How to Transfer a Car Title After Death in Indiana

When it applies: the face of the Indiana title names you as a transfer on death (TOD) beneficiary. The car passes to each named beneficiary who survives the owner, without probate. The designation only counts if the owner signed the TOD statement on the title before they died. If a named beneficiary died before the owner, Indiana law can pass that share to a substitute under the Transfer on Death Property Act.

How the process works:

• Check the title for the TOD wording and the owner's signature on the TOD line.
• Get a copy of the death certificate.
• Take the title showing the TOD designation and the death certificate copy to a BMV license branch and apply for a new Indiana title.
• Apply within 60 days after you acquire the car. Late applications carry a $30 administrative penalty.

The BMV also says ownership must be transferred under the laws of the deceased owner's state of residence. If the owner lived outside Indiana, check that state's rules or ask a BMV branch.

Forms: the BMV's TOD page does not name an application form. The general title application is Application for Certificate of Title for a Vehicle (State Form 205). Ask the branch to confirm what to fill out.

Documents:

• Indiana title showing the TOD designation, signed by the owner(s) before death
• Copy of the death certificate

When it applies: the title lists two or more owners and one has died.

No official Indiana source we found explains what happens to a vehicle title when one co-owner dies, or how the BMV treats "and" versus "or" titles or survivorship wording. The BMV does say that when an owner is being removed from a title and cannot sign, a court order is required.

Before submitting anything, contact a BMV license branch to confirm what a surviving co-owner needs. It helps to have the title and a copy of the death certificate with you. If the title also names a TOD beneficiary, see "The Title Names a Beneficiary (TOD)."

When it applies: the car was in your late spouse's name. The Indiana BMV has no separate title process just for a surviving spouse. A spouse uses the same routes as anyone else:

• TOD beneficiary: if you're named on the title, see "The Title Names a Beneficiary (TOD)."
• No probate: if your spouse was the only owner, no personal representative will be appointed, 5 days have passed and the probate estate is $100,000 or less, you can use Affidavit for Transfer of Certificate of Title for a Vehicle / Watercraft Without Administration (State Form 18733). See "No Probate (Small Estate or Heirs)."
• Probate: if an estate is opened, see "An Executor Has Been Appointed."

Spousal allowance: separately, Indiana law gives the surviving spouse of an Indiana resident a $25,000 allowance from the estate. It can be claimed against personal property such as a car, real property, or both. It is claimed through the probate court (an election filed within 90 days after the estate is opened), not at the BMV. If there is no surviving spouse, children under 18 at the time of death share the same allowance.

When it applies: Indiana has a vehicle-specific route that skips probate. You can use it when:

• At least 5 days have passed since the death (other small-estate property has a 45-day wait)
• No one has asked a court to appoint a personal representative (executor or administrator), and none is planned
• The gross probate estate, less liens and encumbrances, is $100,000 or less for deaths after June 30, 2022 ($50,000 for deaths from July 1, 2006 to June 30, 2022, and $25,000 for earlier deaths)

A car with a TOD beneficiary is not part of the probate estate.

How the process works:

• The distributees (the people entitled to the car) complete Affidavit for Transfer of Certificate of Title for a Vehicle / Watercraft Without Administration (State Form 18733): claimant, decedent and vehicle details (VIN, year, make, model, title number).
• The signer swears under penalty of perjury that the conditions above are met, that they are entitled to the car, and that the car is not subject to liens that are the claimant's responsibility.
• Bring the affidavit and a copy of the death certificate, which the form requires. The BMV must make the transfer when it receives a proper affidavit.
• If no money changed hands, the inheritance sales tax exemption on Certificate of Gross Retail or Use Tax Exemption (Form ST-108E, State Form 48841) can be claimed (exemption 7).

The form has one claimant section. Whether every distributee must sign, and whether the form can be mailed instead of taken to a branch, is not stated. Contact a BMV license branch to confirm, and to confirm which other forms and fees they need with the affidavit.

Forms: Affidavit for Transfer of Certificate of Title for a Vehicle / Watercraft Without Administration (State Form 18733) · Certificate of Gross Retail or Use Tax Exemption (Form ST-108E, State Form 48841) (to claim the sales tax exemption)

Documents:

• Completed State Form 18733 signed by the distributee(s)
• Copy of the death certificate
• Indiana title, if you have it
• Form ST-108E, if claiming the inheritance exemption

When it applies: a probate estate is open and the court has appointed a personal representative (Indiana's term for an executor or administrator). State Form 18733 cannot be used once a petition for a personal representative is pending or granted.

The BMV pages we reviewed do not describe how a personal representative transfers a car. Indiana law lets a person who gets a vehicle under a court order, under a state statute or "by operation of law" apply for a title by attaching written proof. No BMV page confirms whether a branch accepts Letters on their own. Ask a BMV license branch (or the probate court) whether your Letters or other court papers are enough before seeking a court order.

