How to Transfer a Car Title After Death in Louisiana

We found no official Louisiana source that offers a transfer-on-death (TOD) or beneficiary option on a car title. OMV's procedures for a deceased owner's car cover three routes: a court succession (Judgment of Possession or a court-appointed executor or administrator), a small succession affidavit, and OMV's Affidavit of Heirship. See No Probate (Small Estate or Heirs) and An Executor Has Been Appointed below.

When it applies: the title lists more than one owner and one of them has died.

OMV's published policies and FAQ don't explain what happens when one of two owners on a Louisiana title dies, and they don't mention "and" versus "or" wording or a right of survivorship for vehicles. Louisiana law lets any person who has an ownership interest in a vehicle titled in a deceased person's name apply for a title. OMV's Affidavit of Heirship also asks whether the car was community property or separate property, so a car bought during a marriage may be treated as partly the surviving spouse's.

How the process works:

• Look at the title to see who is listed as owner.
• Contact OMV or a public tag agent before you go and ask how they handle a car where one co-owner has died. No official OMV page answers this.
• Complete a Vehicle Application for the new title.

Forms:

• Vehicle Application (DPSMV1799)
• Affidavit of Heirship (DPSMV1696) (if OMV tells you to use the heirship route)

Documents:

• Louisiana title and registration certificate, if available
• Proof of death (death certificate)
• Whatever succession document OMV asks for
• Copy of each new owner's current, valid photo ID

When it applies: you were married to the owner when they died.

Louisiana has no spouse-only vehicle form, but the surviving spouse plays a central role. On OMV's Affidavit of Heirship, the family states whether the car was community property or separate property, and whether the surviving spouse or the heirs inherit the deceased owner's share. The surviving spouse, all heirs and all legatees sign it before a notary. If the car is being sold or given to someone else, only the surviving spouse has to sign the notarized bill of sale or act of donation.

In a court succession, a surviving spouse who has the usufruct of the other heirs' share can title the car in their own name or sell it. If the spouse takes over the car loan, no sales tax is due on the unpaid balance.

How the process works:

• Pick the route: Judgment of Possession (court succession), small succession affidavit, or OMV's Affidavit of Heirship.
• On the Affidavit of Heirship, mark whether the car is community or separate property, and whether the spouse or the heirs take the deceased owner's share.
• The surviving spouse, all heirs and all legatees sign the affidavit before a notary.
• Complete a Vehicle Application. No odometer disclosure is needed when the spouse or an heir is the applicant.
• If the spouse is selling or giving the car away, the spouse signs a notarized bill of sale or act of donation to the new owner.

Forms:

• Affidavit of Heirship (DPSMV1696) (revision dated 08/17/2023 or later)
• Vehicle Application (DPSMV1799)
• Act of Donation of a Movable (DPSMV1699) (only if the car is being given to someone else)
• Bill of Sale of a Movable (listed on OMV's forms page as Bill of Sale of a Motor Vehicle) (only if the car is being sold)

Documents:

• Notarized Affidavit of Heirship
• Proof of death: death certificate or published obituary
• If there was a will: a copy, or a notarized statement of its vehicle provisions signed by the person holding the original
• Louisiana title and registration certificate, if available
• Copy of each new owner's current, valid photo ID
• Proof of liability insurance, if the car will be registered (the Vehicle Application says the file can't be processed without it)

When it applies: no court succession has been opened. OMV says not to use its Affidavit of Heirship once a succession has been opened and a judgment rendered.

Louisiana has two ways to move a car out of a deceased owner's name without a court succession.

• OMV's Affidavit of Heirship (DPSMV1696). No value cap is stated in the law or OMV's policy. The surviving spouse, all heirs and all legatees sign it before a notary. OMV says not to use it once a succession has been opened and a judgment rendered.
• Small succession affidavit. Available when the decedent lived in Louisiana and left property with a gross value of $200,000 or less at death, or any value if the death was at least 20 years ago. Act 293 of 2026 raised this from $125,000, so older websites may show the old number. It covers people who died without a will, and people who died with a will but owned no Louisiana real estate if everyone agrees to waive probate of the will. The affidavit must describe the car.

For someone who lived outside Louisiana, the statute still says $125,000 of Louisiana property, but OMV's small succession policy says $200,000. The statute is the law; contact OMV to confirm what it will accept.

OMV's FAQ still says a small succession affidavit must be "validated" by the Department of Revenue. The Department of Revenue stopped processing these affidavits in 2009, so that wording is out of date.

Who signs: for the Affidavit of Heirship, the surviving spouse, every heir and every legatee. If minor children inherit and there is no surviving spouse, the person signing for them must bring court papers, usually tutorship. For a small succession affidavit, at least two people sign, including the surviving spouse (if any) and one or more heirs. With no surviving spouse, at least two heirs sign; if there is only one heir, a second person who knows the facts also signs. An heir who doesn't sign must be given 30 days' notice by U.S. mail and not object, unless that heir can't be found after reasonable effort.

