have both federal and state requirements that differ depending on the type of firearm.

Standard firearms (rifles, shotguns, handguns) can often transfer to a same-state heir without a dealer. NFA-regulated items like suppressors and short-barreled rifles require ATF approval using Form 5, which waives the usual $200 transfer tax for inheritance.

Standard firearms

Standard firearms can generally be transferred to an heir without going through a Federal Firearms Licensee (FFL) or paying a transfer tax, provided both the deceased and the heir are residents of the same state and the heir is legally allowed to possess firearms. If the heir resides in a different state, the transfer must go through an FFL.

State laws vary. Some states require all transfers, including inheritances, to go through an FFL or require registration. Check your state's laws before taking possession.

NFA-regulated items

Items regulated under the National Firearms Act (suppressors, short-barreled rifles and shotguns, machine guns, destructive devices) require ATF approval to transfer, even to an heir. However, inheritance transfers are tax-exempt (no $200 transfer tax) and use ATF Form 5 instead of the standard Form 4.

To transfer an NFA item to an heir:

1. Download ATF Form 5 from the ATF website.
2. Complete and submit the form with a certified death certificate and documentation showing you are the lawful heir (will, court order, or letters of administration).
3. Wait for ATF approval before taking possession. Processing times vary but can take several months.

Firearms trusts

If the deceased held firearms in a gun trust, the successor trustee distributes them to the trust's beneficiaries according to the trust document. NFA items in a trust still require ATF Form 5 for transfer to a beneficiary, but the trust avoids probate and simplifies the process.

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Personal property and other assets

Household goods, jewelry, collectibles, and other personal property generally transfer to heirs through the will or through intestate succession if there is no will. For small estates, a small estate affidavit may allow the transfer without probate.

Some types of personal property, including business interests, intellectual property, and digital assets, require formal transfer procedures.

Some personal property may need formal transfer:

• Business interests: Ownership shares in an LLC or partnership transfer according to the operating agreement or partnership agreement. Some agreements restrict transfers and may require the remaining members to buy out the deceased's interest.
• Intellectual property: Copyrights, patents, and trademarks are property that passes through the estate like any other asset. The executor should record the transfer with the relevant government office (U.S. Copyright Office, USPTO).
• Digital assets: Online accounts with monetary value (cryptocurrency wallets, domain names, royalty-generating content) may require specific transfer procedures. See our guide to closing financial accounts for more on digital accounts.

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Common mistakes to avoid

The most common mistakes involve gaps in insurance coverage, unnecessary probate proceedings, missed ancillary probate in other states, and illegal possession of NFA firearms.

These errors can create liability, cost money, and in the case of firearms, carry criminal penalties.

• Driving an uninsured vehicle. Keep the deceased's auto insurance active until the vehicle is sold or the title is transferred. Gaps in coverage create liability.
• Skipping the small estate affidavit. Many people assume they need full probate to transfer a car when a simple affidavit would work. Check your state's threshold before hiring an attorney.
• Ignoring ancillary probate. If the deceased owned real estate in another state, it does not automatically transfer through the home state's probate. A separate proceeding is required.
• Taking possession of NFA items without ATF approval. Possessing an unregistered NFA firearm is a federal felony. File ATF Form 5 and wait for approval before taking possession.
• Forgetting to update the deed after a joint owner dies. Even though ownership passes automatically in joint tenancy, the county records still show the deceased's name. Record the death certificate to clear the title, especially before selling or refinancing.

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Document checklist

Here are the key documents you will need for different types of property transfers. The specific forms vary by state, but this covers the essentials for vehicles, real estate, boats, and firearms.

Document	Where to get it	What it is used for
Certified death certificate	Vital records office, funeral home	Every transfer
Vehicle title	Owner's records, DMV (duplicate)	Vehicle transfer
Letters Testamentary / Letters of Administration	Probate court	Probate transfers
Small estate affidavit	State probate court website, DMV	Non-probate transfers below state threshold
Property deed	County recorder's office	Real estate transfers
Trust certification	Attorney, trustee	Trust-held property transfers
ATF Form 5	atf.gov	NFA firearms inheritance
Boat title or Certificate of Documentation	State agency or NVDC	Boat and vessel transfers