One Word Makes All the Difference
When a vehicle title lists two owners, everything hinges on a single word: the conjunction between the names. Whether the title reads "and" or "or" determines whether the surviving owner can transfer the vehicle directly or whether the estate needs to go through probate.
This distinction catches many families off guard. Two people may have purchased a car together decades ago without giving a second thought to how the names were printed on the title. But after a death, that one word controls the entire transfer process -- who has authority to sign, whether court involvement is needed, and how quickly you can get the vehicle into your name.
Understanding the difference now can save you weeks of frustration at the DMV and potentially thousands of dollars in legal fees.
"Or" Between Names: Right of Survivorship
If the vehicle title reads something like "John Smith OR Jane Smith," either owner has independent authority over the vehicle. Either person can sell, transfer, or otherwise deal with the vehicle without the other's signature.
When one owner dies, the surviving owner can transfer the title into their name alone without going through probate. This is the simplest scenario and the one most people hope applies to their situation.
How to Transfer an "Or" Title
The process is straightforward:
- Locate the original title and a certified copy of the death certificate.
- Visit your state's DMV (or equivalent motor vehicle agency).
- Present the title, death certificate, and your photo ID to the clerk.
- Complete the title transfer application -- the specific form varies by state.
- Pay the transfer fee -- typically $15 to $75 depending on the state.
Some states require the surviving owner to sign a brief affidavit confirming the other owner's death. Others handle it entirely through the standard transfer paperwork. In most cases, you can walk out the same day with a new title in your name alone.
"And" Between Names: Both Signatures Required
If the title reads "John Smith AND Jane Smith," the situation is more complex. The "and" designation means both owners must sign to transfer, sell, or otherwise deal with the vehicle. Neither owner can act independently.
When one owner dies, their interest in the vehicle does not automatically pass to the surviving owner. Instead, the deceased owner's share must pass through their estate. The surviving owner cannot simply sign for both parties.
What This Means in Practice
The executor or administrator of the deceased's estate will need to sign on behalf of the deceased owner. To do this, they need letters testamentary (or letters of administration if there was no will) from the probate court. This document gives the executor legal authority to act on behalf of the estate.
Once the executor has letters testamentary, they can sign the title alongside the surviving owner, and the vehicle can be transferred or sold. But getting letters testamentary requires opening a probate case -- which means court filings, potential waiting periods, and associated costs.
If the vehicle is the only significant asset in the estate, your state may allow you to use a small estate affidavit instead of full probate. Many states set the threshold between $25,000 and $75,000, and most vehicles fall below that limit.
"And/Or" and "JTWROS" Variations
Not all titles use a simple "and" or "or." Several variations exist, and their treatment depends on your state.
"And/Or"
Some states use "and/or" between owner names. This designation generally allows either owner to act independently -- meaning it functions like an "or" title for transfer purposes. When one owner dies, the surviving owner can typically transfer the title without probate, just as they would with a straight "or" title.
"JTWROS" (Joint Tenants With Right of Survivorship)
Some titles include the notation "JTWROS" or "Joint Tenants With Right of Survivorship." This explicitly grants survivorship rights -- when one owner dies, the surviving owner inherits the deceased owner's interest automatically. The vehicle passes outside of probate entirely.
If your title includes JTWROS language, the transfer process is essentially the same as an "or" title: bring the title, death certificate, and your ID to the DMV.
State-Specific Variations
A few states have their own unique title formats and terminology. For example, some states distinguish between "joint tenants" and "tenants in common" on vehicle titles, while others do not use these terms at all for vehicles. When in doubt, contact your state's DMV directly or check their website for guidance on how your specific title language is interpreted.
Community Property States
In the nine community property states -- Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin -- vehicle ownership after a death can involve additional considerations.
Vehicles purchased during a marriage in these states are generally considered community property, regardless of how the title is worded. This means the surviving spouse may have rights to the entire vehicle even if only one name appears on the title -- or even if the title uses "and."
However, community property rules interact with title law in complex ways. In practice, the DMV will still look at the title to determine the transfer process. A surviving spouse in a community property state who is not on the title may need to provide additional documentation -- such as a marriage certificate and a community property affidavit -- to claim the vehicle.
If you live in a community property state and are unsure of your rights, consult your state's DMV guidelines or speak with a probate attorney.
How to Check Your Title
The first step in any vehicle transfer after a death is to locate and review the title document. Here is how:
- Find the physical title. This document is sometimes called a "pink slip" (particularly in California) or a "certificate of title." It is typically a single page issued by your state's DMV.
- Look at the ownership section. The names of the owners and the connecting word ("and," "or," "and/or") will be printed in the owner information area.
- Check for lienholders. If there is an outstanding loan, the lender's name will appear on the title. The lien must be resolved before the title can be transferred.
If you cannot find the physical title, contact your state's DMV to request a duplicate or a title search. As the surviving owner, executor, or next of kin, you can typically obtain a copy by presenting a death certificate and your identification.
What If You Are Not on the Title at All?
If you are a spouse, child, or other family member who is not listed on the vehicle title, you cannot claim the vehicle based on joint ownership -- because there is no joint ownership. The vehicle belongs to the deceased's estate.
In this situation, the vehicle must pass through one of these channels:
- Probate: The executor distributes the vehicle according to the will, or if there is no will, according to your state's intestate succession laws.
- Small estate affidavit: If the estate qualifies, you may be able to skip full probate and claim the vehicle with a sworn affidavit.
- Transfer-on-death (TOD) beneficiary: Some states allow vehicle owners to designate a TOD beneficiary directly on the title. If the deceased registered a TOD beneficiary, that person can claim the vehicle with a death certificate -- no probate needed.
If you believe you are entitled to the vehicle but are not on the title, start by reviewing the will (if there is one) and checking whether a TOD beneficiary was designated. Your state's DMV can tell you whether a TOD designation is on file.
Steps for the Surviving Owner
If you are listed on the title as a joint owner, here is a clear action plan:
- Locate the title and check the ownership language -- "and," "or," "and/or," or "JTWROS."
- If "or" or "JTWROS" -- go directly to the DMV with the title, a certified death certificate, and your photo ID. Complete the transfer application and pay the fee.
- If "and" -- contact the executor of the estate or, if no executor has been appointed, consult with the probate court about opening proceedings. The executor will need letters testamentary to sign on behalf of the deceased.
- Ensure insurance remains active during the transition. Do not cancel the deceased's auto insurance until the title is in your name and you have your own coverage in place. A gap in coverage could leave you financially exposed.
- Update the registration in your name once the title transfer is complete. You may also need to obtain new license plates or transfer existing ones, depending on your state.
How SwiftProbate Can Help
Figuring out whether a vehicle needs to go through probate is just one piece of settling an estate. SwiftProbate generates a personalized task list based on your loved one's specific assets, your state's laws, and your role in the process. Instead of researching DMV rules, probate requirements, and court procedures across multiple websites, you get a clear, step-by-step plan tailored to your situation.
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This article is for informational purposes only and is not legal advice. Consult an attorney for guidance specific to your situation.