What Happens If Two People Own a Car And One Dies in Michigan
When one of two owners listed on a Michigan vehicle title dies, the transfer of vehicle ownership depends on how the title is registered, the relationship between the owners, and whether probate proceedings are initiated. Michigan law provides streamlined procedures for surviving spouses and heirs to obtain vehicle titles without opening a probate estate, provided the total value of the vehicles does not exceed the statutory limits. The Secretary of State's office manages vehicle title transfers following death and provides forms and guidance for heirs and surviving spouses.
Determine How the Names Appear on the Michigan Car Title
The manner in which owners' names appear on a Michigan certificate of title significantly affects the transfer mechanism upon the death of a co-owner. Michigan recognizes specific title formats that determine whether ownership automatically vests in the surviving owner or requires estate procedures.
If the Title Shows Survivorship Language
If the current vehicle title is registered in both names with the legend "Full Rights to Survivor" printed on it, all that is needed to transfer ownership to the surviving owner is the title itself, a certified copy of the death certificate, and identification. The surviving owner's ownership vests by operation of law, and no probate court involvement is necessary. The surviving owner must visit a Secretary of State office to obtain a corrected title reflecting sole ownership.
If the Title Does Not Show Survivorship Language
If the vehicle title does not contain the "Full Rights to Survivor" legend, the surviving co-owner does not automatically acquire ownership through operation of law. In this circumstance, ownership transfer depends on the total value of the deceased owner's vehicles and whether a probate estate is opened. Under Michigan law (MCL 257.236), the surviving spouse or closest heir may transfer the vehicle directly through the Secretary of State without probate if the vehicle's value does not exceed the statutory threshold.
Michigan Car Title Rules After One Owner Dies
Michigan recognizes three distinct pathways for vehicle title transfer following the death of a co-owner, depending on the title format and probate status. When a vehicle is titled with the "Full Rights to Survivor" legend, the surviving owner must present the original title, the death certificate, and identification to a Secretary of State office to complete the transfer.
When probate is opened through the Probate Court, the Personal Representative (executor or administrator) appointed by the court obtains legal authority to transfer the vehicle. The Personal Representative must assign the vehicle title to the new owner and provide a Letter of Authority from the Probate Court as proof of appointment.
Michigan law also provides an affidavit procedure for vehicle transfers without probate. Under MCL 257.236, if a deceased owner's total vehicle value does not exceed $100,000 (for the 2024 and 2025 calendar years), or the cost-of-living adjusted amount for 2026 and thereafter, the surviving spouse or closest heir may transfer the vehicle by completing a Certification from the Heir to a Vehicle (TR-40a) Form and providing it to a Secretary of State office with the death certificate and vehicle title.
Does a Car Go Through Probate in Michigan if One Owner Dies?
A vehicle titled in both names with "Full Rights to Survivor" printed on the title does not require probate proceedings to transfer to the surviving owner. The vehicle passes automatically to the surviving owner by operation of law.
If a probate estate is opened for the deceased owner's other property, the Personal Representative appointed by the Probate Court obtains authority to transfer all of the deceased's vehicles, including jointly titled ones. The Personal Representative must provide the Probate Court-issued Letter of Authority when transferring the title.
If a probate estate is not opened and the total value of the deceased owner's vehicles does not exceed the statutory threshold, the surviving spouse or closest heir may transfer the vehicle using the affidavit procedure. The surviving spouse has priority; if there is no surviving spouse, the closest next-of-kin in the order specified under Michigan law (MCL 700.2103) may apply. This includes children, then parents, then siblings in a defined order.
How To Transfer a Car Title in Michigan After a Co-Owner Dies
The process for transferring a Michigan vehicle title following the death of a co-owner varies depending on the title format and whether probate is involved.
General Process
For vehicles titled with the "Full Rights to Survivor" legend, the surviving owner visits a Secretary of State office with the original title, a certified copy of the death certificate, and a valid driver's license or state identification card. The surviving owner completes the necessary paperwork to obtain a corrected title in his or her name alone.