If the BMV asks for a court order: the BMV's Court Order Title Application Checklist is the one documented route, and the BMV describes it as the fallback when ownership can't be shown through its other title processes.

• The order must list the VIN, the year, make and model, and the name and address of the person entitled to the car. The BMV checklist adds that it must tell the BMV to issue a title and carry the judge's signature and court seal.
• Complete Application for Certificate of Title for a Vehicle (State Form 205), a Physical Inspection of a Vehicle or Watercraft (State Form 39530) (done by law enforcement or a BMV branch employee), an Odometer Disclosure Statement (State Form 43230) and the Collection of Payment Information form (State Form 56163).
• Include the $15 title fee and either the 7% sales tax or Form ST-108E if exempt.
• Mail the packet to: Indiana Bureau of Motor Vehicles, Central Office Title Processing, 100 North Senate Avenue, Room N411, Indianapolis, IN 46204. A $30 penalty applies if it arrives more than 45 days after the court order's file-stamp date. Questions: (888) 692-6841.

Documents (court-order route):

• Certified court order meeting the BMV's requirements
• State Form 205
• State Form 39530 physical inspection
• State Form 43230 odometer disclosure (vehicles over 16,000 lbs and trailers are exempt)
• State Form 56163 payment information
• Form ST-108E, if claiming a sales tax exemption

When it applies: there's still a loan on the car. The lien stays on the car after the owner dies, and the BMV says all lienholders must release their interest before a vehicle is sold.

How the process works:

• Work with the lender on paying off the loan and releasing the lien.
• The lender releases the lien by signing the lien release section of the title or giving a lien release letter. For an electronic title, the lender must release the lien electronically. If the lender is out of business, a court order is needed. See the BMV liens page.
• On State Form 18733, the claimant certifies the car is not subject to liens that are the claimant's responsibility.
• Sales tax note: Form ST-108E says taking over loan payments counts as payment, so the inheritance exemption does not apply unless you were listed on the original security agreement. If you were, attach a copy of that agreement.
• Then follow the route that fits (TOD, affidavit or probate).

Documents:

• Lien release (signed title, release letter or electronic release)
• Copy of the original security agreement, if claiming the exemption while taking over the loan

Title fee: $15 to issue a title (BMV Fee Chart, revised 1/1/26). An optional $25 speed title gets faster processing.

Late penalty: $30 if you apply late. A TOD beneficiary has 60 days after acquiring the car, and most other new owners have 45 days. When the 45-day clock starts for a small-estate affidavit transfer is not stated, so contact a BMV branch to confirm.

Other fees:

• Passenger vehicle registration: $21.35, plus other taxes and fees on the BMV Fee Chart, if you register the car
• Transferring a plate, decal or registration certificate: $9.50
• Physical inspection (State Form 39530, required for court-order applications): free at a BMV branch; a law enforcement officer may charge up to $5

Whether an heir can keep the deceased owner's plate is not stated in official sources. Contact a BMV branch to confirm.

Sales tax: Indiana's 7% sales or use tax is collected at the BMV when a car is titled, unless an exemption is claimed. Certificate of Gross Retail or Use Tax Exemption (Form ST-108E, State Form 48841) lists exemption 7 for vehicles received as an outright gift or inheritance with no payment involved. No Indiana statute names inheritance specifically. The Department of Revenue states the exemption on the form, and the use tax on a titled vehicle applies to vehicles acquired in a sale. Taking over loan payments counts as payment unless you were on the original security agreement.

TOD beneficiaries apply at a BMV license branch. See the BMV's Transfer on Death page.

Court-order applications are processed by mail at the BMV Central Office: Central Office Title Processing, 100 North Senate Avenue, Room N411, Indianapolis, IN 46204. Questions: (888) 692-6841.

• Official sources don't say whether State Form 18733 can be mailed, or whether branches require appointments. Contact a BMV license branch to confirm.
• We found no official source describing an online title transfer for a deceased owner's car.
• If the deceased owner's title is electronic, ask the branch how to proceed.

The BMV does not give a selling procedure specific to a deceased owner. Its general rules for any sale:

• All owners listed on the title sign and print their names in the seller section, and complete the odometer statement, date of sale, purchase price and buyer information.
• The seller removes the plates.
• All liens must be released before the sale.
• The buyer applies for a new title within 45 days and pays 7% sales tax on the purchase price.

Who signs as seller for a deceased owner (the TOD beneficiary after retitling, the distributee under State Form 18733, or the personal representative) is not spelled out by the BMV. Contact a BMV license branch to confirm. If the title is electronic and the car is going to a dealer, the dealer may use State Form 57738 through a BMV-authorized service provider.

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