Pick Your Situation
The Title Names a Beneficiary (TOD)
Tennessee does not offer transfer-on-death (TOD) vehicle titles. The Department of Revenue's county clerk guide says "T.O.D." is not a conjunction the state recognizes. A 2026 bill that would have created this option (HB 1793 / SB 2029) stalled in committee and did not pass. If the car had a co-owner, see "The Car Was Co-Owned." Otherwise, see the spouse, no-probate or executor situations below.
The Car Was Co-Owned
When it applies: the title lists two or more owners. The county clerk guide says that when a car is owned in joint tenancy, the right of survivorship passes to the surviving co-owner automatically, whatever the conjunction or marital status.
How the process works:
- Look at how the owners' names are joined on the title: "and", "or" or "and/or".
- If the surviving co-owner is the spouse, the surviving spouse steps apply (no title fee within one year of the death).
- No official source lists the exact documents a non-spouse co-owner needs. Contact your county clerk's office to confirm, and bring the title and a copy of the death certificate. The clerk guide says a death certificate is required in every inheritance case.
- If the survivor later sells the car: with "and", all living owners must sign. With "or", one signature is enough. Older titles reading "and/or" are treated as "or".
Forms: Application for Noting of Lien, Duplicate Title, or Multipurpose Use (RV-F1315201) · Odometer Disclosure Statement (RV-F1317001) (if applicable)
Documents:
- Tennessee certificate of title
- Copy of the death certificate
- Multi-purpose title and registration application (RV-F1315201)
- Odometer disclosure statement, if applicable
You're the Surviving Spouse
When it applies: the car was in your late spouse's name. The county clerk guide says a surviving spouse or unmarried minor children are entitled to the family automobile without regard to its value.
How the process works:
- Complete the multi-purpose application (RV-F1315201) in your name.
- Gather the existing Tennessee title (unless a lienholder holds it) and a copy of the death certificate showing you as the surviving spouse. You do not need to sign the back of the title.
- File at your county clerk's office. A new title is issued at no cost within one year of the death. After one year, the title and plate are issued at regular cost.
- If you don't qualify for the current registration, a new plate is assigned.
Do you need an Affidavit of Inheritance? Official sources disagree. The Department of Revenue says one "may also be required," while the county clerk guide says it is not needed for a transfer from a surviving spouse. Contact your county clerk to confirm.
Forms: Application for Noting of Lien, Duplicate Title, or Multipurpose Use (RV-F1315201) · Affidavit of Inheritance (RV-F1310501) (if the clerk asks for it)
Documents:
- Multi-purpose title and registration application
- Existing Tennessee title (unless held by a lienholder)
- Copy of the death certificate showing the surviving spouse
- Fees, if applicable
No Probate (Small Estate or Heirs)
When it applies: the owner left no will, there is no surviving spouse, the estate needs no administration and no executor or administrator has been appointed. Tennessee's route for this is the Department of Revenue's Affidavit of Inheritance. All heirs and next of kin sign it to give the car to one person.
Is there a value limit? Sources disagree. The form, the Department's rule and its help articles state no dollar limit. The county clerk guide says the affidavit is for estates of $25,000 or less, or $50,000 if the person died after 2014. Ask your county clerk which limit they apply.
What if there is a will that won't be probated? The clerk guide says an Affidavit of Inheritance plus a death certificate is used, but the form itself describes a person who left no will. Contact your county clerk to confirm.
How the process works:
- Download the official Affidavit of Inheritance (RV-F1310501). Homemade or handwritten affidavits are not accepted.
- Fill in the vehicle details, the deceased owner's name, and the date and county of death. Describe fully any liens or debts that are or could become a lien on the car. The signers state this under penalty of perjury.
- Name the new owner. The new owner signs, and every heir and next of kin signs to give up their claim. For example, if an unmarried person with no children dies without a will and both parents inherit, both parents sign.
- An heir who can't sign at the same time can attach a separate affidavit giving up their claim, or a power of attorney for someone to sign for them.
- On the back of the title, nobody signs as seller. The new owner signs only in the buyer spot to certify the odometer reading.
- Take everything to your county clerk's office.
Court small estate route: the clerk guide says a court-certified small estate filing can be used instead of the Affidavit of Inheritance. County court clerk pages (for example, Rutherford and Sevier) describe it for probate estates of $50,000 or less with no real estate. Under the 2022 state law, it can't be filed until 45 days after the death, unless the court shortens that wait for good cause. Official sources describe this court document in different ways, and some counties, such as Sevier, require it to be prepared by an attorney. Contact your county probate court clerk to confirm what they issue, then bring a clerk-certified copy to the county clerk.
