How to Transfer a Car Title After Death in Rhode Island

Rhode Island does not appear to offer a transfer-on-death beneficiary for car titles. The Certificate of Title chapter has no beneficiary section, and the DMV's Transfer at Death page lists only spouse, heir, small-estate and executor routes. Look at the other situations on this page to find the one that fits your family.

When it applies: the car was titled in the names of the person who died and someone else.

• If the surviving co-owner is the spouse, follow the surviving spouse steps below.
• For any other co-owner, we found no official Rhode Island guidance on how the title passes, or whether the wording on the title matters. Call the DMV Research/Title Office at (401) 462-5774 before your visit to ask what to bring.

When it applies: you were married to the owner. Under R.I. Gen. Laws section 31-3.1-37, unless the will says otherwise, the deceased person's cars belong to the surviving spouse. There is no dollar limit, and no probate or heir affidavit is needed.

Steps (from the DMV's Surviving Spouse page):

1. Gather the title in your spouse's name, the current registration, and an original death certificate.
2. On the back of the title, print and sign your name in both the buyer and seller areas, and write in the mileage.
3. Complete and sign the Application for Registration (TR-1) and the Sales or Use Tax Exemption Certificate.
4. If there is a loan on the car, get a permission letter from the lender (see the loan section below).
5. Make a reservation. Spouse transfers can be done at any DMV branch.

Forms:

• Application for Registration (TR-1)
• Tax Exempt Certificate (T-333-1), called the Sales or Use Tax Exemption Certificate on the DMV page
• Checklist for Registrations, see the "Surviving Spouse / Transfer at Death" box

Documents:

• The title in the deceased spouse's name (always required for model year 2001 and newer)
• The current registration in the deceased spouse's name
• An original death certificate. The DMV makes a photocopy and gives the original back.
• A police VIN check, if the car is from out of state

Cost: the DMV says no costs are associated with this transaction. The no-cost policy applies only to spouses, not other family members.

When it applies: there is no surviving spouse and no executor or administrator has been appointed. Rhode Island has two routes.

1. Sole Heir Affidavit (DMV form). The DMV lists this for next of kin, adult children, or parents of the deceased when there is no surviving spouse and no executor. The heirs swear that they are the sole heirs, that no letters testamentary or administration have been issued or are pending, and that there are no liens on the car. No dollar limit is stated on the form or the DMV page.

• Fill in the deceased person's name and date of death, the car's year, make and VIN, the name and address of the person receiving the car, and the odometer reading.
• Each heir signs and lists their relationship to the deceased in front of a notary.
• Leave the transfer section on the back of the title blank. The affidavit replaces it.

2. Small-estate voluntary executor or administrator (probate court). When there are no survivors and no executor, the DMV points families to a small-estate certificate from the probate court at the local city or town hall. Under section 33-24-1 (no will) and section 33-24-2 (will names an executor), the estate must be all personal property worth no more than $15,000, not counting "tangible personal property." Whether a car is left out of that count is up to the probate court, so ask the probate clerk. The statement can be filed only after 30 days from the death, and only if no probate petition has been filed. The clerk charges $5 for the certificate of appointment. Contact the probate court to confirm its form and filing fee.

Then, at the DMV: the new owner completes the TR-1 and the Sales or Use Tax Exemption Certificate and brings everything in by reservation.

Forms:

• Affidavit and Assignment of Title: Sole Heir Affidavit
• Application for Registration (TR-1)
• Tax Exempt Certificate (T-333-1)

Documents:

• The title in the deceased person's name
• The notarized Sole Heir Affidavit, or the probate court's certificate of appointment
• An original death certificate (the affidavit itself says a certified copy is required)
• A bill of sale or letter of gift; a gift letter from someone outside immediate family must be notarized, along with the Affidavit of Gift of Motor Vehicle (SU 87-65)
• A police VIN check, if the car is from out of state

When it applies: a Rhode Island probate court has appointed an executor or administrator. The DMV says the original Notice of Appointment from the probate court is the only acceptable document. No photocopies.