How the process works:

• Get the death certificate (the heirship route also accepts a published obituary).
• If there was a will, get a copy, or have the person holding the original sign a notarized statement of what it says about vehicles.
• Complete and notarize the Affidavit of Heirship or the small succession affidavit.
• Complete a Vehicle Application in the name of the person who will own the car.
• If the title was issued on or after January 1, 1990, one of the heirs and the person receiving the car complete the title assignment before a notary.
• If one heir is getting the car, the heirs sign a notarized bill of sale or act of donation to that person. On the heirship route, the surviving spouse's signature alone is enough when there is a spouse.

Forms:

• Affidavit of Heirship (DPSMV1696)
• Vehicle Application (DPSMV1799)
• Act of Donation of a Movable (DPSMV1699)
• Bill of Sale of a Movable (listed on OMV's forms page as Bill of Sale of a Motor Vehicle)

Documents:

• Notarized Affidavit of Heirship, or a small succession affidavit with a property list that describes the car
• Death certificate (or, for the heirship route, a published obituary)
• Copy of the will or a notarized statement of its vehicle provisions, if there was a will
• Certified court papers (usually tutorship) for anyone signing for a minor, if there is no surviving spouse
• Louisiana title and registration certificate, if available
• Notarized bill of sale or act of donation to the person receiving the car, if needed
• Copy of each new owner's current, valid photo ID
• Proof of liability insurance, if the car will be registered

When it applies: a succession was opened through the courts.

OMV transfers the car based on the court papers. After the succession ends, bring a certified copy of the Judgment of Possession that lists the heirs and their shares, or names a specific legatee of the car. A surviving spouse with usufruct of the other heirs' share, or a specific legatee named in the judgment, can title the car or sell it. Otherwise, all heirs sign a notarized bill of sale or act of donation to the person getting the car.

If the succession is still open, the executor or administrator can sell the car with certified copies of the order appointing them and the order authorizing them to dispose of the car. An independent executor or administrator can act without prior court approval. The executor or administrator signs a notarized bill of sale to the buyer.

How the process works:

• Get a certified copy of the Judgment of Possession, or, while the succession is open, certified copies of the appointment order and the order authorizing disposal of the car.
• Complete a Vehicle Application in the new owner's name.
• If the heirs are transferring the car to one person or a buyer, all heirs sign a notarized bill of sale or act of donation.
• Bring the title and registration (if available), any lien release, photo ID and fees to OMV or a public tag agent.

Forms:

• Vehicle Application (DPSMV1799)
• Bill of Sale of a Movable (listed on OMV's forms page as Bill of Sale of a Motor Vehicle)
• Odometer Disclosure Statement (DPSMV 1606) (when the car goes to a third party)

Documents:

• Certified Judgment of Possession, or certified appointment and authorization orders
• Title and registration, if available. A transfer without the title is possible only if the car was last titled in Louisiana in the decedent's name.
• Notarized bill of sale, when required
• Odometer disclosure, if the car is going to a third party
• Copy of each new owner's current, valid photo ID
• Proof of liability insurance, if the car will be registered

When it applies: the deceased owner's title shows a lien.

OMV carries the lien onto the new title unless you show proof it was paid off. OMV accepts a lien satisfaction on the lender's letterhead or a notarized affidavit of satisfaction from the lender. Either one must fully describe the car. A surviving spouse who takes over the existing loan does not pay sales tax on the unpaid balance.

How the process works:

• If the loan is paid off, get a lien satisfaction or notarized affidavit of satisfaction from the lender.
• If a new lien will be recorded in the new owner's name, bring the UCC instrument and the $15.00 recording fee.
• Bring these with the other deceased-owner documents for your situation.

Documents:

• Lien satisfaction on the lender's letterhead, or a notarized affidavit of satisfaction, with a full description of the car
• UCC instrument, if a new lien is to be recorded

From OMV's fee table:

• Title fee: $68.50
• Handling fee: $8.00
• License plate transfer: $3.00
• Lien recording: $15.00 when a UCC instrument is submitted
• New plate, if needed: priced at 0.1% of the car's value per year, with a minimum base value of $10,000

Sales tax: OMV's policies say all transfers by will or intestate succession are tax free. Transfers by heirs or legatees may or may not be taxable depending on the nature of the transfer. If the car is sold, sales tax is due on the selling price, at a rate based on the buyer's domicile. If a surviving spouse takes over the car loan, no tax is due on the unpaid balance.

The Affidavit of Heirship form asks for a check or money order payable to the Office of Motor Vehicles and says not to send cash.

Title work is handled at Louisiana Office of Motor Vehicles offices and public tag agents. Contact the office before you go to confirm what to bring and whether you need an appointment.

We found no official page confirming that deceased-owner transfers can be done by mail. Contact OMV to confirm before mailing anything.

Who signs the sale depends on how the estate is being settled:

• Succession still open: the executor or administrator sells with certified copies of the appointment order and the order authorizing the sale (an independent executor or administrator doesn't need court approval) and signs a notarized bill of sale to the buyer.
• After a Judgment of Possession: a surviving spouse with usufruct over the other heirs' share, or a specific legatee of the car, can sell it. Otherwise all heirs sign a notarized bill of sale.
• Affidavit of Heirship: every heir signs the affidavit, but only the surviving spouse signs the notarized bill of sale. With no surviving spouse, all heirs sign it.

An odometer disclosure is required when the car goes to a third party (OMV's FAQ says for cars within twenty model years). The buyer pays sales tax on the selling price. Any lien must be released or carried onto the buyer's title.

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