Transferring Title To The Car After The Death Of The Owner.

In the Commonwealth of Massachusetts, the transfer of the Certificate of Title of a motor vehicle after the death of the record owner may be accomplished by a surviving spouse, or the Personal Representative of the decedent’s estate.

Surviving spouse

If a surviving spouse wishes to retain ownership of a passenger vehicle or motorcycle and continue to use the vehicle, then they must transfer the certificate of title. To qualify as a surviving spouse, you must have been married to the deceased person at the time of death. Live-in companions and ex-spouses do not qualify. The Massachusetts Registry of Motor Vehicles will issue a new title in the surviving spouse’s name, which is required to continue using the vehicle, to sell the vehicle, or transfer ownership to someone.

To obtain a new title and registration for your vehicle, you must submit the following in person at any RMV Service Center:

• An Application for Registration and Title completed and signed by the owner. It must be stamped by an authorized agent of the insurance company if the vehicle is to remain registered
• Decedent's certificate of title assigned by surviving spouse
• An Affidavit of Surviving Spouse
• A copy of the death certificate listing the name of the spouse

Personal Representative.

If there is no surviving spouse of the decedent, the vehicle would have to go through probate. The probate process is required to appoint a Personal Representative of the decedent’s estate, whether or not the decedent left a Will. Once appointed by the probate court the Personal Representative may transfer ownership of the vehicle. The following documents would be provided to the new owner:

• A copy of the appointment of personal representative
• Decedent's certificate of title assigned by the personal representative

For help with estate administration, probate and the transfer of assets contact attorney John A. Laine.

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