What Happens If Two People Own a Car And One Dies in Delaware

When one co-owner of a motor vehicle titled in Delaware dies, the transfer of ownership depends on the title's form, whether a transfer-on-death designation exists, and whether the vehicle's value or the total estate value triggers Delaware's small-estate procedure. Delaware recognizes multiple forms of joint ownership and provides several pathways for title transfer depending on these circumstances.

Determine How the Names Appear on the Delaware Car Title

The form of co-ownership on the certificate of title is the primary factor determining what happens to the vehicle when one owner dies. Delaware law allows vehicles to be titled in specific ways, and the form of title directly affects survivorship rights and probate requirements.

If the Title Shows Survivorship Language

When a vehicle is titled in transfer-on-death form with a designated beneficiary or beneficiaries, or when owners are designated as joint tenants with right of survivorship or tenants by the entirety, the vehicle passes to the surviving owner or named beneficiary upon the death of the owner or the last to die of multiple owners. This transfer occurs by operation of law and does not require probate. The surviving owner or designated beneficiary acquires title automatically, subject to any liens or encumbrances on the vehicle. However, the surviving owner must obtain a new certificate of title reflecting the current legal ownership.

The transfer-on-death (TOD) designation must be officially recorded on the certificate of title during the owner's lifetime. The owner must visit the Delaware Division of Motor Vehicles (DMV) to have the title reissued with the TOD beneficiary designation shown on the actual certificate. After the owner's death, the DMV will not accept or process unfiled transfer-on-death forms.

If the Title Does Not Show Survivorship Language

When the vehicle is titled in the names of two or more owners without survivorship language, such as where owners are listed as tenants in common, the deceased owner's interest in the vehicle becomes part of that person's estate. The surviving co-owner does not automatically inherit the deceased owner's share. Instead, the transfer depends on whether the estate is probated and the value of the vehicle and other estate assets.

Delaware Car Title Rules After One Owner Dies

Delaware requires that the certificate of title reflect the current legal owner of any registered vehicle. When one co-owner dies, the title must be updated to remove the deceased owner's name and to reflect the correct ownership interest.

If the vehicle was titled in transfer-on-death form, the designated beneficiary or surviving co-owner with right of survivorship becomes the owner upon the death of the original owner. A new certificate of title must be issued in the name of the surviving owner or beneficiary. The surviving owner is authorized to operate the vehicle during the registration period, provided proper notice of death is given to the DMV.

For vehicles titled without survivorship language and passing through the deceased owner's estate, the title transfer depends on whether the estate is probated or handled through Delaware's small-estate distribution procedure.

Does a Car Go Through Probate in Delaware if One Owner Dies?

Not necessarily. Depending on the vehicle's value, the total estate value, and the form of title, the vehicle may transfer outside probate.

Transfer-on-death titles: Vehicles titled in transfer-on-death form pass directly to the designated beneficiary or beneficiaries upon the death of the owner or last surviving owner. No probate is required.

Small-estate distribution without letters of administration: Under Delaware Code Title 12, Section 2306, when the total value of a decedent's personal estate (excluding certain jointly owned property and real estate) does not exceed $30,000, the vehicle may be transferred through a simplified affidavit process without the appointment of a personal representative or the probate of a will. The Survivor's Transfer Form for a Vehicle (MV11) may be used to accomplish this transfer. Thirty days must have elapsed since the death, all known debts must be paid or provided for, and certain other conditions must be met. The person entitled to receive the vehicle under the affidavit procedure must be within a specific class: the surviving spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin of the decedent, or the named executor in the decedent's will.

Probated estates: If the vehicle is part of a probated estate or if the small-estate threshold is exceeded, the estate representative (executor or administrator) must provide letters testamentary, letters of administration, or an equivalent court order to the DMV to transfer the title to the appropriate beneficiary or heir.

How To Transfer a Car Title in Delaware After a Co-Owner Dies

The process for transferring a Delaware vehicle title after one co-owner dies depends on which path applies: transfer-on-death, small-estate distribution, or probated estate.

