Pick Your Situation
The Title Names a Beneficiary (TOD)
When it applies: the deceased owner signed a Beneficiary Designation (Form 96-0561) for the car. Arizona law lets an owner attach a transfer-on-death beneficiary to the title (A.R.S. 28-2055). The designation can only be used when one person owns the car. If the title is paper, the form is stapled to the title and surrendered with it. If the title is electronic, the form can be submitted on its own.
If the owner named two or more beneficiaries, the legal status box on the form (OR, AND, or AND/OR) decides whose signatures are needed.
What MVD has not published: the steps a beneficiary follows after the owner dies, the documents to bring (for example, whether a death certificate is needed), and any waiting period. Contact MVD or an Authorized Third Party office to confirm before you go in.
Forms
- Beneficiary Designation For Vehicle Title Transfer Upon Death, Form 96-0561
- Title and Registration Application, Form 96-0236
Documents
- The signed Beneficiary Designation (stapled to the title if the title is paper)
- The Arizona title, if it is a paper title
- Anything else MVD asks for: contact the office to confirm
The Car Was Co-Owned
When it applies: two names are on the title and one owner is still living. The word printed between the names decides what happens. MVD's deceased-owner page says to contact MVD for guidance on your title. The rules below come from page 2 of MVD's Title Transfer Bill of Sale, Form 38-1306.
- OR: only the surviving owner can transfer the car. A death certificate is not needed, and a Non-Probate Affidavit is not accepted while an owner is still living.
- AND/OR: the survivor provides a death certificate for the deceased owner and can then sign alone, either to title the car in their own name or to sell it.
- AND: the deceased owner's share does not pass automatically. It must be handled through probate or with a Non-Probate Affidavit for that owner's share.
Steps
- Look at the title to see whether the names are joined by OR, AND/OR, or AND.
- To keep the car, complete a Title and Registration Application, Form 96-0236.
- Add a death certificate for an AND/OR title, or probate papers or a Non-Probate Affidavit, Form 32-6901 for an AND title.
- Contact MVD to confirm anything else your title needs.
Documents
- The Arizona title showing OR, AND/OR, or AND
- Form 96-0236
- AND/OR titles: the deceased owner's death certificate
- AND titles: probate papers or a Non-Probate Affidavit for the deceased owner's share
You're the Surviving Spouse
When it applies: your spouse has died and the car was theirs or yours together. MVD's official pages do not describe a separate title process just for a surviving spouse. A spouse uses the same routes as anyone else:
- Your name is on the title too: see "The Car Was Co-Owned".
- Your spouse was the only owner and named you as beneficiary: see "The Title Names a Beneficiary (TOD)".
- No probate is open: you may be able to use the Non-Probate Affidavit as the successor. The $200,000 personal property cap and all the other conditions apply. See "No Probate (Small Estate or Heirs)".
- Probate is open: the personal representative handles the car.
Separately, in a probate estate Arizona law gives a surviving spouse a right to exempt property worth up to $7,000 beyond any security interests (A.R.S. 14-2403). That is claimed through the estate, not at MVD.
Forms
No Probate (Small Estate or Heirs)
When it applies: Arizona's Non-Probate Affidavit (A.R.S. 14-3971) lets the person entitled to the car, by will or by state inheritance law, take the title without court. State law tells MVD to transfer the title when it receives the affidavit and the fees. All of these must be true:
- At least 30 days have passed since the death. MVD says a death certificate cannot be used to skip the wait.
- The value of all the deceased person's personal property, including vehicles, wherever located, less liens, is $200,000 or less. Real estate is not counted toward this cap.
- No personal representative has been appointed or applied for in any state (or one was discharged, or more than a year has passed since a closing statement was filed).
- You are the successor, entitled to the car by will or by inheritance law.
- Every owner on the title has died.
- The funeral expenses and last-illness expenses have been paid. The statute requires this, but MVD's form does not print it, so check it before signing.
Steps
- Complete the Non-Probate Affidavit, Form 32-6901 with the deceased owner's details, the vehicle's details and the odometer reading. If both owners on the title have died, complete one affidavit for each owner.
- Complete a Title and Registration Application, Form 96-0236.
- If there is a loan on the car, get a lien release or a letter of permission from the lienholder.
- Submit in person at an MVD or Authorized Third Party office, or by mail (see "Where to Go").
