How to Transfer a Car Title After Death in New Jersey

When it applies: the owner completed the MVC's Transfer on Death Beneficiary Designation form. New Jersey has allowed this since May 2023 under P.L.2022, c.13 (N.J.S.A. 39:3-30.1b).

Here's how it works. The MVC says the owner keeps the signed, notarized form; it is not filed in advance. After the death, the beneficiary brings it to the MVC. The car is not part of the estate, so no letters of administration are needed. A will does not override the designation. The transfer happens only after the owner dies, or after the last surviving co-owner dies. If no beneficiary is alive when the owner dies, the car goes back into the estate. The beneficiary takes the car subject to any lien.

Steps

1. Find the owner's completed, notarized TOD form.
2. Get the death certificate.
3. Complete the Universal Title Application (OS/SS-UTA) in the beneficiary's name.
4. If the title shows a loan, contact the lender (see "The Car Still Has a Loan").
5. Book an appointment and bring everything to an MVC Vehicle Center.

Forms

• Transfer on Death Beneficiary Designation (no form number; it cites N.J.S.A. 39:3-30.1b)
• Universal Title Application, OS/SS-UTA

Documents to bring

• The completed, notarized TOD form
• The original New Jersey title
• The death certificate (the MVC page does not say whether a copy is accepted; contact the MVC to confirm)
• The Universal Title Application
• The beneficiary's ID
• A lien release, if the title shows a lien

When it applies: the title is in both spouses' or domestic partners' names. This is the only joint-owner case the MVC describes.

If the co-owners were not spouses or domestic partners (for example, a parent and child), the MVC publishes no procedure, and it says nothing about "and" versus "or" between the names. Contact the MVC to confirm what it needs before your visit.

Steps

1. The surviving owner signs and completes the current title.
2. The surviving spouse or domestic partner signs Form BA-62 in front of a notary.
3. Book an appointment and bring the documents and the $60 title fee to an MVC Vehicle Center.
4. The existing registration can be transferred to an immediate family member for $4.50.

If a TOD beneficiary is also named, the beneficiary inherits only after the last surviving co-owner dies.

Forms

• Affidavit of surviving spouse or domestic partner, BA-62
• Universal Title Application, OS/SS-UTA

Documents to bring

• The current title, signed and completed by the surviving owner
• A copy of the death certificate
• Notarized Form BA-62
• The surviving owner's driver's license or ID
• A lien release, if the title shows a lien

There are two routes for a surviving spouse, civil union partner or domestic partner.

Car titled in both names: use notarized Form BA-62. See "The Car Was Co-Owned" above. No value cap is stated for this route.

Car titled only in the deceased's name, no will: if the deceased's whole estate (all real and personal assets, not just the car) is worth $50,000 or less, the survivor can use an affidavit instead of probate (N.J.S.A. 3B:10-3).

1. Confirm there is no will and the estate is $50,000 or less.
2. Sign the Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner before the Surrogate of the county where the deceased lived. It must carry the Surrogate's raised seal. This is a Surrogate document, not an MVC form.
3. Sign and complete the current title.
4. Book an appointment and bring the title, the sealed affidavit, your ID and the $60 title fee to an MVC Vehicle Center.

If the estate is worth more, an administrator must be appointed. If there is a will, the executor handles the transfer. See "An Executor Has Been Appointed."

Forms

• BA-62 (joint title only)
• Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner (from the County Surrogate)
• Universal Title Application, OS/SS-UTA

Documents to bring

• The current title, signed by the surviving spouse or partner
• Joint title: a copy of the death certificate and notarized BA-62
• Sole title, no will: the affidavit with the County Surrogate's raised seal
• Your driver's license or ID
• A lien release, if the title shows a lien

When it applies: the car was titled only in the deceased's name, there is no will, and the whole estate is under the cap. The caps count all of the deceased's real and personal assets, not just the car.

• Surviving spouse, civil union partner or domestic partner: estate of $50,000 or less (N.J.S.A. 3B:10-3). The first $10,000 of assets is free from the deceased's debts on this route.
• No spouse or partner: estate of $20,000 or less. One heir signs, with the written consent of the other heirs (N.J.S.A. 3B:10-4). The MVC calls this the Affidavit of Next of Kin.

The affidavit is signed at the Surrogate's office in the county where the deceased lived. If the deceased lived outside New Jersey, it can be signed before the Surrogate of a county where assets are located, or before the Superior Court. The person who signs gets the powers of an administrator and must account for the assets. A car with a TOD beneficiary skips this step entirely.

Steps

1. Confirm there is no will, the title is in the deceased's name alone, and the estate is under the cap.
2. No spouse or partner: get the other heirs' written consent.
3. Sign the affidavit at the County Surrogate's office. Make sure it carries the Surrogate's raised seal.
4. The spouse, partner or next of kin signs and completes the current title.
5. Book an appointment and bring the title, the sealed affidavit, your ID and the $60 title fee to an MVC Vehicle Center.