General Process

For transfer-on-death titles:

• Verify that the title is in transfer-on-death form and identify the named beneficiary.
• Obtain a certified copy of the death certificate.
• Contact the Division of Motor Vehicles or visit a DMV office with the current title, death certificate, and required application form.
• Apply for a new certificate of title in the beneficiary's name using Application for Title (Form 212).
• Pay the applicable fees.

For small-estate distribution (vehicle value and total estate under $30,000):

• Ensure 30 days have passed since the decedent's death.
• Confirm that all known debts are paid or provided for.
• Obtain a certified copy of the death certificate.
• Complete the Survivor's Transfer Form for a Vehicle (MV11).
• Have the affidavit notarized.
• Submit the completed MV11 form, death certificate, and current title to a Division of Motor Vehicles office.
• Pay applicable fees.

For probated estates:

• Obtain letters testamentary or letters of administration from the Register of Wills in the appropriate Delaware county.
• Gather the current title and all probate documents.
• Complete Application for Title (Form 212).
• Submit the application, title, death certificate, letters, and proof of insurance to a Division of Motor Vehicles office.
• Pay applicable fees.

Special authorization to operate vehicle:

If the vehicle's registration has not yet been transferred, the surviving spouse, children, or immediate family members residing in the household may operate the vehicle for the remainder of the current registration period by providing notice to the DMV on Form MV14. An administrator, executor, trustee, or legal representative of the deceased owner may also operate the vehicle for a distance not exceeding 125 miles to transport it to a garage, warehouse, or storage facility.

Applicable Fees

The DMV charges the following fees for vehicle title transfers and related documents.

Fees may be paid in cash, by check, money order, or by credit card (VISA, MasterCard, American Express, or Discover) at DMV offices. Applications mailed to the Division of Motor Vehicles must include payment by personal check, cashier's check, or money order payable to Delaware DMV.

Surviving Spouse

Delaware law does not establish a separate or expedited procedure exclusively for surviving spouses beyond the general provisions for transfer-on-death titles and small-estate distribution. However, a surviving spouse may take possession of the decedent's motor vehicle and is entitled to priority in receiving the vehicle through small-estate distribution procedures. The surviving spouse is also eligible for a $7,500 allowance from the estate under Delaware Code Title 12, Section 2308, which is a separate claim against estate assets.

Documents Needed to Transfer a Delaware Car Title After Death

Common Documents

The required documents depend on the transfer method. Original documents are required for title-related applications; photocopies are generally not accepted.

For all transfers:

• Current Delaware certificate of title
• Certified copy of the death certificate
• Valid photo identification of the person applying for the new title
• Proof of liability insurance on the vehicle

For transfer-on-death or surviving owner transfer:

• Application for Title (Form 212)

For small-estate distribution:

• Survivor's Transfer Form for a Vehicle (MV11) (notarized)
• Affidavit attesting that no petition for appointment of a personal representative is pending, thirty days have passed since death, the decedent's personal estate does not exceed $30,000, all known debts are paid or provided for, and the decedent did not own real property in Delaware

For probated estates:

• Application for Title (Form 212)
• Letters testamentary or letters of administration from the Register of Wills
• Any other court order establishing the authority to transfer the vehicle

What if There Is a Loan on the Car?

If the vehicle has a recorded lien, the lienholder's name and address must appear on all documents submitted to the DMV and must match exactly the name and address shown on the current title. When the surviving owner, beneficiary, or estate representative applies for a new certificate of title, the lienholder's information must be included on Form 212.

The surviving owner or estate representative should contact the lienholder to confirm the correct mailing address and obtain any required documentation showing the lien. The lien remains in effect on the vehicle regardless of any ownership transfer and must be satisfied in accordance with the terms of the loan agreement. If the vehicle is being transferred to a surviving owner or beneficiary, that person assumes responsibility for the outstanding loan balance unless other arrangements are made with the lienholder.

Contact Information

Delaware Division of Motor Vehicles
2101 Mid County Drive, New Castle, Delaware 19720
Phone: (302) 326-5000
Official Website: Division of Motor Vehicles