Losing a loved one is never easy, and handling their affairs—including transferring vehicle ownership—can add to the stress. If you need to transfer a deceased relative’s vehicle in Arizona, the process varies depending on factors such as whether the car was jointly owned, if there was a will, and the vehicle’s value.
A probate lawyer in Mesa can help you navigate this process, ensuring all legal requirements are met and avoiding unnecessary delays. This guide will walk you through the steps to transfer a vehicle after the owner’s passing, whether through probate or a simplified process.
When Can You Transfer a Vehicle Without Probate?
In some cases, you may be able to transfer the vehicle without going through probate if you meet all the following conditions:
- The deceased owned the vehicle in their name only (not jointly).
- At least 30 days have passed since their death.
- The vehicle’s value is less than $50,000.
- You are legally entitled to inherit the vehicle, either through intestate succession (if there is no will) or as designated in the will.
If these conditions are met, Arizona allows for a simplified transfer process using an affidavit of succession, which avoids probate entirely.
Steps to Transfer a Vehicle Without Probate
- Obtain a Death Certificate – Request a certified copy from the Arizona Office of Vital Records.
- Complete the Affidavit of Succession – Fill out Form 32-6901, the Arizona non-probate affidavit.
- Notarize the Affidavit – Sign the form in front of a notary public or Arizona MVD agent.
- Submit the Documents – Provide the Arizona Department of Motor Vehicles (MVD) with:
- Affidavit of Succession
- Death Certificate
- The original vehicle title
- Your government-issued ID
- Pay the Title Transfer Fees – Fees vary depending on the vehicle and county.
When Is Probate Required to Transfer a Vehicle in Arizona?
If the deceased’s vehicle is valued at $50,000 or more, or if there are multiple heirs disputing ownership, the transfer will likely need to go through probate. This legal process ensures the proper distribution of assets according to Arizona law.
Steps to Transfer a Vehicle Through Probate
- Open a Probate Case – File a petition with the Maricopa County probate court to begin the process.
- Appoint an Executor – The court will officially designate an executor or personal representative to handle the estate.
- Gather Necessary Documents – The executor will collect:
- The original title of the vehicle
- The deceased’s will (if applicable)
- Probate court order authorizing the transfer
- Complete the Title and Registration Application – Use Form 96-0236 to apply for the new title.
- Submit Documents to ADOT – The executor or new owner must present all required paperwork.
Probate can take several months, and legal guidance from a probate lawyer in Mesa can help streamline the process.
Special Considerations for Vehicle Transfers
1. What If the Vehicle Had a Loan or Lien?
If the deceased still owed money on the vehicle, the lender must be paid off before transferring ownership. The executor of the estate should contact the lender to determine the remaining balance and possible repayment options.
2. What If the Title Has Multiple Owners?
- If the title lists “John Smith OR Jane Smith”, the surviving owner automatically becomes the sole owner.
- If the title says “John Smith AND Jane Smith”, probate may be necessary to determine the rightful owner.
3. What If the Vehicle Was Designated for Transfer on Death (TOD)?
Arizona allows vehicle owners to name a beneficiary using a Beneficiary Designation Form (Form 96-0561). If this was done, the named individual can claim the vehicle without probate by presenting the form and a death certificate to the MVD.
4. Can You Sell an Inherited Vehicle?
Yes, but the process depends on how you inherited it:
- If received through probate, the new owner can sell it after the probate court confirms their ownership.
- If inherited through a TOD or affidavit process, the new owner can sell it after completing the title transfer with the MVD.
Speak with a Probate Lawyer in Mesa for Help with Transferring Vehicle Ownership after a Death
Transferring vehicle ownership after a loved one’s passing can be complicated, especially when probate is involved. LifePlan Legal AZ can help you navigate the legal process and ensure all paperwork is properly handled. Schedule a Strategy Session today to get experienced guidance on your estate and probate needs.
Key Takeaways
- Arizona allows for a simplified vehicle transfer process if the car is worth less than $50,000 and at least 30 days have passed since the owner’s death.
- Probate is required for vehicles over $50,000 or if ownership is disputed.
- Joint ownership and TOD designations may allow for automatic transfers.
- Outstanding loans and liens must be settled before a title transfer.
- A probate lawyer in Mesa can help you navigate legal complexities and ensure a smooth transfer process.
