How to Transfer a Car Title After Death in New Hampshire

We found no way to name a transfer-on-death beneficiary on a New Hampshire car title. The state's transfer-on-death laws cover securities and real estate, and the DMV's rules for vehicles passing by estate list only a surviving spouse, surviving joint owners, a will carried out by an executor or administrator, and a probate court decree.

If the deceased was married, see You're the Surviving Spouse. If another person is named on the title, see The Car Was Co-Owned. Otherwise, see An Executor Has Been Appointed.

When it applies: two or more people own the car with right of survivorship. Under RSA 261:17, owners joined by "or" on the title have survivorship automatically. Owners joined by "and" have it only if they designated it on their title application.

If the names are joined by "and" with no survivorship designation, official sources do not say how the transfer works. Contact your town or city clerk to confirm before you start.

Steps

• Check how the owners' names are joined on the title.
• To keep driving the car, you can keep registering it without a new title. Your birth month now sets the renewal month.
• To sell it, sign the title over to the buyer. Your signature plus a copy of the death record is enough under RSA 261:17.
• To put the title in your name alone, bring the old title and a copy of the death certificate to your town or city clerk, who prepares the title application.
• Pay the $35 title fee.

Forms

• Application for Certificate of Title (TDMV 23 / TDMV 23B). The clerk prepares this for you; it is not available to download.

Documents

• Copy of the deceased owner's death certificate
• The previous New Hampshire title
• $35 title fee
• Lien release, if a loan on the car has been paid off

When it applies: a married New Hampshire resident died owning a car that was registered in New Hampshire and used for family purposes. Under RSA 261:17, the car is treated as jointly owned with right of survivorship and passes to the surviving spouse, unless the title says otherwise. This rule has no dollar limit. The owner's death does not cancel the registration by itself.

Steps

• Get a copy of the death certificate that lists you as the surviving spouse.
• To keep the car, bring the title (or the lender's information) and the death certificate copy to your town or city clerk, who prepares the title application and handles the registration.
• State law waives the title fee for a "first certificate of title" in the spouse's name alone if you apply within 13 months of the death (RSA 261:20). That wording appears aimed at cars with no New Hampshire title yet, so ask the clerk whether the waiver applies when the car is already titled.
• To sell instead, sign the title over to the buyer and give them a copy of the death record. You do not need a new title first.

Forms

• Application for Certificate of Title (TDMV 23 / TDMV 23B), prepared by the clerk.

Documents

• Copy of the death certificate listing the surviving spouse
• The previous title, or the lender's information if a lender holds it
• $35 title fee, unless the clerk confirms the waiver applies
• Registration paperwork and fees, if you will keep driving the car

New Hampshire has no small estate affidavit, and the DMV's title rules have no heir affidavit route. If the spouse rule or a surviving joint owner applies, the car can pass without probate (see those situations).

If neither applies, the car generally goes through the Circuit Court Probate Division. The court appoints an administrator, who signs the title over to whoever receives the car.

For simpler estates, New Hampshire offers waiver of administration (RSA 553:32). It still needs a court appointment, but it skips the inventory, bond and accounting in certain cases, for example when the sole heir is appointed administrator. The estate is then closed by filing an affidavit 6 to 12 months after appointment. Contact the probate court to confirm whether an estate qualifies and which forms and fees apply.

Documents (once an administrator is appointed)

• Copy of the court's certificate of appointment
• The existing title, signed over by the administrator or executor
• Copy of the probate court decree awarding the car, if applicable (estates without a will)
• $35 title fee

When it applies: the probate court has appointed an executor or administrator. Under the DMV's rules (Saf-C 1919):

• With a probated will: the new owner gets the signed title and a copy of the executor's or administrator's certificate of appointment.
• Without a will: the administrator disposes of the car as the probate court decrees. The new owner also submits a copy of the decree awarding the transfer, if applicable.

Steps

• Get copies of the certificate of appointment from the Circuit Court Probate Division.
• The executor or administrator signs the title over to the person receiving the car, or to a buyer.
• If there was no will, get a copy of any court decree awarding the car.
• The new owner brings these documents to their town or city clerk, who prepares the title application.
• Pay the $35 title fee, plus registration fees if the car will be driven.

Forms

• Application for Certificate of Title (TDMV 23 / TDMV 23B), prepared by the clerk.

Documents

• The existing title, signed over by the executor or administrator
• Copy of the certificate of appointment
• Copy of the probate court decree awarding the transfer, if applicable
• $35 title fee
• Lien release, if applicable

If there is a loan, the lender usually holds the title. Under RSA 261:14, a lender holding the title must either give it to the new owner for delivery to the DMV or send it to the DMV with the new owner's application, unless the transfer breaches the loan agreement. Handing over the title does not cancel the lender's rights.

Steps

• Contact the lender about paying off or taking over the loan.
• If the loan is paid off, get a signed Release of Lien and the title from the lender.
• If the loan stays in place, ask the lender to send the title to the DMV with the new owner's application, or to give it to the new owner.
• Bring the lien release or the lender's information to your town or city clerk, along with the documents for your situation.

Forms

• Release of Lien or Other Encumbrances (TDMV 20A), signed by the lender when the loan is paid off.

• Title fee: $35 for a title after a transfer (RSA 261:20, raised from $25 on Jan. 1, 2026). Some older pages may still say $25.
• Surviving spouse: state law waives the fee for a "first certificate of title" in the spouse's name alone if the application is made within 13 months of the death. It is unclear whether clerks apply this when the car already has a New Hampshire title, so ask your clerk.
• Duplicate title (if the original is lost): $35.
• Late penalty: by law, if a required title application is not delivered to the DMV within 20 days of when it is due, the DMV charges a penalty equal to the fee. Ask the clerk how this applies to a transfer after a death.
• Sales tax: none. New Hampshire's list of state taxes does not include a sales or use tax, so there is no exemption to claim.
• Registration: if the car will be driven, registration costs are separate. They include a town permit fee based on the car's list price and model year, plus state fees. Contact your town or city clerk to confirm the amount.

Start at the town or city clerk's office where the new owner lives. In New Hampshire, a title application can be prepared only by a town or city clerk, a licensed NH dealer or a lender (NH DMV). The clerk sends it to the DMV, and the new title is mailed in about 30 to 50 days. Registration also starts at the town or city clerk.

Whether you need an appointment depends on your town. Contact your clerk's office to confirm.

Older cars: New Hampshire does not title cars from model year 1999 or older (DMV title FAQ). Those change hands with a bill of sale (TDMV 22A) plus a VIN verification (TDMV 19A) or a copy of the previous registration or title. Official sources do not say who may sign for a deceased owner on that bill of sale, so ask your clerk.

Who signs depends on how the car passed:

• Surviving spouse or joint owner with survivorship: sign the title over to the buyer and give them a copy of the death record. You do not need to retitle first (RSA 261:17).
• Everyone else: the court-appointed executor or administrator signs the title over to the buyer, and the buyer gets a copy of the certificate of appointment.

The buyer then applies for a new title at their own town or city clerk and pays the $35 title fee. There is no sales tax.

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