Pick Your Situation
The Title Names a Beneficiary (TOD)
Washington titles do not carry a transfer-on-death beneficiary. The current vehicle title law (RCW chapter 46.12) has no beneficiary provision, and DOL's rule on deceased owners (WAC 308-56A-335) lists only three paths: title the car in the estate's name, have a personal representative release it to a new owner, or let a surviving joint owner take it when joint tenancy is shown on the title.
Look on the title for "JTWROS" in the brands/comments section. If it is there, see The Car Was Co-Owned. If not, see the surviving spouse, no-probate or executor sections.
The Car Was Co-Owned
When it applies: the vehicle record and title show joint tenants with rights of survivorship, printed as "JTWROS" in the brands/comments section. Under WAC 308-56A-060, ownership then passes to the surviving owner(s), and DOL issues a new title on an application supported by a copy of the death certificate. No probate or affidavit is needed for the car.
If the title does not show JTWROS, the deceased owner's share does not pass automatically. It is handled through the estate, using one of the other situations on this page. DOL's sources describe only JTWROS and do not say whether "and" or "or" between owner names makes a difference. Contact a vehicle licensing office to confirm.
Steps
- Check the title's brands/comments section for "JTWROS".
- The surviving owner completes a Vehicle Title Application and signs it in front of a vehicle licensing agent or a notary.
- Attach the current title and a copy of the death certificate.
- Submit everything at a vehicle licensing office within 15 days.
Forms
- Vehicle Title Application, TD-420-001
Documents
- Vehicle Title Application (TD-420-001)
- Current Washington title showing JTWROS
- Copy of the death certificate
- Lien release from the lender, if one is shown on the title
- Odometer disclosure, unless the vehicle is exempt
You're the Surviving Spouse
When it applies: you are the surviving spouse or domestic partner. DOL's rule (WAC 308-56A-335) gives a spouse these main paths:
- JTWROS title: take the car as surviving joint owner with a copy of the death certificate (see The Car Was Co-Owned).
- Community property agreement: DOL accepts a copy of the death certificate and a copy of the agreement. No dollar limit applies.
- No-probate affidavit or probate: the same routes any heir uses (see the next two sections). For an affidavit of succession, your own community property half does not count toward the $100,000 limit.
Plates do not need to be replaced, as long as they are Washington plates, when you remove a deceased spouse or domestic partner from the title.
Steps
- Check the title for "JTWROS". If it is there, follow the co-owner steps.
- If there is a community property agreement, attach copies of it and the death certificate to a Vehicle Title Application.
- Otherwise, use the Affidavit of Inheritance, an affidavit of succession, or, if an estate is open, the personal representative's signature.
- Sign the title application in front of a licensing agent or notary and submit it at a vehicle licensing office within 15 days.
Forms
- Vehicle Title Application, TD-420-001
- Affidavit of Inheritance/Litigation, TD-420-041 (if using that route)
Documents
- Vehicle Title Application (TD-420-001)
- Current title, or an Affidavit of Loss if it is lost
- Copy of the death certificate
- Copy of the community property agreement, if using that route
- Affidavit of Inheritance or affidavit of succession, if using a no-probate route
- Lien release, if a lender is shown on the title
No Probate (Small Estate or Heirs)
When it applies: no executor or administrator has been appointed, and none is pending. DOL accepts a copy of the death certificate plus one of two affidavits:
- Affidavit of Inheritance (TD-420-041): DOL's own form. It states no dollar limit and no waiting period. The heir who signs swears that the estate needs no administration, that no letters have been issued, that the car was not left by will to someone else, and that the deceased's debts have been provided for.
- Affidavit of succession (RCW 11.62.010): Washington's general small-estate affidavit. The deceased must have been a Washington resident at death, the probate estate (less liens, and not counting the surviving spouse's or domestic partner's community half) must be $100,000 or less, at least 40 days must have passed since the death, and other successors must get written notice at least 10 days before. Creditors cannot sign as successors. DOL does not publish its own affidavit of succession form, so contact a vehicle licensing office to confirm what it accepts.
Signatures on DOL forms must be notarized, or signed in front of a Washington vehicle licensing agent.
Steps
- Confirm no executor or administrator has been appointed or applied for.
- Get a copy of the death certificate.
- Complete the Affidavit of Inheritance, or prepare an affidavit of succession that meets RCW 11.62.010. Sign in front of a notary or a licensing agent.
- If keeping the car: complete a Vehicle Title Application in the heir's name. If not keeping it: complete the Release of Interest section of TD-420-040 so the car can be titled to the new owner.
- Submit the packet at a vehicle licensing office within 15 days.
- If you used an RCW 11.62 affidavit of succession, the statute requires mailing a copy (with the deceased's Social Security number) to the Department of Social and Health Services, Office of Financial Recovery.
Forms
- Affidavit of Inheritance/Litigation, TD-420-041
- Vehicle Title Application, TD-420-001
- Affidavit of Loss/Release of Interest, TD-420-040
Documents
- Copy of the death certificate
- Affidavit of Inheritance or affidavit of succession
- Current title, or Affidavit of Loss (TD-420-040) if it is lost
- Vehicle Title Application (TD-420-001)
- Release of Interest (TD-420-040), if the heir is not keeping the car
- Odometer disclosure, unless exempt. If it is not on the title, the office provides the form on tamper-proof paper.
