How to Transfer a Car Title After Death in Alabama

We found no transfer-on-death (beneficiary) option for car titles in Alabama. The Department of Revenue's deceased-owner rule (Rule 810-5-75-.09) describes only two routes: the next of kin, when the estate will not be probated, and the executor or administrator, when it will. No official source says outright that TOD is unavailable, so contact your county license plate issuing official to confirm if your title shows a beneficiary.

The closest thing in Alabama is a joint title with the names joined by "or", which passes the car to the surviving owner. See The Car Was Co-Owned, No Probate (Small Estate or Heirs) or An Executor Has Been Appointed below.

When it applies: two people are named on the title. In Alabama, the word between the names decides what happens (Rule 810-5-75-.40):

• "or" or "and/or": joint owners with right of survivorship. The surviving owner owns the whole car the moment the other owner dies, and it does not go through the estate.
• "and", or no word at all: owners in common. The deceased owner's share goes to their estate, so the no-probate or executor routes apply to that share.

If both owners have died, Shelby County says the estate of the last surviving owner decides who owns the car.

Steps

1. Look at how the names are joined on the front of the title.
2. For an "or" or "and/or" title, take the original title and the death certificate to your county license plate issuing official to remove the deceased owner's name. The Department of Revenue says a death certificate is enough for this change to the title and registration.
3. Apply for the new title promptly. Current state law (Code § 40-12-260) gives a surviving spouse 20 days to apply for a title in their own name. Shelby County's page says a surviving owner has 30 days, which matches older wording of that law. Treating 20 days as the deadline is the safer course; your county office can confirm.
4. For an "and" title, the deceased owner's share belongs to the estate. Use the Next of Kin Affidavit if the estate will not be probated, or the executor route if it will be.
5. The names on the new application and the title assignment must be joined the same way ("and" vs "or"), or the Department will reject the application.

Forms

• Next of Kin Affidavit, Form MVT 5-6 (only for the deceased owner's share of an "and" title when the estate will not be probated)

Documents

• Original Alabama certificate of title
• Death certificate of the deceased owner (Shelby County asks for the original)
• Valid driver's license or state ID for each owner, and proof of insurance if registering (Shelby County)
• For an "and" title: the estate documents listed in the no-probate or executor situations

When it applies: your spouse owned the car, alone or with you. Alabama has no spouse-only vehicle affidavit and no spouse-specific dollar limit for cars.

• If you are a co-owner on an "or" or "and/or" title, the car is already yours. Follow The Car Was Co-Owned.
• If the car was in your spouse's name only, you use the same routes as other heirs: the Next of Kin Affidavit if the estate will not be probated, or the executor route if it will be.

Current state law (Code § 40-12-260) says a surviving spouse who wants to drive a car passed down from the deceased spouse must apply for a title in their own name within 20 days of becoming the owner. The licensing official then transfers the license plate to the spouse. Some older Department of Revenue and county pages still say 30 days; the current statute says 20.

Steps

1. If the estate will not be probated, complete the Next of Kin Affidavit as one of the heirs, and sign the title assignment (or the replacement title application) yourself.
2. If the estate is being probated, the executor or administrator signs the title over using the letters from the probate court.
3. Take the title, the affidavit (if used), the death certificate, your ID and proof of insurance to your county license plate issuing official within 20 days.

Forms

• Next of Kin Affidavit, Form MVT 5-6

Documents

• Original Alabama certificate of title, assigned by the next of kin or the executor
• Completed Form MVT 5-6, if the estate will not be probated
• Death certificate (see the note on copies under No Probate (Small Estate or Heirs))
• Valid driver's license or state ID and proof of insurance (Shelby County)

When it applies: the estate has not been and will not be probated. Under Rule 810-5-75-.09, the next of kin can then apply for a replacement title or transfer the car using the Next of Kin Affidavit (MVT 5-6) and a copy of the death certificate. The form, the rule and the Department's FAQ state no dollar limit and no waiting period.

A few things to know:

• One heir signs the form, certifying under penalty of perjury that they are one of the heirs and that the heirs want this done. The rule says the affidavit attests to the wishes of all the heirs, so it is not a way for one heir to act against the others.
• The person who signs MVT 5-6 must also sign the title assignment. A power of attorney cannot be used to sign for them on the back of the title.
• No notary is needed. The form is signed under penalty of perjury, and Alabama does not require title assignments to be notarized.
• Limestone and Houston counties say that if there is a will that is not probated, the owner is treated as having died without a will.

Steps

1. Confirm the estate has not been and will not be probated. If it will be, see An Executor Has Been Appointed.
2. Complete Form MVT 5-6: VIN, title number, year, make, model, and the deceased owner's name and address. Check whether you want a replacement title or a transfer according to the assignment on the title.
3. If the car is changing hands, sign the back of the title as the "seller" on behalf of the deceased owner's estate, using your name exactly as it appears on MVT 5-6.
4. If the owner's name is different on the title and the death certificate, Shelby County asks for a "One and the Same" affidavit.
5. Take everything to your county license plate issuing official and pay the title fee.