Forms

• Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner, or Affidavit of Next of Kin (both from the County Surrogate, not the MVC)
• Universal Title Application, OS/SS-UTA

Documents to bring

• The current title, signed by the spouse, partner or next of kin
• The affidavit with the County Surrogate's raised seal
• Your driver's license or ID
• A lien release, if the title shows a lien

When it applies: there is a will and an executor, or there is no will and the estate is above the affidavit caps, so the court appoints an administrator. A will cannot be probated until 10 days after the death (N.J.S.A. 3B:3-22).

Steps

1. Get a Surrogate's Short Certificate (executor) or an Administrator's Short Certificate (administrator) from the Surrogate of the county where the deceased lived. The MVC says an Administrator's Short Certificate must carry the Surrogate's raised seal.
2. If the title will be in the estate's name, apply for an MVC Entity Identification Number (EIN, formerly CorpCode). No EIN is needed if the title goes straight to a person.
3. The executor or administrator signs and completes the old title. It can go to the spouse, an heir or a buyer.
4. Book an appointment and bring the documents and the title fee ($60, or $85 if the vehicle is financed) to an MVC Vehicle Center.
5. If the car will be driven, it needs a new registration and New Jersey insurance in the estate's name. The existing registration can be transferred to an immediate family member for $4.50.

Forms

• Universal Title Application, OS/SS-UTA
• Application for Vehicle Registration, BA-49 (only if the car will be registered and driven)

Documents to bring

• The old title, signed and completed by the executor or administrator
• The Surrogate's Short Certificate (executor) or Administrator's Short Certificate with the Surrogate's raised seal (administrator)
• The EIN, if the title is going into the estate's name
• Your driver's license
• New Jersey insurance in the estate's name, if the car will be driven

When it applies: the title shows a lien.

The MVC says any lien on the deceased's title must be paid before a new title is issued, unless the lien is being transferred to the sole owner. A TOD beneficiary also takes the car subject to existing liens.

Steps

1. Contact the lender about paying off or transferring the loan.
2. Once the loan is paid, get the title endorsed by the lienholder or a lien satisfaction letter.
3. If you take over the loan, the Division of Taxation says sales tax is due on the loan principal you assume.
4. Not sure a lien is recorded? Request a title/lien search from the MVC online, or by mail with Form DO-22 and a $15 check or money order.

Forms

• Universal Title Application, OS/SS-UTA

Documents to bring

• The title endorsed by the lienholder, or a lien satisfaction or release letter
• Transfer of equity paperwork from the lender, if the loan is assumed

• Title fee: $60, or $85 for a financed vehicle (the extra $25 is the lien fee).
• Registration transfer: $4.50 to move the existing registration to an immediate family member (the MVC mentions this for the joint spouse and estate routes).
• Lien search by mail: $15 (Form DO-22).
• Surrogate fees: the affidavits and Short Certificates come from the County Surrogate, which sets its own fees. Contact the Surrogate's office to confirm.
• Payment: the MVC accepts American Express, Visa, MasterCard, Discover, check, money order or cash.

Sales tax. The MVC lists Exemption #5: "Vehicle was acquired by an heir, legatee or trust beneficiary." Exemptions are claimed at a motor vehicle agency. The MVC also says a vehicle is only exempt if the purchase price line on the back of the title is marked as a gift, so heirs write GIFT there. For a car left to you in a will, the Division of Taxation says that if it sends a Casual Sales Questionnaire, you check the Gift box, complete the Purchaser's Affidavit and enclose a copy of the will. If there is a loan, tax is due on the loan principal assumed (the rate is 6.625%). Official guidance does not spell out how the exemption applies on the no-will affidavit routes; contact the MVC to confirm.

Inheritance tax waiver. The Division of Taxation says no waiver is needed to transfer any motor vehicle. The car must still be reported on any inheritance or estate tax return.

The MVC says all documents for a deceased owner's car must be brought to an MVC Vehicle Center, and this type of transaction cannot be handled through the mail. Book an appointment first at telegov.njportal.com/njmvc.

The affidavits and Short Certificates come from the County Surrogate's office, which is a separate visit. Do that first, then take the sealed document to the MVC.

Full MVC instructions: Transfer of title upon death of owner.

The executor (with a Surrogate's Short Certificate) or the administrator (with an Administrator's Short Certificate carrying the Surrogate's raised seal) can sign the title over to a buyer directly.

For any sale, the MVC says the seller:

• Signs the seller's section on the back of the title and gives it to the buyer
• Gives the buyer a bill of sale with the buyer's name and address, date of sale, odometer reading and sale price
• Removes the plates

The buyer must transfer the title within 10 working days to avoid a $25 penalty.

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