How to Transfer a Car Title After Death in Virginia

When it applies: the title shows a beneficiary's name below the owner's name and address, marked "Transfer on Death" or "TOD." Virginia allows only one beneficiary on a title. The beneficiary's right to the car overrides a will and the legal heirs.

A few rules matter here:

• The beneficiary must apply for a title within 120 days of the owner's death. After that, the beneficiary has no right to the car under the TOD rule, and DMV's system stops the transaction.
• If the car had co-owners, all owners must have died before the car can be titled to the beneficiary. The 120 days run from the last owner's death.
• A beneficiary is removed from the title if a lien is added. Any transfer to a beneficiary is subject to existing liens.
• Unlike heirs, a TOD beneficiary pays the vehicle sales and use tax (4.15%, minimum $75) unless they are the owner's spouse, son, daughter, or parent and qualify for the family-member exemption.

Steps

1. Check the title for the beneficiary's name and the "TOD" wording.
2. Complete the Application for Certificate of Title and Registration (VSA 17A).
3. Bring the Virginia title in the deceased owner's name. No signatures or reassignment are needed on it. If the title can't be found, use an Affidavit in Lieu of Title (VSA 12).
4. Bring a certified or notarized death certificate, unless DMV's records already show the owner as deceased.
5. Pay the $15 title fee and any sales and use tax due.
6. Register the car in your name if you will drive it. Beneficiaries cannot transfer the deceased owner's license plates.

Forms

• Application for Certificate of Title and Registration, VSA 17A
• Affidavit in Lieu of Title Certificate, VSA 12 (only if the title is missing)
• Beneficiary Transaction Request, VSA 18 (used only by a living owner to add, change, or remove a beneficiary)

Documents

• Virginia title showing the TOD beneficiary (or VSA 12)
• Certified or notarized death certificate for each owner (not needed if DMV already shows the owner as deceased)
• Completed VSA 17A
• Payment for the title fee and sales and use tax, unless exempt

When it applies: the title lists two or more owners. The wording between the names decides what happens:

• "OR" between the names, or "or survivor" after them (or "tenants by the entirety" on some older titles): right of survivorship. The surviving owner now owns the car, and the executor is not involved.
• "AND" between the names, with no survivorship wording: no right of survivorship. The deceased owner's share passes through the estate, so the heirs, the will, or the executor must sign for that share.

Steps with right of survivorship ("OR")

1. If the death has already been reported to DMV and there is no lien, you can remove the deceased owner online through your DMV customer login.
2. Otherwise, give DMV the existing title and a certified or notarized death certificate, and pay the $15 substitute title fee. If the title is lost, stolen, or damaged, also file VSA 67.
3. If there is a lien and you are keeping the car, either submit a lien release or have the lender sign SUT 4.

Steps without right of survivorship ("AND")

1. If no executor has been appointed, the surviving spouse or heirs sign over the deceased owner's share using VSA 24 (plus a copy of the will, if there is one), or a Small Estate Affidavit.
2. If an executor or administrator has been appointed, that person signs for the deceased owner's share.
3. If there is no surviving spouse, no heirs, and no will, DMV asks for a court order granting ownership to the surviving owner, or a title the deceased owner signed over before death.

Forms

• Application for Replacement and Substitute Titles, VSA 67 (only if the title is lost, stolen, or damaged)
• Transfer of Certificate of Title with Lien, SUT 4 (signed by the lender when a lien exists)
• Certification of Authority to Transfer Virginia Title, VSA 24 (for a title without survivorship, when no executor is appointed)

Documents

• Certified or notarized death certificate (not needed if DMV already shows the owner as deceased)
• Existing Virginia title (or VSA 67)
• Lien release or SUT 4 signed by the lender, if there is a lien
• For a title without survivorship: VSA 24, a copy of the will plus VSA 24, a Small Estate Affidavit, court papers appointing the executor or administrator, or a court order
• $15 substitute title fee

When it applies: your spouse owned the car and you are inheriting it. Virginia has no separate spouse-only title procedure. If you are a co-owner with right of survivorship ("OR" or "or survivor" on the title), follow the co-owner steps. Otherwise you inherit like any heir.

A transfer to a spouse because of the owner's death is exempt from Virginia's vehicle sales and use tax.

