Pick Your Situation
The Title Names a Beneficiary (TOD)
When it applies: the Illinois title shows a BENEFICIARY INFORMATION heading on the right side of its face, with a name filled in. Only a title in one person's name, with no lienholder or lessor, can carry a beneficiary, and only one beneficiary is allowed.
When the owner dies, the car passes to the beneficiary. A will cannot change or revoke the beneficiary.
Steps
- Complete and sign the Beneficiary Claim Form (VSD 774).
- Fill out and print an Application for Vehicle Transaction(s) (VSD 190) through the Secretary of State's Electronic Registration and Title system.
- Submit everything at a Secretary of State facility, with the $165 title fee and the appropriate tax form. Which tax rate applies to a beneficiary claim is not spelled out in official sources, so contact the Secretary of State to confirm.
- To sell the car, the beneficiary must title it in their own name first.
The beneficiary does not get the deceased owner's registration or plates, and must register the car in their own name to drive it.
Forms
- Beneficiary Claim Form, VSD 774
- Application for Vehicle Transaction(s), VSD 190, through the ERT system
- If the estate cannot find the beneficiary: Unable to Locate Beneficiary Affidavit, VSD 775
Documents
- The Illinois title, or a Secretary of State title screen print showing the owner and beneficiary
- A copy of the certified death certificate of the owner shown on the title
- An Affidavit of Correction (VSD 393), item 6, if the beneficiary's name on the title does not match their paperwork
Special cases
- If the beneficiary died before the owner, the car goes into the owner's probate estate.
- A beneficiary who lives outside Illinois may title the car in their own state with the death certificate.
- Owners add, change or remove a beneficiary with the Beneficiary Affidavit (VSD 773).
The Car Was Co-Owned
When it applies: the title lists more than one owner. Under Illinois law, a title with more than one name is presumed to be joint tenancy with right of survivorship, unless the owners chose otherwise. Official sources do not treat "and" and "or" between the names differently. The surviving owner owns the car, and no probate or Small Estate Affidavit is needed.
Steps to keep the car
- Get a copy of the death certificate (or abstract).
- Complete a VSD 190 marked "Corrected Title" to remove the deceased owner's name, and enter the current odometer reading. If you will drive the car, also apply to correct the registration. The current registration can be assigned to you.
- Surrender the original joint title. It does not need to be signed over.
- Pay the $15 special corrected title fee, plus $3 if correcting the registration card.
- File within 120 days of the death, at a Secretary of State facility or by mail.
No vehicle use tax form (RUT-50) is needed for a surviving joint owner.
Steps to sell instead
Sign the original title over to the buyer, certify the odometer reading, and give the buyer a copy of the death certificate. The buyer applies with a VSD 190, the $165 title fee and the RUT-50 tax form.
Forms
- Application for Vehicle Transaction(s), VSD 190, through the ERT system
- Instruction sheet: Estates, Facts About Vehicle Title Transfers (VSD 275)
You're the Surviving Spouse
If you are on the title as a co-owner, use the joint-owner steps above.
If your spouse was the only owner, the Vehicle Code lets a surviving spouse apply for a title within 180 days of the death. Only a surviving spouse can keep the deceased owner's license plates.
Steps
- Gather a copy of the death certificate, proof of the marriage, the last title if available, and proof of the transfer of ownership to you.
- Complete a VSD 190 through the ERT system.
- Apply at a Secretary of State facility or by mail.
- To keep the plates on the same car, request a corrected registration card ($3). To move the plates to a different vehicle, the transfer fee is $25.
Two things to confirm before you go
- The title fee. The statute lists a $15 special corrected title fee to transfer title to a spouse when the deceased spouse was the sole owner. But the Secretary of State's Corrected Titles page says a sole owner's title cannot be corrected and a new title application is required, which normally costs $165. Call the Public Inquiry Division at 800-252-8980 to confirm which fee applies.
- Proof of the transfer. Official sources do not say which document counts (for example, a Small Estate Affidavit or Letters of Office). Call the same number to confirm.
Documents
- VSD 190
- Copy of the death certificate
- Proof of the marriage. If the death certificate does not show it, a statement signed by the surviving spouse
- Proof of the transfer or acquisition of ownership
- Last certificate of title, if available
If no probate case is open, the Small Estate Affidavit (RT OPR 31) is one possible route. See the no-probate situation below.
No Probate (Small Estate or Heirs)
When it applies: no probate case is open or planned in Illinois or any other state. The car is transferred with the Secretary of State's Small Estate Affidavit (RT OPR 31).
The dollar limit, and a conflict between official sources. For deaths on or after Aug. 15, 2025, Illinois law sets the small estate limit at $150,000, and vehicles registered with the Secretary of State do not count toward it. If the affidavit is used only to retitle vehicles, it can be used no matter how large the rest of the estate is. The current affidavit form and the Dec. 2025 VSD 275 fact sheet reflect this. The Secretary of State's deceased-owner page and online checklist still say $100,000, which reflects the older law. For deaths before Aug. 15, 2025, earlier rules may apply, so call the Public Inquiry Division at 800-252-8980 to confirm.
The current law does not set a waiting period before the affidavit can be used.
Who signs: the affiant, under penalty of perjury, in front of a notary. The affiant does not have to be an heir.
Steps
- Fill out the affidavit, including the car's year, make, model and VIN in paragraph 6(b) and who receives the car in paragraph 11. If the title is lost, say so in the affidavit.
