How to Transfer a Car Title After Death in Mississippi

When it applies: the owner named a beneficiary on a title application submitted to DOR before they died, and the beneficiary's legal name is on the title.

Mississippi has allowed this since July 1, 2022 (House Bill 1430, now Miss. Code §§ 63-21-251 to 63-21-261). An owner can name one beneficiary. A few rules from the law:

• A will cannot override the beneficiary designation.
• The beneficiary must outlive the owner by 120 hours.
• If the car was owned jointly with right of survivorship, the surviving owner keeps it first. The beneficiary takes it only after the last owner dies.
• The beneficiary takes the car subject to any loan or lien.
• The law says the transfer to the beneficiary is not a taxable event.

How the process works:

1. Check the Mississippi title for the beneficiary's name.
2. Get a certified copy of the death certificate (or of each owner's, if the car was jointly owned).
3. Apply for a title no later than 180 days after the owner's death (or the last surviving owner's death), with proof of death.
4. Pay the $9 title fee.

DOR has not published a separate beneficiary form or instructions. Contact your county Tax Collector's office to confirm which application they use and what to bring.

Documents: the existing title showing the beneficiary, proof of death, a lien release if a lien is shown, and the $9 fee.

When it applies: two or more people are named on the title and one has died.

It depends on the word between the names. DOR's title rules and its FAQ describe three kinds:

• "AND/OR": right of survivorship. The survivor transfers the car with satisfactory proof of death and the survivor's signature. DOR's FAQ asks for the surviving spouse's signature and the death certificate.
• "OR": either owner has full authority to transfer the car. DOR's FAQ says only the surviving spouse's signature is needed.
• "AND": the deceased owner's share does not pass automatically. DOR's rules say probate is required, or, if no estate was opened, an "Affidavit Where the Owner Dies Without a Will." DOR's FAQ says the surviving spouse's signature and a court-endorsed copy of the probated will are needed.

A caution on "AND" titles: the Affidavit of Heirship for a Motor Vehicle (Form 78-014) has the next of kin swear the deceased was the "sole owner" of the car, so it may not fit an "AND" title as written. DOR's rule names an affidavit but gives no form number. Ask your county Tax Collector which affidavit they accept for the deceased co-owner's share before you fill one out.

How the process works:

1. Check whether the names are joined by "AND/OR", "OR" or "AND".
2. Take the title, the survivor's signature and the documents above to your county Tax Collector's office with a Title Application (Form 78-002).
3. Pay the $9 title fee.

Forms: Title Application (Form 78-002), which DOR's FAQ lists but does not post online; ask the Tax Collector's office for it.

Documents: the existing title, the death certificate ("AND/OR" titles), the survivor's signature, the court documents or accepted affidavit ("AND" titles), and a lien release if a lien is shown.

When it applies: you were married to the owner and want the car in your name.

If you are on the title too, see "The Car Was Co-Owned" above. DOR's FAQ frames its co-owner rules around a surviving spouse.

If the car was in your spouse's name only, no will was probated and no executor or administrator was appointed, the family can use the Affidavit of Heirship for a Motor Vehicle (Form 78-014). It lists all of the deceased's kin, and the next of kin state who the car should be titled to, which can be you. If an estate has been opened, the executor or administrator handles the car instead.

Sales tax: Mississippi's 5% motor vehicle sales tax does not apply to transfers between husband and wife, or to transfers by will or under the laws for someone who died without a will (Miss. Code § 27-65-201).

Mississippi also has a general small estate affidavit (Miss. Code § 91-7-322) that lists the spouse first among those who can use it, for probate estates of $75,000 or less after liens. DOR's vehicle pages don't mention it, so contact your county Tax Collector to confirm whether they accept it for a title.

When it applies: the car was in the deceased's name only, no will has been probated, and no administrator, executor or other personal representative has been appointed. DOR's FAQ also allows this route when there is a will that was not probated.

DOR's route is the Affidavit of Heirship for a Motor Vehicle (Form 78-014). The form states no value limit and no waiting period.

How the process works:

1. Fill out the affidavit: the date of death, the vehicle details (VIN, year, make, model, title number), the odometer reading, whether the deceased left a spouse and how many children, a list of all of the deceased's kin, and the person the car should be titled to.
2. The next of kin sign it in front of a notary. If minor or mentally incompetent children are among the next of kin, the surviving parent may act for them.
3. Take the affidavit, the existing title and a Title Application (Form 78-002) to your county Tax Collector's office.
4. Pay the $9 title fee.