Separately, Virginia law lets a surviving spouse claim up to $25,000 of "exempt property" (all exempt items combined, above any loan on them) from the estate, which can include cars (Va. Code § 64.2-310). VSA 24 has a checkbox for a car claimed this way, and an attested copy of the claim filed with the court must be attached.

Steps when no executor has been appointed

1. Complete VSA 24 and sign Section 3 as the heir.
2. No will: you are the only person who must sign, unless the decedent had children (or their descendants) with someone other than you. In that case, list them in Section 3, and those of legal age sign their consent in Section 4.
3. There is a will: list everyone named in the will who has an interest in the car, and those of legal age sign consent. Bring a copy of the will with the VSA 24.
4. Sign the title as seller on the decedent's behalf, using your own name and role, for example "Joan S. Hess, Surviving Heir."
5. Bring the title, death certificate, VSA 24, proof of address, and fees to DMV.

If an executor or administrator has been appointed, see "An Executor Has Been Appointed."

Forms

• Certification of Authority to Transfer Virginia Title, VSA 24
• Application for Certificate of Title and Registration, VSA 17A

Documents

• Certified or notarized death certificate
• Vehicle title (or VSA 67 if lost, stolen, or damaged)
• Completed VSA 24, plus a copy of the will if there is one
• If claiming the car as exempt property: an attested copy of the claim filed with the court
• Proof of address
• Payment of fees

When it applies: no executor or administrator has been appointed, and none is expected. The car must be titled in Virginia; VSA 24 can't be used for an out-of-state title.

Main route: VSA 24 (Va. Code § 46.2-634)

An heir certifies on VSA 24 that there will be no estate administration and that the decedent's debts have been paid, or that money from selling the car will go toward those debts. There is no value limit, and DMV lists no waiting period for this route. Heirs and people inheriting under a will pay no sales and use tax.

Who signs:

• There is a will: everyone named in the will who has an interest in the car is listed in Section 3, and those of legal age sign consent in Section 4.
• No will, surviving spouse: only the spouse signs, unless the decedent had children (or their descendants) by someone else. They are then listed, and those of legal age sign consent.
• No will, no surviving spouse: every person with an interest in the car who is of legal age signs consent.

Steps

1. Fill out VSA 24 Sections 1 and 2 (vehicle and decedent), and sign the heir certification in Section 3.
2. List everyone else with an interest in the car and collect the Section 4 signatures. DMV accepts multiple VSA 24s if there are several heirs.
3. The heir signs the back of the title as seller for the decedent, using their own name followed by "Surviving Heir."
4. Bring the title, death certificate, VSA 24, any will copy, proof of address, and fees to a DMV customer service center or DMV Select office, or mail them to DMV.

Alternative: Small Estate Affidavit (CC-1685)

DMV also accepts the court's Small Estate Affidavit when the decedent's entire personal probate estate is $75,000 or less, at least 60 days have passed since the death, and any will has been probated. All known successors sign, and each signature must be notarized. Note: DMV's public transfer page still says the estate "must be under $50,000," but the current law (Va. Code § 64.2-601), the court form, and DMV's own internal guide all use $75,000. If you get a different answer at the counter, call DMV at (804) 497-7100 to confirm.

Forms

• Certification of Authority to Transfer Virginia Title, VSA 24
• Small Estate Affidavit, CC-1685 (optional alternative)
• Application for Certificate of Title and Registration, VSA 17A
• Application for Replacement and Substitute Titles, VSA 67 (only if the title is lost, stolen, or damaged)

Documents

• Certified or notarized death certificate (not needed if DMV already shows the owner as deceased)
• Virginia title signed over by the heir(s), or VSA 67
• Completed VSA 24 with consent signatures, or a notarized Small Estate Affidavit
• Copy of the will, if there is one. DMV's pages disagree on whether it must be notarized, so bring a notarized copy to be safe.
• Proof of address
• Payment of fees

When it applies: the circuit court has qualified an executor or administrator. That person handles the transfer, and VSA 24 is not used. A car titled with right of survivorship belongs to the surviving co-owner and is not handled by the executor.

