How to Transfer a Car Title After Death in North Dakota

We found no transfer-on-death (TOD) or beneficiary option for North Dakota car titles. NDDOT does not say this in writing; it is what the sources show. The title application (SFN 2872) has no beneficiary field, the title chapter of state law has no TOD provision, and the "Estate" section of the NDDOT Registration Manual lists only three routes: the small estate affidavit, a survivorship title, or the court's Letters or order. The ownership choices on the application are "And", "Or" and "And/Joint Tenants with Right of Survivorship".

See the co-owner, no-probate and executor situations below. To confirm, call NDDOT Motor Vehicle at 701-328-2725.

When it applies: two names are on the title and one owner has died. What happens depends on how the names are joined on the face of the title.

• "And/Joint Tenants with Right of Survivorship" (JTWROS): per the NDDOT Registration Manual, the survivor signs the title and attaches a certified copy of the death certificate.
• "Or": the manual says either owner may sign. NDDOT does not say in writing what a surviving "Or" owner must bring to put the car in their name alone. Call 701-328-2725 to confirm.
• "And" with no survivorship wording: both owners must sign, so the deceased owner's share needs the small estate affidavit (SFN 2916) or the court's Letters or order. See those situations below.

How the process works:

• Get a certified copy of the death certificate.
• Complete Application for Certificate of Title & Registration of a Vehicle (SFN 2872) in the surviving owner's name. For a JTWROS car now going into one name, enter tax exemption 2 in the exemption box.
• Bring the title, death certificate, application, photo ID and the $5 title fee to a motor vehicle office.

Forms: Application for Certificate of Title & Registration of a Vehicle (SFN 2872).

Documents: original North Dakota title, certified death certificate, SFN 2872, valid photo ID, $5 title fee.

When it applies: your spouse has died and owned the car alone or with you.

We found no special North Dakota rule for a surviving spouse transferring a car title. A spouse uses the same routes as anyone else:

• Both of you on the title: follow the co-owner steps above.
• Title in your spouse's name alone, whole estate $100,000 or less after liens: use Affidavit for Collection of Personal Property of the Decedent (SFN 2916) once 30 days have passed. See the no-probate situation below.
• Otherwise: a personal representative appointed by the court transfers the car.

Forms: Affidavit for Collection of Personal Property of the Decedent (SFN 2916); Application for Certificate of Title & Registration of a Vehicle (SFN 2872).

Documents: original title, certified death certificate, the notarized affidavit (no-probate route) or a copy of the court's Letters (probate route), SFN 2872 and the $5 title fee.

When it applies: the car was in the deceased person's name alone, and all of these are true:

• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000.
• At least 30 days have passed since the death.
• No one has applied to be, or been appointed, personal representative in any court.

The North Dakota courts' self-help page adds that no real estate can be part of the probate estate. That condition comes from court guidance, not the statute or the NDDOT form.

The person entitled to the car under the will or state inheritance law (the successor) signs the affidavit in front of a notary or other authorized officer. Nothing is filed with a court. Filing a false affidavit is a Class A misdemeanor.

How the process works:

• Get a certified copy of the death certificate.
• Complete Affidavit for Collection of Personal Property of the Decedent (SFN 2916) and sign it before a notary.
• Complete Application for Certificate of Title & Registration of a Vehicle (SFN 2872) in your name and enter tax exemption 3 (Inheritance).
• Bring the title, affidavit, death certificate, application, photo ID and the $5 title fee to a motor vehicle office.

Documents: original North Dakota title, certified death certificate, notarized SFN 2916, SFN 2872, valid photo ID, $5 title fee.

When it applies: the estate is in probate and the district court has appointed a personal representative (executor or administrator).

The NDDOT Registration Manual says that when the affidavit or a survivorship title does not apply, a copy of the Letters Testamentary, Letters of Administration, or a court order must go with the title. A will by itself is not accepted to transfer a title. The courts' informal probate guidebook lists a $160 filing fee to open informal probate. We found no NDDOT guidance on exactly how the personal representative signs the title; contact the office to confirm.

How the process works:

• Get a copy of the Letters (or court order) and a certified copy of the death certificate.
• The personal representative assigns the title to the heir or buyer. If the title uses "and", both owners must sign.
• The new owner completes Application for Certificate of Title & Registration of a Vehicle (SFN 2872) and brings the title, Letters, death certificate, ID and the $5 fee to a motor vehicle office within 30 days.
• If the title is lost, the owner's legal representative can apply for a duplicate title ($5).
• Call NDDOT Motor Vehicle at 701-328-2725 to confirm the paperwork before you go.

Forms: Application for Certificate of Title & Registration of a Vehicle (SFN 2872); Assignment and Warranty of Title (SFN 2877) (only for vehicles that do not need an odometer disclosure).

Documents: original title assigned by the personal representative, copy of the Letters or court order, certified death certificate, SFN 2872, $5 title fee, lien release if there was a loan.

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

A loan does not go away when the owner dies. Once the loan is paid off, North Dakota law requires the lender to release its lien within 10 days after a demand, and in any event within 30 days of payoff. Lenders on NDDOT's electronic lien system follow that system's procedure instead.

How the process works:

• Contact the lender for the payoff amount and how it will release the lien.
• After payoff, get the lien release or released title from the lender.
• Submit the release with the title transfer, or on its own with the $5 fee for a new title.

Forms: Release of Lien by Legal Owner (SFN 2876), signed by the lender in front of a notary.

Documents: lien release or released title, plus the documents for your transfer route above.

• Title fee: $5.
• Duplicate title (if the original is lost): $5.
• Plate transfer (plate credit): $5.
• New title after a lien release: $5.
• Branch fees: many county/branch offices charge one. The amount is not published; contact the office to confirm.
• Registration fees: due if the car will be driven. They vary by vehicle; contact the office to confirm.

Excise tax: North Dakota charges a 5% motor vehicle excise tax when a vehicle is titled. A car acquired by inheritance, by will, or through a deceased owner's trust is exempt, and so is a transfer without payment to a joint tenant. Claim it on Application for Certificate of Title & Registration of a Vehicle (SFN 2872) by entering 3 (Inheritance) or 2 (JTWROS car now in one name). A purchase from an estate is taxed: the buyer pays the 5%.

Title work is handled at NDDOT in Bismarck and at county/branch motor vehicle offices. Find one on the motor vehicle locations page.

• Appointments: many offices work by appointment, and some take walk-ins. Book with the online scheduler or call 1-855-633-6835.
• Mail: some offices process mailed-in paperwork, but no official source says a death transfer can be finished by mail. Contact the office to confirm.
• Online: NDDOT's online services do not include title transfers.
• Questions: NDDOT Motor Vehicle Division, 701-328-2725.

In probate, the personal representative signs the title over to the buyer, showing the buyer's name and the selling price, and gives the signed title to the buyer within 30 days. The buyer then has 30 days to apply for a new title and pay the $5 fee.

• If the car is less than nine model years old, the seller completes a Damage Disclosure Statement (SFN 18609).
• The buyer pays the 5% excise tax. The inheritance exemption does not cover a purchase from an estate.
• If an heir got the car through the affidavit or as a surviving co-owner, it is often simpler to title it in their own name first and then sell it. NDDOT does not say whether an affiant can sign directly to a buyer; contact the office to confirm.

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