For vehicles requiring affidavit-based transfer (when the deceased owner's total vehicles do not exceed the statutory value threshold and probate is not being opened), the surviving spouse or closest heir must complete a Certification from the Heir to a Vehicle form (TR-40a), which must be verified at a Secretary of State office. The heir must present the original vehicle title (if available), a certified copy of the death certificate, the completed TR-40a, and valid identification to a Secretary of State office. If multiple heirs exist and not all wish to take ownership, each heir declining the vehicle must submit a Certification of No Interest form (TR-40b). If the vehicle is being transferred to a third party (someone other than the closest next-of-kin), the heir must complete a Certification of Ownership Transfer form (TR-40c).
For vehicles transferred by a Personal Representative from a probated estate, the Personal Representative must visit a Secretary of State office with the original title (signed by the Personal Representative), the Letter of Authority from the Probate Court proving the appointment, proof of Michigan No-Fault insurance if registering the vehicle, and valid identification.
Applicable Fees
Michigan's title and registration fees for vehicles transferred after the death of a co-owner are structured as follows:
| Fee Type | Amount | When It Applies |
|---|---|---|
| Title transfer fee | $15 | When transferring ownership to a new owner or correcting the title |
| Title transfer fee with lien | $16 | When a lien is recorded on the vehicle being transferred |
| Duplicate or replacement title | $15 | By mail (14-day delivery); or $20 for same-day instant title at office |
| Title correction fee | $15 | When correcting existing title information |
| Plate transfer fee | $10 to $15 | When transferring existing registration plates to a new owner |
| Sales tax | 6 percent | Applied to the transfer transaction unless exempt |
| Registration fee | Varies | Depends on vehicle type and weight; calculated annually |
No sales tax is owed if the person being added as owner is a qualified exempt family member, such as an immediate family relative. If the new owner is not an immediate family member or is not the spouse of the closest next-of-kin inheriting the vehicle, the transaction is subject to a 6 percent sales tax.
Surviving Spouse
Michigan law does not provide a separate fee exemption specifically for surviving spouses transferring a jointly titled vehicle. However, if the title is registered with the "Full Rights to Survivor" legend, the surviving spouse acquires ownership by operation of law and pays the standard $15 title transfer fee (or $16 if there is a lien) to update the title. If the vehicle is being transferred to the surviving spouse from a probated estate or through the affidavit procedure, standard fees apply.
Documents Needed to Transfer a Michigan Car Title After Death
The documents required depend on whether the title contains the "Full Rights to Survivor" legend, whether probate is involved, and whether multiple heirs are involved.
Common Documents
For vehicles titled with "Full Rights to Survivor":
- Original vehicle title
- Certified copy of the death certificate
- Valid driver's license or state identification card of the surviving owner
- Proof of Michigan No-Fault insurance (if registering the vehicle)
For vehicles transferred using the affidavit procedure (no probate, value under statutory limit):
- Original vehicle title (or vehicle registration and proof of ownership if title is unavailable)
- Certified copy of the death certificate
- Certification from the Heir to a Vehicle form (TR-40a), verified at a Secretary of State office
- Certification of No Interest form (TR-40b) from any heir not taking ownership
- Certification of Ownership Transfer form (TR-40c), if the vehicle is being transferred to a third party
- Valid driver's license or state identification card for each heir submitting forms
- Odometer disclosure statement (vehicles subject to federal odometer disclosure requirements)
- Lien termination statement, if applicable
For vehicles transferred through a probated estate:
- Original vehicle title, signed by the Personal Representative
- Letter of Authority from the Probate Court establishing the Personal Representative's appointment
- Certified copy of the death certificate
- Valid driver's license or state identification card of the Personal Representative
- Proof of Michigan No-Fault insurance (if registering the vehicle)
- Odometer disclosure statement
What if There Is a Loan on the Car?
If a lienholder has a recorded security interest in the vehicle, the lienholder's name and information appear on the vehicle title. The title transfer fee increases from $15 to $16 when a lien is present on the vehicle.
If the lien has been paid off before the transfer, the lienholder must provide a lien termination statement or a signed title release. If the vehicle is financed through a bank or financial institution participating in Michigan's Electronic Lien and Title (ELT) system, the lienholder will automatically mail a corrected title after the lien is resolved.
The heir or surviving owner must present any lien termination documents or title signed by the lienholder to the Secretary of State office when completing the transfer. If the loan remains outstanding, the lienholder's information will remain on the new title until the loan is satisfied and released.
Contact Information
Michigan Secretary of State
7064 Crowner Drive, Lansing, MI 48918
Phone: (888) 767-6424
Official Website: Secretary of State