Forms: Affidavit of Inheritance (RV-F1310501) · Application for Noting of Lien, Duplicate Title, or Multipurpose Use (RV-F1315201) · Odometer Disclosure Statement (RV-F1317001) (if applicable)
Documents:
- Affidavit of Inheritance, signed by all heirs and next of kin and the new owner
- Copy of the death certificate
- Tennessee certificate of title
- Multi-purpose title and registration application
- Odometer disclosure statement, if applicable
- Separate affidavit or power of attorney for any heir who could not sign
An Executor Has Been Appointed
When it applies: the will names an executor, or the court has appointed an administrator. That person signs the existing title over to the new owner, whether that's an heir or a buyer. If there are co-executors, both must sign.
How the process works:
- Get the probated will, or certified letters testamentary or letters of administration, from the probate court clerk.
- The executor or administrator signs the title over to the new owner.
- The new owner completes the multi-purpose title and registration application.
- File at the county clerk's office with the letters, the signed title, a copy of the death certificate and any odometer disclosure.
If the will leaves the car to someone, that person must title and register it in their own name before selling it.
Forms: Application for Noting of Lien, Duplicate Title, or Multipurpose Use (RV-F1315201) · Odometer Disclosure Statement (RV-F1317001) (if applicable)
Documents:
- Probated will, or certified letters testamentary or letters of administration
- Title signed by the executor or administrator (both co-executors, if two)
- Multi-purpose title and registration application
- Copy of the death certificate
- Certificate of registration, if applicable
- Odometer disclosure statement, if applicable
The Car Still Has a Loan
When it applies: there's still a loan on the car. The lien stays on the car after the owner dies. While a lien is open, a duplicate title can only be issued to the lienholder.
How the process works:
- Contact the lender to get the payoff amount and find out whether they hold the title.
- Pay off the loan, or work out with the lender how the new owner will handle it.
- Once it's paid, the lender releases the lien by signing the release on the title or sending a release letter on its letterhead showing the full VIN.
- If you use the Affidavit of Inheritance, describe any remaining lien on the form.
- Retitle the car as soon as you can. Until you do, tow companies, storage lots and garages that look up the owner will contact only the registered owner and lienholder, not the heirs.
Forms: Affidavit of Inheritance (RV-F1310501) (lists any remaining liens)
Documents:
- Lien release from the lender (signed title release or release letter showing the VIN)
- The title, from the lender if they hold it
- The ownership papers for your route (spouse, executor or Affidavit of Inheritance)
Fees and Taxes
Title fee: we could not confirm a single statewide fee for an inherited-car transfer, and counties add their own fees. As one example, Rutherford County charges $20.50 to transfer a title and existing plate, or $99.50 for a new tag and title. Ask your county clerk for the exact amount.
Surviving spouse: no title fee if you apply within one year of the death. The clerk guide says there's also no registration fee unless a new plate is needed or the plate is being renewed.
Other fees:
- Standard passenger plate: $26.50, plus any county fees
- Court small estate filing: set by each county (for example, $229.50 in Rutherford County)
Sales tax: no official Tennessee source we found directly addresses sales tax on an inherited car. The Department of Revenue says car transfers between spouses, siblings and lineal relatives are not subject to sales or use tax, and neither is a car gifted from one person to another. Those transfers use the Affidavit of Non-Dealer Transfers of Motor Vehicles and Boats (RV-F1301201). Ask your county clerk how they handle an inherited vehicle.
Where to Go
Title applications for an inherited car are filed at your county clerk's office, normally in the county where you live. Find your county clerk.
- Plan to go in person. Rutherford County, for example, says owners must appear in person for new titles. Contact your county clerk to confirm whether they accept mail or require an appointment.
- Bring proof of identification and proof of residency.
- Electronic signatures are not accepted on titles, so sign paper documents by hand.
Selling the Car Instead
Who signs the title to a buyer depends on your route:
- Executor or administrator: signs the title over to the buyer with certified letters attached. Both co-executors sign if there are two.
- Surviving spouse: can sell without first titling the car in their own name by assigning the existing title, for example "Owner's Name by Spouse's Name." The buyer gets the assigned title, a copy of the death certificate, the multi-purpose application and an odometer disclosure if applicable.
- Affidavit of Inheritance: the person named as the new owner assigns the title to the buyer. The buyer's packet includes the affidavit, a copy of the death certificate and the assigned title.
- Will beneficiary: someone who receives the car under a will must title and register it in their own name before selling it.
If probate is needed, our Tennessee probate guide walks through it.