How to Transfer a Car Title After Death in West Virginia

We found no transfer-on-death (TOD) or beneficiary option for West Virginia car titles. The DMV's guidance on deceased owners covers only joint "OR" and "AND" titles, the Legal Heir Affidavit, and probated estates. The DMV does not state outright that TOD is unavailable, so contact the DMV to confirm if you think the title names a beneficiary.

For most families, one of the other situations on this page will fit: a co-owned car, a surviving spouse, an heir using the Legal Heir Affidavit, or an executor who has been appointed.

When it applies: two or more people are listed as owners on the title. What happens next depends on the word between the names.

• "OR" (or "AND/OR"): either owner can sign alone. The surviving owner can complete the transfer without anyone else.
• "AND": two signatures are needed. The surviving owner signs, and an executor, administrator, or legal heir signs for the deceased owner.

Steps

1. Look at the face of the title to see whether the names are joined by "OR," "AND/OR," or "AND."
2. "OR" title: the surviving owner signs the back of the title as the seller and completes the purchaser section in their own name.
3. "AND" title: the surviving owner signs. For the deceased owner, either an executor or administrator signs (with a certified copy of the letters of appointment), or a legal heir signs using a notarized Legal Heir Affidavit and a copy of the death certificate.
4. Complete the title application (Form DMV-1-TR) in the surviving owner's name. Get insurance in the new owner's name if the car will be registered.
5. Mail the packet to the DMV in Charleston or take it to a DMV regional office with the $15 title fee.

Forms

• Application for Certificate of Title (DMV-1-TR)
• Legal Heir Affidavit (DMV-185-TR), for "AND" titles when there is no will and no administrator

Documents

• The original West Virginia title, signed on the back
• For an "AND" title: certified letters of appointment, or a notarized Legal Heir Affidavit with a copy of the death certificate
• Form DMV-1-TR
• Proof of insurance if the car will be registered
• $15 title fee

The DMV's guidance does not use the phrase "right of survivorship." Ask the DMV whether it wants a death certificate for an "OR" title.

When it applies: your husband or wife has died and you want the car titled in your name. We found no separate surviving-spouse procedure at the West Virginia DMV, so a spouse uses the same routes as anyone else.

• You were a co-owner on the title: follow the co-owned car steps above. On an "OR" title you can sign alone.
• The car was in your spouse's name only, with no will and no administrator: you can use the Legal Heir Affidavit (DMV-185-TR). The form says the new owner is designated "by agreement of all other legal heirs," so any other heirs, such as children, sign a section giving up their claim to the car.
• There is a will or an administrator has been appointed: the executor or administrator handles the transfer (see "An Executor Has Been Appointed").

Steps for a car in your spouse's name only

1. Complete the Legal Heir Affidavit before a notary. Any other heirs sign the section giving up their claim.
2. Complete Form DMV-1-TR in your name.
3. Attach the original title, the affidavit, a copy of the death certificate, and proof of insurance if the car will be registered.
4. Pay the $15 title fee by mail or at a DMV regional office.

Forms

• Legal Heir Affidavit (DMV-185-TR)
• Application for Certificate of Title (DMV-1-TR)

The DMV's tax rule says the 6% vehicle sales tax does not apply to an inheritance. See "Fees and Taxes" below.

When it applies: the car was in the deceased person's name alone and no one has opened a probate estate. West Virginia has two routes.

1. The DMV's Legal Heir Affidavit (DMV-185-TR)

The DMV says that if there is no will and no estate administrator, the legal heir can complete a Legal Heir Affidavit with a copy of the death certificate and sign for the deceased owner. The form itself says it is only for cases where no administrator has been appointed and no will was left. The DMV does not list a value limit for this route.

• The heir or heirs taking the car (up to two per form) swear to the affidavit before a notary.
• Every other legal heir signs the section giving up their rights to the car. More than two heirs means extra copies of the form.
• Any alterations, erasures, or white-out void the form, so fill it in carefully.
• The DMV will not accept a plain copy of a will. If there is a will, see "An Executor Has Been Appointed."

2. The Small Estate Act certificate

A "successor" (the executor named in a will, or someone entitled to the property under the will or state law) can file a sworn small-estate affidavit with the clerk of the county commission. No bond is required. The clerk then issues a "certificate and authorization of small estate," and the law lists a motor vehicle as one of the assets it can be used for.

• The deceased person's personal probate property must total $50,000 or less, and under current law they must not have owned any probate real estate.
• The successor must wait at least 30 days after the death if they are the executor named in the will, or at least 60 days otherwise.
• The certificate is good for six months and can be extended once for up to six more months.
• The DMV's title page does not mention this certificate. Contact the DMV to confirm it will accept one for a car title before relying on it.

Steps (Legal Heir Affidavit route)

1. Get a copy of the death certificate.
2. Fill in the decedent and vehicle details (VIN and title number) on the Legal Heir Affidavit. All heirs sign before a notary.
3. The heir signs the back of the title for the deceased owner.
4. Complete Form DMV-1-TR in the new owner's name and get insurance if the car will be registered.
5. Mail everything with a $15 check or money order to the DMV in Charleston, or bring it to a DMV regional office.

