Transferring Title of a Vehicle Without Probate
by Michael R. Cahill, Esq.
I've written in the past about how to transfer title of a vehicle into a beneficiary's name after probate, and in that post reference the possibility that use of the Nevada DMV's Affidavit for Transfer of Title for Estates Without Probate (Form VP-024) may sometimes be more appropriate. That is indeed the case when the deceased (aka the decedent) left behind a vehicle and the following is true:
- The total value of the decedent’s probate estate is less than $25,000,
- Probate proceedings haven’t already been initiated,
- All debts have been addressed,
- The person completing the affidavit (the “affiant”) has properly notified all those similarly entitled to the vehicle, and
- The affiant is truly entitled to the vehicle.
If you believe these facts are true and are willing to swear under the threat of a felony to them as stated on the form along with the information you add to it, then here are the steps to completing the form:
- Write your full name as affiant.
- Write in the date and the name of the deceased vehicle owner.
- Write in your relationship to the deceased.
- Write in the year, make, and model.
- Write in the vehicle’s VIN.
- Explain your reason for being personally entitled to the vehicle or your entitlement on another’s behalf.
- Write in your address.
- DO NOT SIGN!
Upon completion, bring the form, the certificate of death, and the title to the DMV. You will sign the form in the presence of the DMV representative. If you do not have the title, the representative can usually order a duplicate title and then immediately process the Affidavit on the spot.
About Michael R. Cahill
Mr. Cahill has spent his professional career dedicated to assisting clients with planning their estates, protecting their assets from creditors, and creating business entities to operate companies or manage investments.
Learn more about the attorney →Discussion
20 commentsQuestions and answers from our readers
Kelly Terracina
Thank you for your article above. My sister's husband passed away two weeks ago and left behind a car fully paid for and a title with his name on it. However, there is no will. I wanted to clarify that my sister can complete form VP-024 and receive the title if she wishes to sell the car. The only other caveat is that we moved my sister from Nevada, where the car is titled and where my brother in law passed away, to Virginia. May my sister send her sister in law a Power of Attorney so my sister will not have to fly back to Nevada to sign the form in person at the DMV?
Michael R. CahillAttorney
It's definitely worth a call to the DMV to find out the answer. I know I recommend not signing in the instructions, but signing the form before a notary is an option and she could then submit the documentation through the mail which should resolve the issue of her not being there in person. She might also check with the Virginia DMV to see if they have an even simpler process that could save a step.
Jessica Markham
Thank you for this article it was very helpful. I am in Colorado, my Stepmom who lived in Nevada passed and now I have her truck. I do have a question though. Can this form be notarized by someone in Colorado, then mailed to Nevada? We do not have a copy of the title either. I really don’t want to have to fly to Nevada to do all of this if I don’t have to.
Michael R. CahillAttorney
Yes it can be notarized in your home state. You do not need a Nevada notary to notarize it.
Norma Blanchard
I live in ohio and what forms is the best to transfer deceased fAthers car to me without going to probate
norma blanchard
I live in ohio,how do I get the title of my deceased dads car, its a 2004 and itsnt value over 4000, my sister who lives out of state was the poa of my dad. she and my 2 brothers agreed I could have the car, since my is no longer running. I don't want to go through proate, I don't have the money, im a low income senior who needs transportation could you please explain how I can go about getting the title in my name. he had a will and everything went to my mom, but she recently passed away, and the sisblings would have everything once she passed away.
Michael R. CahillAttorney
The process in this blog is the one you'll need to follow. Given the current circumstances and the fact that you're not going to be traveling to Nevada regardless, I recommend you give the DMV a call and they can walk you through how to do this by mail. But the affidavit of entitlement is your best bet.
Olga
Thank you for the useful information. I have Form VP-024 certified by a notary and a title in the name of my deceased husband. How can I sell a car with these two documents?
Yolanda
My brother left behind his car and title he was an Illinois resident the state of Illinois refuses to give me a title in my name because I was not an Illinois resident
I went to Nevada dmv they refused to give me the title in my name because his estate did not go into probate I don’t know what to do.
