Pick Your Situation
The Title Names a Beneficiary (TOD)
Michigan does not appear to offer a transfer-on-death (beneficiary) option for car titles. The Secretary of State's deceased owner instructions cover three routes only: a joint title marked "Full Rights to Survivor," probate through a personal representative, and the no-probate heir route on Form TR-40. Michigan's title application (TR-11L) has a "Full rights to survivor" field but no beneficiary field.
If you're not sure what the title allows, call the Secretary of State at 1-888-SOS-MICH (1-888-767-6424). Otherwise, see "The Car Was Co-Owned," "No Probate (Small Estate or Heirs)" or "An Executor Has Been Appointed."
The Car Was Co-Owned
When it applies: the title is in both names and shows the words "Full Rights to Survivor" on the front.
Steps
- Check the front of the title for the legend "Full Rights to Survivor."
- If it's there, bring the title, a copy of the death certificate and your ID to a Secretary of State office to remove the deceased owner's name. Neither probate nor Form TR-40 is mentioned for this route.
- If there's a loan on the car, bring the lien termination (see "The Car Still Has a Loan").
- If the legend is not there, the Secretary of State's dealer manual says the deceased owner's share has to pass through probate or the TR-40 heir route, the same as a car in one name.
Forms: none for the survivor route.
Documents
- Original Michigan title showing "Full Rights to Survivor"
- Copy of the death certificate
- Surviving owner's driver's license or state ID
- Lien termination, if a lien is listed
- Proof of Michigan No-Fault insurance if registering the vehicle
The official sources we reviewed don't discuss "and" versus "or" wording on Michigan titles. If your title has two names but no survivor legend, call 1-888-SOS-MICH (1-888-767-6424) to confirm what's needed.
You're the Surviving Spouse
A surviving spouse is first in line to inherit the car when there's no probate.
If you're both on the title with "Full Rights to Survivor": bring the title, a copy of the death certificate and your driver's license or ID to a Secretary of State office. See "The Car Was Co-Owned."
If the car was in your spouse's name only and the estate isn't being probated:
- Confirm the total value of all your spouse's vehicles is within the MCL 257.236 cap ($100,000 for 2024 and 2025, adjusted for inflation from 2026). The state has not published the 2026 figure that we could find, so contact the Secretary of State to confirm.
- Complete Form TR-40a (Certification from the Heir to a Vehicle). It must be verified at a Secretary of State office.
- Bring the title, the current registration or plate number, a certified copy of the death certificate, a signed lien termination if there was a loan, your ID and proof of Michigan No-Fault insurance if registering.
If the estate is being probated: the personal representative assigns the title to you, and you bring it with a copy of the Letter of Authority. See "An Executor Has Been Appointed."
Forms
- Form TR-40, Transferring Vehicle Ownership of a Deceased Family Member (use part TR-40a)
Documents
- Original Michigan title (if lost, a document listing the year, make and VIN)
- Completed TR-40a, verified at the office (no-probate route)
- Certified copy of the death certificate (a copy is enough for a "Full Rights to Survivor" title)
- Current registration or license plate number
- Signed lien termination statement, if there was a loan
- Odometer reading on the title (or Form BDVR-108 Odometer Mileage Statement if the title is lost)
- Driver's license or state ID
- Proof of Michigan No-Fault insurance if registering
No Probate (Small Estate or Heirs)
When it applies: the estate is not being probated and won't be, the deceased left no other property that needs letters from the probate court, and the total value of all the deceased's vehicles is within the cap in MCL 257.236.
The value cap: $100,000 for 2024 and 2025. From 2026, the law adjusts it each year for inflation, with the Department of Treasury publishing the figure. We could not find a published 2026 figure, so contact the Secretary of State to confirm the current amount. Older pages often still list $60,000, which applied only through 2023.
Who signs: the surviving spouse. If there is no spouse, the Secretary of State's FAQ lists the order as all children equally, then parents equally, then siblings equally, then the closest next of kin. A will is not used for this route; the Secretary of State says a will only controls when it goes through probate court.
Steps
- Confirm the estate won't be probated and the vehicles are within the cap.
- Each heir taking ownership fills out TR-40a. When several heirs share equally, each heir who doesn't want the car fills out TR-40b (Certification of No Interest).
- If the car is going to someone other than the heirs (a buyer, for example), one qualified heir fills out TR-40c.
- If there was a loan, get a signed lien termination first. The lien must be released before the transfer.
- Go to a Secretary of State office with everything below. The TR-40a forms are verified at the office.
- Pay the $15 title fee plus any plate or registration fees, and claim the use tax exemption if it applies (see "Fees and Taxes").