Forms

• Legal Heir Affidavit (DMV-185-TR)
• Application for Certificate of Title (DMV-1-TR)
• Small estate affidavit text, W. Va. Code §44-1A-2 (filed with the county commission clerk)

Documents

• The original West Virginia title
• A copy of the death certificate (the DMV's title page says "certified copy," while the affidavit form says "a copy." Contact the DMV to confirm which it wants.)
• The notarized Legal Heir Affidavit, or the clerk's certificate and authorization of small estate
• Form DMV-1-TR
• Proof of insurance if the car will be registered
• $15 title fee

When it applies: there is a will, or an executor or administrator has been appointed. In West Virginia, estates are handled by the clerk of the county commission in the county with probate jurisdiction.

The DMV says that if a will exists, a certified copy of the court-issued letters of appointment for the executor or administrator must be attached. The DMV will not accept a plain copy of a will.

Steps

1. Get a certified copy of the letters of appointment.
2. The executor or administrator signs the back of the title for the deceased owner and assigns it to the new owner (an heir, a beneficiary under the will, or a buyer).
3. Record the exact mileage in the title's assignment section. If the title has no such section, use Form DMV-TM-1.
4. The new owner completes Form DMV-1-TR, gets insurance if the car will be registered, and attaches the signed title, the certified letters of appointment, and a copy of the death certificate.
5. Mail the packet with a $15 check or money order to the DMV in Charleston, or take it to a DMV regional office.

Forms

• Application for Certificate of Title (DMV-1-TR)
• Odometer Disclosure Statement (DMV-TM-1), only if the title has no odometer section

Documents

• The original title, signed by the executor or administrator
• Certified copy of the letters of appointment
• A copy of the death certificate
• Form DMV-1-TR
• Proof of insurance in the new owner's name if the car will be registered
• $15 title fee
• A lien release, if the title shows a lien

When it applies: the title shows a lien. Under West Virginia law, the title is delivered to the lender (lienholder) while a lien is recorded, so the lender usually has it.

When the loan is paid off, the lender mails the title back with the lien release section completed. The DMV notes that its database is not updated when a lender signs a paper release, so the lien stays on state records until a new title application is processed.

Steps

1. Contact the lender to find out the payoff amount and where the title is.
2. Pay off or refinance the loan so the lender releases the lien and sends the title.
3. Complete the transfer route that fits (co-owner, Legal Heir Affidavit, small estate, or executor) and include the released title. If a new loan will be recorded, list the lender on Form DMV-1-TR and add the $10 lien fee.

Forms

• Application for Certificate of Title (DMV-1-TR)

Documents

• The title with the lien release completed by the lender
• The documents for your transfer route
• $10 lien fee if a new lien will be recorded

One open question: the DMV says a gifted car with a lien recorded on the new title is taxed at 6% of the lien amount. It does not say whether the same applies to an inherited car. Contact the DMV to confirm before applying.

• Title fee: $15, listed on the DMV titles page and Form DMV-1-TR.
• Lien fee: $10 per lien, only if a new lien is recorded.
• Duplicate title (if the original is lost): $15, using the Affidavit of Duplicate Title (DMV-4-TR).
• Returned check: $10 service charge.

License plates. State law lets the DMV transfer a deceased owner's plates and registration to the legal heir or legatee "without payment of any fee," and the heir may keep using the plate until it expires. Form DMV-1-TR lists a general $10.50 plate transfer fee, so ask the DMV whether it applies to you. A valid insurance certificate in the new owner's name is needed to register the car.

Sales tax. West Virginia charges a 6% sales tax when a vehicle is titled after a sale. The DMV's tax rule (91CSR9 §3.8) says the tax "does not apply to transfer of ownership without consideration such as gifts, donations, or an inheritance."

The same rule says a title application for a transfer without payment must include a notarized affidavit on a DMV form. For gifts, that is the Affidavit of Transfer of Ownership Without Consideration (DMV-5-TR), which is written for a living owner. The DMV does not say which affidavit an heir should use, so contact the DMV to confirm what it wants with an inherited car.

By mail. Send the paperwork with a check or money order payable to the Division of Motor Vehicles (no cash):

Division of Motor Vehicles

5707 MacCorkle Avenue, SE

PO Box 17710

Charleston, WV 25317

In person. The DMV has 26 regional offices around the state. Appointments can be scheduled at most of them, but the DMV says appointments are only available for certain types of transactions. Call ahead to ask whether you need one for a death transfer.

Online. Title transfers are not on the DMV's list of online services.

Phone. 1-800-642-9066 (in West Virginia) or (304) 558-3900 (out of state).

Driving the car in the meantime. When ownership passes because of a death, the registration expires. State law lets the person entitled to the car drive it up to 75 miles on the former owner's plates. After that, it must be registered in the new owner's name.

If an executor or administrator has been appointed, they sign the title for the deceased owner and assign it to the buyer, attaching a certified copy of the letters of appointment. The buyer then applies for a new title.

If the Legal Heir Affidavit is used, the form names the heirs as the new owners. The DMV does not say whether an heir can assign the title straight to a buyer using the affidavit, or must title the car in their own name first. Contact the DMV to confirm before you sell.

A few rules apply to any sale:

• The seller records the exact mileage in the title's assignment section (Form DMV-TM-1 if the title has none).
• The inheritance exemption covers the heir, not the buyer. The buyer pays 6% sales tax on the price, or a flat $30 if the net price is under $500.
• If a private sale price is below 50% of the NADA Clean Loan book value, a notarized bill of sale signed by both parties must be included.
• A car two years old or newer bought from someone other than a dealer is taxed on its book value.
• A bill of sale must include legible copies of both the buyer's and the seller's driver's licenses.
• Never change the price written on a title. Altered titles are rejected.

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