How to Transfer a Car Title After Death in Missouri

When it applies: the face of the title shows "TOD" or "transfer on death to" followed by your name, and every owner listed on the title has died. If a co-owner is still living, the car goes to that co-owner first (see "The Car Was Co-Owned").

Missouri law lets a sole owner, or joint owners who are not tenants in common, name one or more TOD beneficiaries. The Department of Revenue says naming a beneficiary avoids the need for the vehicle to go through probate. A will cannot change or revoke the TOD designation. The beneficiary takes the car subject to any loan or lien still on it.

How the process works:

• Complete Form 108 in the beneficiary's name.
• Gather proof of death of all owners and the existing title naming the beneficiary.
• Submit at any Missouri license office or by mail, with the $8.50 title fee and $9 processing fee.
• If you plan to sell instead, you can assign the existing title directly to the buyer without first titling it in your name (see "Selling the Car Instead").

Forms: Application for Missouri Title and License (Form 108)

Documents:

• Existing Missouri title naming the TOD beneficiary
• Proof of death of all owners on the title (the Department may rely on a death certificate)
• Completed and signed Form 108
• Lien release (Form 4809) if a lien is shown and has been paid off
• Proof of insurance, inspections and a personal property tax receipt only if you are also registering the car (Form 108 says these are not required for title only)

When it applies: the title lists two or more owners. Missouri treats co-owners as joint tenants unless the tenants in common box was marked, in which case the title prints "T/C" in the owner name field.

• No "T/C" on the title: the surviving owner receives the car upon proof of death.
• "T/C" on the title: each owner owns only a share. The deceased owner's share passes through the probate court, and the new title is issued to the surviving owners and the deceased owner's personal representative or successors.

How the process works (joint tenancy):

• Complete Form 108 for a new title in your name alone. You can add a different co-owner or name a TOD beneficiary at the same time.
• Submit the unassigned title (do not sign it over) with proof of death of the deceased co-owner.
• If a loan is still open, get the lienholder's authorization on Form 4809 to remove the name.
• Pay the $8.50 title fee and $9 processing fee at any license office or by mail.

Forms: Application for Missouri Title and License (Form 108) · Notice of Lien, Lien Release, or Authorization to Add/Remove Name from Title (Form 4809) (only if a lien exists)

Documents:

• Original title, unassigned
• Proof of death of the deceased co-owner (the Department lists a copy of the death certificate, a newspaper obituary clipping or a funeral home card)
• Completed Form 108
• Lienholder authorization on Form 4809, if there is an outstanding lien

When it applies: the car was titled in the deceased owner's name, with no surviving co-owner and no TOD beneficiary. The Department of Revenue says a surviving spouse, or if there is none the unmarried minor children, can transfer one vehicle without a probate order by claiming it as exempt property. Missouri law gives this one car without regard to its value.

Form 2305 says the spouse must have been married to the deceased and not divorced or separated for more than one year before the death. It also asks whether any prenuptial or postnuptial agreement covers the deceased's personal property.

How the process works:

• Complete Form 108 in the surviving spouse's name (or the minor child's name).
• Complete Form 2305 and sign it in front of a notary. License offices offer notary service for $2.
• Attach a photocopy of proof of death, such as a death certificate or obituary.
• Submit with the title and the $8.50 title fee plus $9 processing fee at any license office or by mail.
• If you want to sell the car, title it in your name first, then sign it over to the buyer.

Forms: Application for Missouri Title and License (Form 108) · Affidavit to Establish Title to Exempt Property (Form 2305)

Documents:

• Title in the deceased owner's name
• Completed and signed Form 108
• Completed, signed and notarized Form 2305
• Photocopy of proof of death (death certificate or obituary)
• Copy of any prenuptial or postnuptial agreement covering the deceased's personal property, if one exists
• Lien release (Form 4809) if a paid-off lien is shown on the title

When it applies: there is no TOD beneficiary and no surviving co-owner. The Department of Revenue says the vehicle must then go through probate before ownership can transfer. Missouri's probate court offers a shorter path for small estates, and a surviving spouse or minor child may be able to use the one-vehicle route above instead.

Small estate affidavit: filed with the probate division of the circuit court, not with the Department of Revenue.

• The whole estate, less liens and debts, must be $40,000 or less. Property held as joint tenants or tenants by the entirety does not count.
• At least 30 days must have passed since the death, with no application for letters pending or granted.
• It can be signed by the personal representative named in a will that was presented for probate on time, or otherwise by any heir entitled to the property.
• The court may require a bond and charges a filing fee. If the property listed is worth more than $15,000, the clerk publishes a notice in a local newspaper.

The Department will also issue a title based on a certified court order, such as one refusing letters of administration or authorizing distribution of the estate. Court forms, filing fees and bond practice vary by county. Contact your county probate court to confirm.

How the process works:

• File the small estate affidavit with the probate court in the county where the deceased lived, and get the clerk's certificate.
• The person who signed the affidavit signs the title over to the new owner (an heir or a buyer).
• The new owner completes Form 108 and submits it with the assigned title, the original or certified small estate certificate and affidavit, and $17.50 at any license office or by mail.