The form doesn't say whether every heir must sign or whether a death certificate must be attached. Contact the Tax Collector's office to confirm before you go.

Mississippi's general small estate affidavit: Miss. Code § 91-7-322 covers probate estates of $75,000 or less after liens, once at least 30 days have passed since the death. DOR's vehicle pages only name Form 78-014, so ask the Tax Collector whether they accept the general affidavit for a title.

Documents: the notarized affidavit, the existing title, the Title Application, a lien release if a lien is shown, and the $9 fee.

When it applies: a court has opened an estate and appointed an executor or administrator.

DOR's FAQ says to bring a letter of administration or letters testamentary naming the person to receive the vehicle. Executors and administrators apply for a title using the same process. For a car titled "AND", DOR asks for a court-endorsed copy of the probated will.

A power of attorney the owner signed before death can't be used. DOR's rules say a "Power of Attorney to Transfer Motor Vehicle" automatically expires when the owner dies.

How the process works:

1. Get certified copies of your letters testamentary or letters of administration (and a court-endorsed copy of the probated will, if there is one).
2. If the car goes to an heir, complete a Title Application (Form 78-002) in the heir's name. If it is sold, sign the title over to the buyer as executor or administrator.
3. Take the title, the letters and the application to your county Tax Collector's office.
4. Pay the $9 title fee and any taxes that apply.

Documents: the existing title, your letters, the court-endorsed will (if any), the death certificate, and a lien release if a lien is shown.

When it applies: a lender is still listed on the title.

A loan doesn't go away when the owner dies. For a car passing to a named beneficiary, the law says the beneficiary takes it subject to all liens. Under DOR's rules, lenders with a federal EIN must release a paid-off lien electronically no later than 14 days after the loan is paid off. Some lenders instead release the lien on the paper title.

How the process works:

1. Call the lender for the payoff amount and ask how the lien will be released.
2. Pay off the loan from estate funds, or work out with the lender whether the heir can keep the car with the loan.
3. Once the lien is released, apply for the new title at your county Tax Collector's office. If the release was electronic, ask the Tax Collector to confirm it is on record first.

Documents: the lien release and the lender's payoff letter for your records.

• Title: $9 (DOR).
• Fast Track title: $39 in total ($9 plus a $30 surcharge), issued within 72 hours of DOR receiving it.
• Replacement title if the original is lost: $9 standard (Form 78-006) or $39 Fast Track (Form 78-026).
• Corrected title when the error was in the submitted paperwork: $10.

Sales tax: Mississippi charges a 5% sales tax on cars bought from a non-dealer, but Miss. Code § 27-65-201 exempts transfers by will or under the laws for someone who died without a will. It also exempts transfers between husband and wife, parent and child, grandparents and grandchildren, and siblings, and vehicles 10 or more years past their manufacture date. A transfer to a named beneficiary is not a taxable event under H.B. 1430.

The sources don't fully line up here. DOR's FAQ says executors and administrators "must pay all fees and taxes" and doesn't explain how that fits with the inheritance exemption. DOR also says an Affidavit of Relationship should be completed for transfers between relatives, but that form isn't posted online. Contact your county Tax Collector's office to confirm what applies to your car.

DOR's FAQ says to visit your local county Tax Collector's office for a deceased owner's car and to submit all forms and documents there. The official sources don't describe an online or mail-in option for this, or say whether appointments are needed, so call your county office before you go.

How long it takes: DOR's pages give different times for a standard title. Its titles page says typically within six weeks of a complete application, while its FAQ says 3-4 weeks. Fast Track titles are issued within 72 hours of DOR receiving them.

DOR Motor Vehicle Services: P.O. Box 1383, Jackson, MS 39215.

If an executor or administrator has been appointed, that person can transfer the car using their letters testamentary or letters of administration. They complete the seller's part of the title assignment, and the buyer applies for a new title at the county Tax Collector's office.

DOR warns never to accept or deliver a title that is incomplete or improperly assigned. Don't leave the buyer's name blank.

Without probate, DOR doesn't say whether an heirship affidavit can name a buyer directly. Contact your county Tax Collector's office to confirm how they handle it.

A buyer who purchases from a private seller generally pays Mississippi's 5% sales tax when titling, unless an exemption applies, such as a car 10 or more years old.

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