Court route (summary distribution). Alabama's Revised Small Estates Act (Code § 43-2-691, effective Oct. 1, 2025) also lets a person with an interest in a small estate petition the probate judge in the county where the person lived. It covers personal property only, applies only if the person owned no real estate, and is not available if the person left a minor child who is not the child of the surviving spouse. The value limit equals the combined homestead allowance, exempt property and family allowance. The statutes set base amounts of $15,000 and $7,500 for the first two, adjusted for inflation by the State Treasurer, and give no fixed amount for the family allowance. No official source publishes the current total, so contact the probate court to confirm. The judge cannot sign the order until at least 30 days after notice is published and 30 days after the Alabama Medicaid Agency is notified. Whether county title offices accept this order in place of letters is not stated; contact the office to confirm.

Forms

• Next of Kin Affidavit, Form MVT 5-6

Documents

• Original Alabama certificate of title, assigned by the next of kin (or the replacement title application)
• Completed Form MVT 5-6
• Death certificate. Sources differ: the Department's rule says a copy, Limestone and Houston counties ask for a certified copy, and Shelby County asks for the original. Ask your county office which it needs.
• "One and the Same" affidavit if the names don't match (Shelby County)
• Bill of sale or gift affidavit if the car is going to someone other than the next of kin (Shelby County)
• Valid driver's license or state ID for each new owner, and proof of Alabama insurance (Shelby County)

When it applies: the estate has been or will be probated. The executor or administrator signs for the estate, using a copy of the letters testamentary, letters of administration, or an equivalent court order (Rule 810-5-75-.09).

Steps

1. Get letters testamentary (with a will) or letters of administration (without a will) from the probate court.
2. Sign the back of the title as the "seller" on behalf of the estate, to the heir or buyer. Counties ask that you sign exactly as your name appears on the letters.
3. Take the title, a copy of the letters, ID and proof of insurance to your county license plate issuing official, and pay the title fee.
4. If the car has an out-of-state title, Shelby County requires the car to be present for a VIN inspection, with an inspection form signed by an Alabama law enforcement officer.

A power of attorney cannot be used to sign for the executor on the back of the title. If the owner bought a car but died before it was titled, the car must be titled in the estate using these same steps.

Forms

No separate state form is listed for this route. The county office completes the title application.

Documents

• Original Alabama certificate of title, assigned by the executor or administrator
• Copy of the letters. Counties differ: Shelby County accepts a legible photocopy, while Limestone and Houston counties ask for a certified copy.
• Bill of sale or gift affidavit if the car is going to someone other than the next of kin (Shelby County)
• Valid driver's license or state ID for each new owner, and proof of insurance (Shelby County)
• VIN inspection form, if the title is from another state (Shelby County)

When it applies: a lender is listed on the title. No official Alabama source explains what happens to a car loan when the owner dies. A recorded lien stays on the title until the lender releases it.

• A release can be signed on the title by an authorized representative of the lender, with the date and the lender's name, or given as a separate release on the lender's letterhead naming the owner.
• Alabama issues electronic titles, so the lender may hold the title electronically rather than on paper.
• If a released title is lost before the lien is removed, a lien release statement is needed to get a lien-free replacement title.

Steps

1. Once the loan is paid off, get the signed lien release from the lender.
2. Submit the release with the title application under the situation that fits: co-owned, no probate, or executor.

Documents

• Lien release, on the title or on the lender's letterhead naming the owner
• The documents for your transfer route

• Title fee: $15 per title application (Code § 32-8-6).
• Commissions: the office processing the application adds $1.50, and county license plate issuing officials may collect another $1.50 (Department of Revenue).
• Local fees: some counties charge their own fees on top. Ask your county office.
• Registration and plates: fees for retitling to an heir or spouse were not confirmed. Contact the office to confirm.
• Sales tax: no official Alabama source says whether sales or use tax is due on an inherited car, and no exemption form was found. Alabama's casual sales and use tax applies to purchases from someone who is not a dealer and is collected by the county licensing official. Ask your county office how it handles an inherited car.
• Court route: a summary distribution in probate court has court fees set locally, and the person who files pays newspaper publication costs directly (Mobile County Probate Court).

Alabama title applications go through a designated agent of the Department of Revenue. For a deceased owner, families usually go to the county license plate issuing official. Who that is depends on the county: in Limestone County it is the License Commissioner, and in Houston County it is the probate office.

• In person: yes, at your county office. Requirements differ by county, so check your county's page or call ahead.
• Online: the Department's Public Title Portal lets the titled owner or recorded lender apply for a replacement title. No official source says a next of kin or executor can use it for a deceased owner.
• Mail or appointments: not stated by official sources. Contact your county office to confirm.

The person with authority for the estate signs the title as the "seller" on behalf of the deceased owner's estate:

• No probate: the next of kin who completed Form MVT 5-6. The same person must sign the title assignment.
• Probate: the executor or administrator, signing exactly as their name appears on the letters.

A power of attorney cannot be used to sign for the executor or next of kin on the back of the title. Alabama does not require the assignment to be notarized. Shelby County lists the buyer's paperwork as the assigned title, MVT 5-6 or a copy of the letters, the death certificate, and a bill of sale.

If probate is needed, our Alabama probate guide walks through it.