Forms
- Form TR-40, a three-part packet: TR-40a (Certification from the Heir to a Vehicle), TR-40b (Certification of No Interest) and TR-40c (Certification of Ownership Transfer)
Documents
- Original title if available (if lost, a document listing the year, make and VIN; other documents may be required)
- Certified copy of the death certificate
- TR-40a for each heir taking ownership, and TR-40b or TR-40c as needed
- Signed lien termination statement, if there was a loan
- Odometer reading on the title (or Form BDVR-108 if the title is lost)
- Driver's license or ID for every heir completing a TR-40a
- Proof of Michigan No-Fault insurance if the vehicle will be registered in Michigan
A bill pending in the legislature, HB 4674 of 2025, would amend this section of law. It passed the House and is in a Senate committee, so check for changes.
An Executor Has Been Appointed
When it applies: the estate is being probated and the court has appointed a personal representative (an executor or administrator). If there's a will, it controls who gets the car only when it goes through probate; the personal representative then carries it out.
Steps
- Get a copy of the Letter of Authority from the probate court.
- The personal representative signs the seller's section of the title over to the new owner, including the odometer reading.
- If you are the personal representative, you can assign the title to yourself. Complete the seller's section and write "personal representative" after your signature.
- If there was a loan, get the lien termination.
- The new owner brings the signed title, a copy of the Letter of Authority, their ID and proof of insurance (if registering) to a Secretary of State office.
- Pay the $15 title fee and any plate or registration fees.
Forms: none beyond the title itself.
Documents
- Original title signed by the personal representative
- Copy of the Letter of Authority
- Lien termination, if there was a loan
- New owner's driver's license or ID
- Proof of Michigan No-Fault insurance if registering the vehicle
The Car Still Has a Loan
A car loan doesn't go away when the owner dies. Contact the lender to pay it off or ask how they handle the owner's death.
Paper title: the Secretary of State's FAQ says you need either the lien terminated or a letter from the lienholder approving the transfer. A termination can be the signed release on the title, a signed "paid" stamp, a separate signed statement listing the VIN, or a letter on the lender's letterhead listing the VIN.
Heir route (TR-40): the form says the lien must be released before the title is transferred.
Electronic title: if the lender holds the title electronically, it can't be transferred until the lender releases the lien. Contact the lienholder for help.
Documents
- Lien termination statement or lender letter listing the VIN (paper title)
- Electronic lien release from the lender (electronic title)
Fees and Taxes
- Title transfer fee: $15
- Plate transfer: $10 to $15
Use tax (sales tax). Michigan charges a 6% use tax on vehicle transfers, but most inherited cars don't owe it:
- The Secretary of State's FAQ says sales tax isn't collected when the car is transferred to a probated owner or the legal next of kin.
- MCL 205.93(3) exempts transfers to a spouse, mother, father, brother, sister, child, stepparent, stepchild, stepbrother, stepsister, grandparent, grandchild, legal ward or legally appointed guardian, and a gift to a beneficiary in the administration of an estate.
- Treasury's guidance and the title application also list in-laws as qualifying relatives, which the statute's text does not name. Treasury administers the tax, so contact the Department of Treasury if this matters for your family.
- If an heir adds a co-owner who isn't an immediate family relative of the deceased (or the inheriting heir's spouse), the Secretary of State says that co-owner owes 6% sales tax.
You claim the exemption on the title application (TR-11L) under "Tax exemption reason." You don't need to bring relationship documents to the office, but Treasury makes the final tax decision and may ask for proof later.
Where to Go
Death transfers are handled at a Michigan Secretary of State office. Every deceased-owner route on the Secretary of State's titles page says to go to an office, and Form TR-40a must be verified there.
- Online: the online title transfer is for one individual seller to one individual buyer, both with Michigan licenses and online accounts, so it doesn't fit a deceased owner.
- By mail: the title transfer page lists mail as unavailable for title transfers.
- Office visit: the Secretary of State offers scheduled office visits. Whether walk-ins are accepted for this transaction is not stated, so contact the office to confirm.
Phone: 1-888-SOS-MICH (1-888-767-6424)
Selling the Car Instead
With probate: the personal representative signs the seller's section of the title to the buyer. The buyer brings the title and a copy of the Letter of Authority to a Secretary of State office.
Without probate: one qualified heir can transfer the car straight to a buyer with Form TR-40c (Certification of Ownership Transfer), submitted with a TR-40a verified at a Secretary of State office. The heir certifies the title is free of all previous liens.
Use tax for the buyer: a buyer who isn't a qualifying relative pays 6% use tax on the greater of the purchase price or the car's retail value.
Selling or trading to a dealer: the Secretary of State's dealer manual says a surviving "Full Rights to Survivor" owner can assign the title to the dealer with a copy of the death certificate. Otherwise, the personal representative (with the Letter of Authority) or the spouse or next closest relative (with Form TR-40 and the death certificate) assigns the title. The Secretary of State office records the death certificate details and returns the certificate to the dealer, who returns it to the family.
If probate is needed, our state probate guide walks through it.