- Lien release, if a lender is shown on the title
An Executor Has Been Appointed
When it applies: an estate has been opened in superior court and a personal representative (executor, administrator or similar) has been appointed. Under WAC 308-56A-335, the personal representative's signature is needed to release the deceased owner's interest.
DOL accepts letters testamentary, letters of administration, or a completed County Clerk Certificate of Transfer of Vehicle or Vessel (the Litigation section of TD-420-041). The form says this certificate, properly completed, takes the place of all other court papers.
Steps
- Get letters testamentary or letters of administration, or have the county clerk complete the certificate on TD-420-041.
- To transfer to an heir or buyer: the personal representative signs the title or the Release of Interest (TD-420-040), and the new owner completes a Vehicle Title Application.
- To hold the car in the estate while it is settled: apply for a title in the name "Estate of (deceased's name)" and attach a copy of the court order appointing or confirming the personal representative.
- Submit the packet at a vehicle licensing office.
Forms
- Affidavit of Inheritance/Litigation (County Clerk Certificate section), TD-420-041
- Affidavit of Loss/Release of Interest, TD-420-040
- Vehicle Title Application, TD-420-001
Documents
- Letters testamentary, letters of administration, or the completed County Clerk Certificate
- For a title in the estate's name: copy of the court order appointing or confirming the personal representative
- Current title, or Affidavit of Loss if it is lost
- Release of Interest signed by the personal representative, if not signed on the title
- Vehicle Title Application (TD-420-001)
- Odometer disclosure, unless exempt
- Lien release, if any
The Car Still Has a Loan
When it applies: a lender is listed on the title. In Washington the lender appears as the legal owner and often holds the title. DOL says all legal and registered owners shown on the title must sign the Release of Interest to transfer the title to a new owner, so the lender's release is part of the packet.
Steps
- Call the lender for a payoff amount and ask how it handles an owner's death. DOL can also confirm whether a title is clear of liens at 360-902-3770.
- Get the lender's release, either a signed title or the Release of Interest (TD-420-040).
- Include the release with the packet for whichever situation applies above.
Forms
- Affidavit of Loss/Release of Interest, TD-420-040
- Vehicle Title Application, TD-420-001
Tax note: the Department of Revenue says inherited vehicles with outstanding loans generally do not qualify for the gift or inheritance use tax exemption. If the loan is not paid off first, the transfer is treated as a sale and tax is due on fair market value. See Fees and Taxes below.
Fees and Taxes
DOL's fee table lists these for a title transaction. Contact a vehicle licensing office for the exact amount for your transfer.
- Title application fee: $15
- Filing fee: $6.50 for a title only, $12.50 with registration
- Service fee: $18 for a title only, $29 with registration
- Registration (tabs): only if you register the car. The basic fee starts at $43.25, plus other fees.
- Plate transfer: $10 if plates are moved. Plates do not need to be replaced when the car came from a family member as an inheritance and has Washington plates.
- Quick title: some offices issue a title the same day. DOL's office page lists $89.50 for vehicles.
Late transfer fee: DOL lists $50 on the 16th day, plus $2 a day after that, up to $125. Official sources disagree on whether this applies to inherited cars. RCW 46.12.650 lists inheritance among acquisitions that must be titled within 15 days, but DOL rule WAC 308-56A-021 says the penalty is not assessed for vehicles acquired through inheritance or community property. Ask your vehicle licensing office, and file within 15 days if you can.
Use tax: Washington charges use tax when a vehicle is titled, unless an exemption applies. The Department of Revenue's Use Tax Facts for Vehicle Transactions (dated 2021) says an inherited vehicle is exempt if the previous owner paid Washington sales or use tax and nothing is paid for it. Cars with an unpaid loan generally do not qualify. There is no separate exemption form: DOL says to enter zero as the sale price for an inheritance. Because this rests on 2021 guidance, confirm with the Department of Revenue or your licensing office.
Where to Go
In person: any Washington vehicle licensing office. These offices are walk-in only and do not take appointments. A standard title arrives in about 6 to 8 weeks. Quick Title offices can issue one faster for an added fee.
By mail: DOL says you may mail completed forms. Contact your local vehicle licensing office first to confirm the forms, fees and mailing address. If you mail the Affidavit of Loss/Release of Interest, the signature must be notarized.
Signatures: every registered owner must sign the title application in front of a notary or in person at a vehicle licensing office (instructions).
Online: no official source describes an online title transfer for a deceased owner's car. Contact the office to confirm.
Questions: DOL customer service, 360-902-3770.
Selling the Car Instead
DOL says you may sell a vehicle on behalf of someone who has died as long as you legally own the car or are legally allowed to act on their behalf.
- The heir, or the personal representative if probate is open, completes the Release of Interest section of TD-420-040.
- Attach the same estate documents used for your situation: the death certificate plus the Affidavit of Inheritance or affidavit of succession, the community property agreement, or the letters or County Clerk Certificate.
- The seller and buyer complete a Vehicle/Vessel Bill of Sale, TD-420-065. The seller removes the plates.
- The seller files a Report of Sale within 5 days of the sale, online, in person, or by mail with an $18 fee.
- The buyer applies for a new title within 15 days.
If probate is needed, our Washington probate guide walks through it.