Michael R. CahillAttorney
If he was an IL resident when he died then IL has jurisdiction and you'll need to follow IL rules to change title on the vehicle. NV won't be able to help you.
Misty
My dad passed away without a Will. My brothers all wrote statements they didn’t want anything so I get the mobile home and car. How do I get them in my name without it costing a fortune. I have paid lot rent for the last year all the bills and registration and insurance on the car. But I would like to have them in my name can it be done without a attorney? And can I claim my dad for last year since I paid the bills even though he died in January 11,2021. Or did he have to be alive the whole year. Thank you
Bruce Viviani
My brother passed 2 years ago I have his motorcycle he passed in Nevada I’m I calif property owner and lawyer sent a letter to pay his bill to get his property how do I get a pink slip for the bike it’s in California
Sally T
My brother-in-law left a car under his name. My sister paid the car loan off, and now the bank refuses to release the title because it's under my deceased brother-in-law's name. DMV can not transfer the title or order a duplicate because the bank hasn't released the title.
Jennifer Duran
My brother passed away and has a tuck worth $30,000 and a trailer worth $30,000. He owes $26,000 on the trailer. He had a living trust but did not specifically include those in the trust.
Can we sell those items without probate? Can we just use the DMV affidavit and sell them? Basically I am just asking how to go about selling those two items.
Thank you
Cindy
Hello I have a friend who passed away leaving me his old Cadillac. The people with whom he used to reside with are trying to take the car from me. What can I do legally there's no probate, no will, no next of kin...warm reguards-
Heather Bond
Hi. This is very good information, thank you. I am researching for a friend (whose son was killed in Nevada) how to transfer the deceased's paid-off truck to the deceased's brother who also lives in NV. As the mother she is the next of kin/beneficiary and has the physical title. I don't know if there's a Transfer on Death on the title.
Am I correct in thinking she'll need to go to the DMV with truck Title, Death Cert., vehicle license plates and his original drivers license, and form VP-024? Will she need VP-0241 also? Will the brother also need to be present in order to change registration and show proof of insurance?
I appreciate anything you can provide clarification on.
James Order
Hello.
I can have the affidavit witness done at the DMV? I do not have to first go to a Notary of a public ?
Maria Minster
Thank you for a very helpful article. My case is a bit different. The vehicle title is held by my late-father's living trust. I am the Successor Trustee and sole beneficiary. The form VP-024 would not be applicable since there is also a home (real property) held by the trust and the total value exceeds the limits. What would be the proper process to have DMV transfer the title to me? Would it best just to call and ask DMV directly? I have done that in the past and found the local office to be very helpful. Thank you.
Iris Bustamante
My sister passed away 2 and a half weeks ago. She did not leave a will. Before that, 2 and a half years ago our dad passed away leaving a will that my sister gets everything of his. However, My sister never put her name on the title of the car he and my mother owned. It is still in their names.
I would like to take ownership of the car owned by my parents in lieu of costs to me, rent, electric bill and funeral cost and sell the car. I have all the paper but not the car. My sister's grandson is driving it to get to work. He is still living in the home that they rented from me and has not paid the mentioned debt above. Can I still fill out the form without mileage and transfer the title to me with all the other paperwork?
Nicole Rae Chavez
So, my mother just passed away recently and I am her next of kin. She had a boyfriend and he won't give me the car he agreed to let me pick it up saying he's not trying to keep it he even spoke with my uncle regarding the same thing and said he knows that it's mine and he has his own car. Well he was lying and I did as he said and went to the location of the car in front of the hotel he is a resident and employee of. However, he did it just to have me removed by security from the property. He showed videos of him picking up my moms as and dropping them to the point it ripped her iv out so I had him banned from the hospital and care facility she was in. The reason he had the video's I came to understand is because he took her wallet once she became non responsive and drained her accounts in a two week time period. So I locked the card when I figured out. But he said he won't say he has the keys and only if I turn the card back on will he give the keys to me the day he had me removed from the hotel and now I do not know what to do to even get the car, or anything else she has left. Please I'm currently homeless and on disability myself I can't afford to get an attorney to help me what could I do will the police escort me to the car since I have the documents of her death and they state I'm next of kin.