How to Transfer a Car Title of the Deceased in Pennsylvania
If a Pennsylvania vehicle owner has died, the owner's heirs may wish to have that vehicle retitled in one of their names, or wish to transfer ownership of the vehicle to someone else. The specifics of the situation will determine what procedure to follow in order to have the vehicle retitled.
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Instructions
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Procedures to Retitle the Vehicle
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Refer to the front of the vehicle's current title; it will say either "Joint Owners with Right of Survivorship" or "Tenants in Common."
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If the title says "Joint Owners with Right of Survivorship," ownership of the vehicle will automatically transfer to the other one whose name appears on the title when one of those owners dies. He can obtain a title solely in his name by submitting Pennsylvania Department of Transportation (PennDOT) form MV-39.
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If the title says "Tenants in Common," ownership passes to the deceased person's heir as stated in their will, as long as that heir is a spouse, child or parent. The new owner can have the vehicle retitled in his name by having the will's executor assign the title to him and submitting it to PennDOT along with form MV-4ST and verification of the executor's status.
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If there was no executor, whomever the vehicle was left to in the will must assign the title to the new owner and submit it, a copy of the will, and PennDOT forms MV-4ST and MV-39.
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The surviving spouse must sign for the transfer of title if the designated heir is a minor. In the absence of a surviving spouse, the will must be probated in order to allow the minor to transfer the title.
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If the vehicle was not left to a spouse, child or parent, the will must first be probated, then the title can be transferred.
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In the absence of a will at the time of death, the vehicle owner's surviving spouse and/or heirs can assign the title to another party and have it retitled using forms MV-39 and MV-4ST and a death certificate.
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If there is no will, no surviving spouse, and no minor children, then surviving relatives of the deceased can reassign the title, in the following order: adult child or children of the deceased; parent of the deceased; brother or sister of the deceased; aunt or uncle (by blood) of the deceased; first cousin (by blood) of the deceased. If any of those relatives are deceased, their children can reassign the title. Once the correct party has reassigned the title, the new owner can submit it along with form MV-39, form MV-4ST, and proof of the previous owner's death.
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If there is no will and no surviving spouse but the deceased had a minor child or children, other heirs of legal age can be appointed administrator and handle the transfer of title (as in Step 3). If the Orphan's Court has appointed a guardian for the minor, that guardian can reassign the title using form MV-39. Also a party can petition for ownership of the car using the small estates procedure under Pennsylvania law--they then can have the vehicle titled to them (as in Step 3).
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Tips & Warnings
All forms mentioned can be downloaded from the Pennsylvania Department of Transportation (PennDOT) website, requested by mail from PennDOT, or picked up from a title service agency. You can find the address of the nearest title service agency on the PennDOT website or in the telephone book.
If you do not have a copy of the current title, you can obtain one using form PennDOT form MV-38O.
All of the forms and processes listed carry applicable fees, which will be listed on the form.
The Pennsylvania vehicle code states that when an owner is deceased, either heirs of the owner or executors of the estate may continue to operate the vehicle for the remainder of the registration period. In addition, a spouse or child can continue to renew the registration in the name of the deceased's estate and operate the vehicle.
The Pennsylvania Department of Transportation building is in Harrisburg (PA). If you do not live near this center, you will need to mail your forms to the center or use a messenger service to assist you with processing. You can find the address of the nearest messenger service on the PennDOT website or in the telephone book.
Processes are subject to change, so before starting any procedure, check the website or call PennDOT to verify the steps you need to follow.
References
Resources
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