Steps:

1. Get the original Notice of Appointment naming the executor or administrator.
2. The executor or administrator signs the title as seller and assigns it to the person receiving the car.
3. Prepare a bill of sale or letter of gift. A gift to someone outside immediate family needs a notarized gift letter and Form SU 87-65.
4. The new owner completes the TR-1 and the Sales or Use Tax Exemption Certificate (or pays sales tax on a sale) and visits the DMV by reservation.

Forms:

• Application for Registration (TR-1)
• Tax Exempt Certificate (T-333-1)
• Affidavit of Gift of Motor Vehicle (SU 87-65)
• Sales Tax Form (T-334), for a sale to a buyer

Documents:

• The title, signed by the executor or administrator as seller
• The original Notice of Appointment
• A bill of sale or letter of gift
• A police VIN check, if the car is from out of state

When it applies: there is still a loan or lien on the car, or one was paid off but never released.

• The Sole Heir Affidavit can't be used while a lien remains. The heirs must swear there are no liens on the car.
• Surviving spouse keeping the loan: the DMV requires the original title and a permission letter from the bank to remove or add the new owner.
• Loan paid off: Rhode Island does not require a new title once the lien is satisfied. The lienholder signs off on the title or gives you a lien release letter. Releases need original signatures; loan contracts stamped "paid" are not accepted.

Steps:

1. Call the lender for the payoff and ask for a lien release (if paid) or a permission letter (if the loan continues).
2. Bring the original title and the lender's letter or release with your other documents.

Form: Application for Title (TR-2/TR-9), needed only for a duplicate or corrected title.

• Transfer title: $53.50, including a $3.50 technology surcharge (DMV fee table).
• Surviving spouse: no title fee. The spouse pays no registration fee for the year if the deceased spouse already paid it; otherwise a prorated amount for the rest of the year.
• Card payments: a service fee of at least $1.55, or 2.40% for transactions of $65 and over.
• Out-of-state cars: a police VIN inspection, set at $10 by statute.
• Small-estate certificate: $5 for the probate court's certificate of appointment.

Sales tax:

• Spouse: no tax owed if the car was registered in the deceased spouse's name, not a business.
• Other heirs: the DMV has every new owner sign the Sales or Use Tax Exemption Certificate and bring a bill of sale or letter of gift. Immediate family (parent, step-parent, sibling, step-sibling, spouse, child or step-child) need a signed gift letter. Others need a notarized gift letter and the gift affidavit (DMV sales tax page).
• We found no statute that expressly exempts an inheritance itself. The DMV's gift-letter process is the documented route.

About the exemption form: the DMV's Transfer at Death and Surviving Spouse pages link a "Tax Exempt Certificate (T-333-1)," but the registration checklist lists "T-331-1." Call the Research/Title Office at (401) 462-5774 to confirm which form and box to use.

DMV offices in Cranston (headquarters), Middletown, Wakefield and Woonsocket are open Monday through Friday, 8:30 a.m. to 4 p.m., by reservation only (locations and hours).

• Surviving spouse: any branch can process it.
• Other death transfers: the DMV says all other transactions go to the Cranston headquarters, 600 New London Avenue, Cranston, RI 02920. Its branch list is not fully clear on heir and executor transfers, so call to confirm before going to a branch.
• Research/Title Office: (401) 462-5774.
• Online or mail: no official source describes an online transfer. The Titles page allows some title work by mail, but doesn't say whether that includes death transfers. Contact the office to confirm.

You may not need to put the car in an heir's name before selling it.

• Sole Heir Affidavit: the heirs can assign the title directly to the buyer on the affidavit, with the buyer's signature and the odometer reading. Leave the back of the title blank. This only works if there is no loan on the car.
• Executor or administrator: signs the title as seller, with the original Notice of Appointment.
• Small-estate voluntary executor or administrator: the statute allows them to sell the car to turn it into cash.

The buyer pays Rhode Island sales tax of 7% when registering. For a car 7 years old or less, it's figured on the greater of the NADA clean retail value or the sale price. A buyer uses the Sales Tax Form (T-334).

If probate is needed, our Rhode Island probate guide walks through it.