Steps

1. Get the court document showing the executor or administrator was qualified. DMV also accepts a copy of a will naming the executor.
2. The executor or administrator signs the title as seller in their own name followed by their role, for example "Jane E. Buck, Executor of Estate." They do not sign the decedent's name.
3. If the title is lost or stolen, the executor or administrator can sign VSA 67 for the decedent to get a replacement title, which is then signed over.
4. Pay off any loan and get a lien release before retitling.
5. The new owner (heir or buyer) applies for title with VSA 17A, the signed title, the death certificate, and the court papers. Transfers to the spouse, an heir, or under the will are exempt from sales and use tax.

Forms

• Application for Certificate of Title and Registration, VSA 17A
• Application for Replacement and Substitute Titles, VSA 67 (only if the title is lost, stolen, or damaged)

Documents

• Certified or notarized death certificate (not needed if DMV already shows the owner as deceased)
• Virginia title signed by the executor or administrator
• Court document appointing the executor or administrator, or a copy of the will naming the executor
• Lien release, if there was a loan
• Payment of fees

When it applies: the title shows a lender (lienholder). A loan does not go away when the owner dies. Before the title can change hands, the lender will need to be paid or agree to the transfer. DMV's guide says that when there is no joint owner, the executor or administrator is responsible for satisfying liens. Who owes the debt under the loan itself depends on the loan contract, so ask the lender.

Steps

1. Contact the lender for the payoff amount and ask how they will release the lien.
2. Car titled only in the decedent's name: pay off the loan and get a lien release signed by the lender before applying for a new title.
3. Surviving co-owner keeping the car: either submit a lien release, or have the lender sign SUT 4 so DMV can remove the deceased owner's name while the lien stays.
4. If you need a paper title once the lien is released, DMV issues one with the lender's title or lien release and a $15 substitute title fee.

A TOD beneficiary designation can't exist on a title with a lien, and any transfer to a beneficiary is subject to existing liens.

Forms

• Transfer of Certificate of Title with Lien, SUT 4

Documents

• Lien release signed by the lender, or SUT 4 signed by the lender
• Title provided by the lender, if applicable

From DMV's fee schedule (DMV 201):

• Title fee: $15 for an original title. Removing a deceased co-owner uses a substitute title, also $15.
• Registration (only if you will drive the car): $30.75 for a passenger vehicle of 4,000 lbs or less. Heavier vehicles cost more; contact DMV to confirm.
• Registration transfer fee: $2.

Sales and use tax

• Spouse, heirs, and people inheriting under a will: exempt. Virginia law exempts a vehicle titled to a deceased person and transferred to the spouse or heir, or under the will (Va. Code § 58.1-2403). Contact DMV to confirm how the exemption should be shown on your application.
• TOD beneficiaries: not covered by that exemption. They pay 4.15% (minimum $75) unless they are the owner's spouse, son, daughter, or parent and qualify for the family-member exemption.

Registration and plates

The deceased owner's registration and plates stay valid until the end of the registration period or until the title is transferred, whichever comes first (DMV). A surviving co-owner must remove the deceased owner's name from the title before the registration can be renewed. TOD beneficiaries cannot transfer the deceased owner's plates.

Heirs, executors, and TOD beneficiaries transfer the title:

• In person at any DMV customer service center or DMV Select office. DMV takes appointments, e-tickets, and walk-ins (appointments).
• By mail to Virginia DMV, Titling Department, P.O. Box 27412, Richmond, VA 23269 (mail titling).

Online works only for a surviving co-owner with right of survivorship, when the death has already been reported to DMV and there is no lien. They can remove the deceased owner through their DMV customer login (substitute titles).

Questions: call DMV at (804) 497-7100 (contact DMV).

The car can be sold directly from the estate without first titling it to an heir. Any loan must be paid off first.

• Executor or administrator appointed: they sign the title as seller in their own name followed by "Executor of Estate" or "Administrator of Estate." The buyer submits the signed title, the death certificate, and the court papers (or a copy of the will naming the executor).
• No executor: the heir(s) sign the title over to the buyer with VSA 24. If debts are unpaid, VSA 24 certifies that the sale proceeds will be applied to the decedent's debts.
• Surviving co-owner with right of survivorship: can sign the title over to the buyer directly. If you removed the deceased owner online, get an updated title without their name before selling.

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