Forms: Application for Missouri Title and License (Form 108) · Small estate affidavit (from your county probate court)

Documents:

• Title in the deceased owner's name, assigned to the new owner
• Original or certified copy of the small estate certificate and affidavit, or a certified court order
• Completed Form 108
• Proof of death of all owners on the title
• Lien release (Form 4809) if a paid-off lien is shown on the title

When it applies: the probate court has issued Letters Testamentary (executor) or Letters of Administration (administrator). The personal representative signs the title over to the new owner, whether that's an heir or a buyer.

How the process works:

• Get Letters Testamentary or Letters of Administration from the probate division of the circuit court.
• The executor or administrator signs the title over to the new owner, with the odometer reading and date.
• The new owner completes Form 108.
• Submit the assigned title, Form 108, the original or certified letters and $17.50 at any license office or by mail.
• Missouri law also calls for a court order approving the transfer, or a statement that the representative has authority to transfer without one. The Department's FAQ lists only the letters, so contact the Department or the license office to confirm what they need.
• If the title is lost, the personal representative can apply for a duplicate title in the estate's name (if one is open) or the deceased's name.

Giving the car to an heir: the personal representative (except a creditor holding letters of refusal) can give the car as a gift with no sales tax if the deceased paid the tax on it and a gift affidavit is presented. No sales tax is due if the representative titles the car in their own name.

Forms: Application for Missouri Title and License (Form 108) · General Affidavit (Form 768) (as the gift statement, if the car is a gift)

Documents:

• Title in the deceased owner's name, assigned by the executor or administrator
• Original or certified copy of the letters
• Court order approving the transfer, or a statement of the representative's authority (if asked)
• Completed Form 108
• Gift affidavit, if the car is being given to an heir
• Lien release (Form 4809) if a paid-off lien is shown on the title

When it applies: there's still a loan on the car. Missouri law says a new title issued to a surviving owner or TOD beneficiary is subject to any outstanding security interest, so the loan stays with the car. The Department of Revenue does not publish a death-specific process for this, so ask the lender how it will handle the lien.

How the process works:

• Once the loan is paid, the lender must release the lien on a separate notarized document (Form 4809 or a notarized release on its letterhead) within five business days.
• To remove a deceased co-owner's name while the loan is still open, get the lienholder's authorization on Form 4809.
• Submit the release or authorization with your title application under your route above.
• If the deceased was the lender on someone else's car, the executor can release the lien with an original or certified copy of the probate court order.

Forms: Notice of Lien, Lien Release, or Authorization to Add/Remove Name from Title (Form 4809)

Documents:

• Notarized lien release once the loan is paid
• Lienholder authorization (Form 4809) to remove a name while a lien is open
• If a lien release can't be obtained: a court order instructing the Director of Revenue to release the lien

Title fee: $8.50 plus a $9 processing fee, for $17.50 in total. This applies to the TOD, co-owner, surviving spouse, small estate and executor routes.

Other fees:

• Notary service at a license office: $2 (Form 2305 must be notarized)
• Registration (license plates), if you register the car: based on taxable horsepower, for example $18.25 for one year in the lowest bracket, plus a $9 processing fee
• Recording a new lien: $9 processing fee
• Probate court filing, bond and newspaper notice costs for the small estate and probate routes are set by the court. Contact your county probate court to confirm.

Title penalty: Missouri law charges $25 for each 30 days (up to $200) when a title isn't applied for within 30 days of acquiring a vehicle. The Director of Revenue can waive it for good cause, and the Titling Manual counts it from the date the title is assigned. No official source says whether or from what date it applies to inherited cars, so it helps to apply promptly once you have the paperwork. Contact the Department to confirm.

Sales tax: state law exempts a vehicle acquired by gift, under a will or by inheritance when the deceased paid the tax on it. The Department also says no sales tax is due when the executor titles the car in their own name or gives it as a documented gift. No official source addresses sales tax for a TOD beneficiary or a surviving joint owner, so contact the Department of Revenue at (573) 526-3669 to confirm. A buyer who purchases the car from the estate pays 4.225% state sales tax plus local tax.

You can apply in person at any Missouri license office or by mail to the Department of Revenue's Motor Vehicle Bureau.

• Mailing address: official sources give different addresses. Form 108 says Motor Vehicle Bureau, P.O. Box 100, Jefferson City, MO 65105-0100. The Department's FAQ gives 301 West High Street, Room 370, Jefferson City, MO 65105-0100. Call (573) 526-3669 to confirm which to use.
• Don't send cash by mail. Pay by check or money order payable to the Missouri Department of Revenue.
• Whether license offices require appointments is not stated in official sources. Contact your local license office to confirm.

Who signs the title to a buyer depends on your route:

• TOD beneficiary: can sell without first titling the car in their own name. Assign the existing title to the buyer and give them proof of death of the owner(s).
• Surviving spouse or minor child (Form 2305): must title the car in their own name before signing it over to a buyer.
• Executor, administrator or small estate affiant: signs the title over to the buyer, who applies with the letters or the small estate certificate and affidavit.

Under the Department's general rules for sellers:

• Print and sign your name in the title assignment area (no notary needed), and write in the odometer reading and date of sale.
• Provide a notarized lien release (Form 4809), if applicable.
• Provide a safety inspection less than 60 days old if one is required. Vehicles in their first ten model years with under 150,000 miles are exempt. An emissions inspection is also needed in St. Louis City and St. Louis, St. Charles and Jefferson counties, if applicable.
• Remove the license plates before the buyer takes the car.
• Report the sale within 30 days on a Notice of Sale (Form 5049) or Bill of Sale (Form 1957).

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