- Attach a copy of the death certificate and, if there is a will, a certified copy of the will on file with the court clerk.
- Sign the affidavit in front of a notary.
- The person receiving the car completes a VSD 190 through the ERT system and the RUT-50 tax form.
- Submit everything within 120 days, in person or by mail.
Documents
- Notarized Small Estate Affidavit (RT OPR 31) describing the car
- Copy of the death certificate or abstract
- Certified copy of the will, if there is one
- The deceased owner's title (it does not need to be signed over)
- VSD 190 and proof of insurance
- RUT-50 with a separate check or money order to the Illinois Department of Revenue
- $165 title fee and any registration fees, payable to the Illinois Secretary of State
Another option: an Illinois attorney can submit an affidavit on their letterhead stating the facts of the transfer, with a copy of the death certificate, the title and a VSD 190.
An Executor Has Been Appointed
When it applies: a court has appointed an executor or administrator. The representative signs the deceased owner's title over to the new owner, whether that is an heir, a beneficiary under the will, or a buyer.
Steps
- Get a certified copy of the Letters of Office (Letters Testamentary or Letters of Administration) from the probate court clerk.
- The executor or administrator signs the title over to the new owner and records the odometer reading.
- The new owner completes a VSD 190 through the ERT system and the RUT-50 tax form.
- Submit everything at a Secretary of State facility or by mail, before the estate is closed.
Documents
- Certified copy of the Letters of Office naming the representative
- The title, signed over by the representative
- VSD 190 with the current odometer reading
- Proof of insurance
- RUT-50 and payment to the Illinois Department of Revenue
- $165 title fee and any registration fees
- If the title is lost: a statement signed by the executor listing the car's year, make, model, VIN and the new owner's name
Forms
- Application for Vehicle Transaction(s), VSD 190, through the ERT system
- Instruction sheet: VSD 275
The Car Still Has a Loan
A car loan does not go away when the owner dies. When a lien is recorded, Illinois mails the title to the lienholder, so the lender usually has it.
Steps
- Pay off the loan from the estate, or by the person keeping the car.
- Get the released title and a lien clearance letter from the lienholder saying the lien is paid in full. A loan contract showing it is paid in full, or a court order, is also accepted.
- Include the lien release with the title application for whichever route on this page applies to you.
A car with a lien cannot carry a TOD beneficiary. If a lien is added after a beneficiary is named, the beneficiary is removed from the title.
Fees and Taxes
Title fees (pay by check or money order to the Illinois Secretary of State; no cash by mail):
- $165 certificate of title for a car ($250 for a motor home, mini motor home or van camper)
- $15 special corrected title when a surviving joint owner removes the deceased owner's name
- $3 corrected registration card; $25 to transfer plates to a different vehicle
- $30 optional expedited title service
A lost title does not require a duplicate title in these estate transfers. A statement explaining the loss is used instead. Surviving joint owners and surviving spouses do not pay registration fees until the current registration expires. Other new owners who will drive the car register it in their own name and pay registration fees.
Vehicle use tax (Form RUT-50, paid to the Illinois Department of Revenue):
- No tax when the car goes to a surviving spouse as a gift through an estate. The RUT-50 instructions do not show a box for this, so ask the Secretary of State how to claim it.
- No RUT-50 is needed for a surviving joint owner.
- $15 flat tax for an estate beneficiary who is not a surviving spouse (Step 4, item 2a). The same $15 applies to transfers to a spouse, parent, brother, sister or child.
- Some local governments add their own vehicle use tax.
RUT-50 is due within 30 days of acquiring the car. The paper form is not downloadable because each one has a unique transaction number. Get it at a Secretary of State facility or a currency exchange, or file and pay online through MyTax Illinois and include the printed copy with the title application.
Where to Go
The VSD 190 application is filled out and printed through the Secretary of State's Electronic Registration and Title system. Then bring it, the estate paperwork and payment to a Secretary of State DMV facility within seven days, or mail it.
- In person: most Secretary of State DMV facilities, including the Springfield Customer Service Center at 2701 S. Dirksen Pkwy. A TOD beneficiary claim (VSD 774) is submitted at a facility.
- By mail: Illinois Secretary of State, Vehicle Services Department, Titles Division, 501 S. Second St., Springfield, IL 62756. Room numbers differ across official pages, so confirm the full address before mailing.
- Questions: Public Inquiry Division, 800-252-8980 (toll-free in Illinois), 312-793-1010 (Chicago) or 217-782-6306 (Springfield).
The Secretary of State's deceased-owner page and inherited vehicle checklist describe the process.
Selling the Car Instead
- Probate open: the executor or administrator signs the title directly to the buyer. The buyer applies with the certified Letters of Office, a VSD 190, the $165 title fee and the RUT-50.
- Small Estate Affidavit: the transfer can go to the person named in the affidavit or to that person's nominee, such as a buyer.
- Surviving joint owner: sign the title over to the buyer and give the buyer a copy of the death certificate.
- TOD beneficiary: title the car in your own name first, then sell it.
- Beneficiary can't be found: the estate uses the Unable to Locate Beneficiary Affidavit (VSD 775), which requires a certified-mail notice to the beneficiary 30 days before the sale and a newspaper notice once a week for three weeks.
Odometer disclosure rules apply to every sale.
If probate is needed, our state probate guide walks through it.