- Pay the $4 title fee plus any registration fees. Arizona residents must register the car unless they complete a Title Only Certification. Out-of-state residents do not have to register it in Arizona.
The form says the signer is "duly sworn" but has no notary section. MVD does not say whether it must be notarized, so contact MVD to confirm.
Documents
- Form 32-6901 (one per deceased owner) and Form 96-0236
- The title: not required for a car titled in Arizona, required for a car titled in another state
- A death certificate is not required, per MVD
- Lien release or lienholder permission letter, if there is a loan
- For a car titled in another state, MVD also accepts an out-of-state affidavit made by the successor
An Executor Has Been Appointed
When it applies: a probate case is open and a personal representative (executor or administrator) has been appointed. The Non-Probate Affidavit cannot be used while a personal representative is pending or serving.
The personal representative is in charge of the car. Arizona law lets the personal representative sell estate property (A.R.S. 14-3715) or give it to an heir by signing an instrument of distribution (A.R.S. 14-3907).
What MVD has not published: the documents it needs from a personal representative, such as certified court papers and how recent they must be. Contact MVD or an Authorized Third Party office to confirm before you go in.
Forms
- Title and Registration Application, Form 96-0236, completed by the new owner
- Title Transfer Bill of Sale, Form 38-1306, if the car is sold
Documents
- The personal representative's court appointment papers (contact MVD to confirm the exact version)
- The Arizona title (or MVD's confirmation of an electronic title)
- Lien release, if there is a loan
The Car Still Has a Loan
When it applies: there is still a loan on the car. The loan does not go away when the owner dies. MVD's Title and Registration Application notes that the lienholder keeps an ownership interest in the vehicle until the loan is repaid.
For the Non-Probate Affidavit route, MVD requires a lien release or a letter of permission from the lienholder before it will transfer the title. Include it with your paperwork.
Official sources do not describe how a loan is handled for a beneficiary, a surviving co-owner, or a probate transfer. Contact the lender and MVD to confirm.
Forms
- Title and Registration Application, Form 96-0236 (has a lienholder section)
Documents
- Lien release, or a letter of permission from the lienholder
Fees and Taxes
- Title fee: $4 per title (A.R.S. 28-2003). MVD lists a $4.00 title processing fee for a non-probate transfer.
- Registration: fees vary by the car's year, make, model and original sticker price. By statute they include an $8 registration fee ($9 for a motorcycle) and the vehicle license tax, which is at least $10 a year (A.R.S. 28-5801). Other registration fees may apply.
- Plate credit: the successor may get credit for the deceased owner's plate and registration.
- No late penalty: MVD says there is no penalty fee even if the car has been sitting for years.
- Authorized Third Party offices may charge extra fees.
- Tax: MVD's deceased-owner page lists only the title and registration fees. We did not find an official Arizona statement on tax for an inherited vehicle, so contact MVD to confirm.
Where to Go
In person: any ADOT MVD office or an Authorized Third Party office (extra fees may apply). MVD offices take debit cards, credit cards, cash or certified funds. Hours are generally 7:30 a.m. to 5:00 p.m., Monday to Friday, with limited service after 4:45 p.m. Hours vary by office, and offices open at noon on the second Wednesday of each month. You can book an appointment at AZMVDNow.gov, and walk-ins are welcome. See MVD hours and locations.
By mail (Non-Probate Affidavit only): send the forms with a money order or cashier's check (no cash) payable to ADOT Motor Vehicle Division, to ADOT Motor Vehicle Division, Mail Drop 555M, PO Box 2100, Phoenix, AZ 85001-2100.
Online: MVD does not describe an online title transfer for a deceased owner's car.
Selling the Car Instead
- Heirs: MVD says you need to transfer the car into your own name before selling it. The buyer cannot transfer it directly from the deceased owner.
- Probate: the personal representative can sell estate property and signs as seller for the estate.
- Co-owners: on an OR title, only the surviving owner can transfer the car. On an AND/OR title, the survivor provides a death certificate and can then sign alone.
- Paperwork: an Arizona-titled car can be sold with the Title Transfer Bill of Sale, Form 38-1306. The buyer has 15 days to apply for a new title to avoid penalties.
- Protect yourself: remove the license plate before the buyer takes the car, and submit a Sold Notice. See MVD's selling a vehicle page.
If probate is needed, our state probate guide walks through it.