Transferring Joint Tenancy Vehicles

Couples who buy vehicles together often hold title to them in “joint tenancy.” Holding title this way is often a good idea, because when one co-owner files, it’s quick and easy to get title in the survivor’s name alone. Joint tenancy property doesn’t go through probate, so they aren’t really under the executor’s control, but as executor you may be asked to help with the paperwork to transfer title to the surviving co-owner.

Was the Vehicle Held in Joint Tenancy?

To see whether or not the vehicle owned by the deceased person was held in joint tenancy, check the vehicle’s certificate of title, issued by the state. 

If it was held in joint tenancy, you may see a notation something like this: “Timothy L. Houston and Angelina M. Houston, as joint tenants with right of survivorship.” You might also see:

• “Timothy L. Houston and Angelina M. Houston, as joint tenants”
• “Timothy L. Houston and Angelina M. Houston, JTWROS” [joint tenants with right of survivorship]

Sometimes, however, it’s not spelled out so clearly. For example, a car title may simply state that the vehicle is owned in the names of “Einar Jacobson or Ingrid Jacobson.” In many states, joining names with “or” or “and/or” means there is a joint tenancy. Some states provide that any vehicle owned by a married couple is owned in joint tenancy unless the title document states otherwise.

If you’re not sure whether or not an asset was held in joint tenancy, you can probably get your answer from the state motor vehicles department. Start by checking its website.

Special rules for surviving spouses.  In some states, the surviving spouse automatically inherits the deceased spouse’s vehicles—even if the spouses didn’t own them in joint tenancy—unless the will contains provisions to the contrary or a different person is registered as the transfer-on-death beneficiary.

How to Transfer Title to the Survivor

It should be easy to transfer title into the surviving owner’s name alone. The state motor vehicles department will have forms and instructions for the transfer. The surviving owner will need:

• a copy of the death certificate (it may need to be certified, depending on the state’s rules), and
• the car title.

To re-register the car in the state, the owner will also have to furnish the registration certificate and may be required to show proof of insurance and compliance with emission control (smog) standards. The state may charge a small fee for the transfer, but some states don’t collect a fee when the transfer is due to a death of a joint owner.

For information and forms, check the website of your state’s motor vehicles department. To find the link to your state’s agency, go to the Response Insurance site. At your state’s site, look for information on registration and titles.