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

When one of two co-owners listed on a Minnesota vehicle certificate of title dies, the procedures for updating the title depend on the form of ownership and the specific language used in the title record. Minnesota law recognizes joint ownership arrangements that include survivorship rights, which allow property to pass directly to the surviving owner without entering probate. In other cases, the deceased owner's interest becomes part of the estate and may require additional steps to transfer. The surviving owner or estate representative must update the title and registration records through the Minnesota Driver and Vehicle Services (DVS) to reflect the current legal ownership.

Determine How the Names Appear on the Minnesota Car Title

The conjunction used to connect the co-owners' names on the certificate of title determines whether the vehicle automatically transfers to the surviving owner or becomes part of the deceased owner's estate. Minnesota recognizes three types of conjunctions used to establish joint ownership: "or," "and," and "and/or." All three forms indicate joint tenancy with right of survivorship.

If the Title Shows Survivorship Language

When two names are joined by "or," "and," or "and/or" on the Minnesota certificate of title, the vehicle is held in joint tenancy with right of survivorship. This means that at the time of death, the deceased owner's interest in the vehicle automatically transfers to the surviving owner by operation of law. The surviving owner becomes the sole legal owner without the need for probate or court proceedings.

If the Title Does Not Show Survivorship Language

If the title lists only a single owner, or if the names are not properly linked by a survivorship conjunction, the deceased owner's interest does not automatically pass to any co-owner. Instead, the vehicle becomes part of the deceased person's estate. Depending on the value of the estate and whether probate is opened, the vehicle may be transferred through probate, a small estate affidavit, or a spousal claim procedure.

Minnesota Car Title Rules After One Owner Dies

Minnesota requires the title and registration to be corrected to remove the deceased owner's name and reflect the proper ownership. For joint owners with survivorship rights, the surviving owner may apply for a corrected title by providing the current title and proof of death. For vehicles without survivorship rights, the process depends on whether the estate is probated.

When a vehicle is held in joint tenancy with survivorship, the assignment and transfer process is streamlined. The surviving joint owner submits the current certificate of title along with a certified or official copy of the death certificate to any deputy registrar office or by mail to the Motor Vehicle Services Division. The deputy registrar then issues a new title in the surviving owner's name alone.

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

The answer depends on the form of ownership and the value of the estate. Vehicles held in joint tenancy with right of survivorship do not pass through probate. The surviving co-owner automatically takes ownership, and the title update may be completed without court involvement or probate proceedings.

For vehicles owned by a single person at the time of death, or for which joint ownership was not properly designated, the vehicle becomes part of the probate estate if it has sufficient value. However, Minnesota law provides alternatives to full probate for smaller estates.

If the estate is being probated, the estate representative must provide court authority documents, such as letters testamentary or letters of administration, to the deputy registrar in order to transfer the vehicle title.

If the estate is not being probated, Minnesota Statute § 524.3-1201 permits the transfer of personal property, including motor vehicles, by affidavit if the deceased person has been dead for at least 30 days and the value of the estate does not exceed $75,000. An heir or claimant may complete an Affidavit for Collection of Personal Property along with a certified copy of the death certificate to transfer the vehicle without full probate proceedings.

How to Transfer a Car Title in Minnesota After a Co-Owner Dies

Title and registration corrections for joint owners with survivorship rights are completed through deputy registrar offices throughout Minnesota or by mail to the Motor Vehicle Services Division.

General Process

• Obtain the current Minnesota certificate of title and locate the deceased owner's death certificate.
• Verify that the names on the title are joined by "or," "and," or "and/or" to confirm that joint ownership with survivorship was established.
• For joint owners with survivorship, complete the assignment section on the reverse of the title with the surviving owner's printed name and signature.
• For estates subject to probate, obtain a certified copy of letters testamentary, letters of administration, or an equivalent court order from the probate court.
• For estates not subject to probate, prepare the Affidavit for Collection of Personal Property or the Assignment of Vehicle to Surviving Spouse form if applicable.
• For joint owners, submit the completed title with the death certificate to the deputy registrar or mail it to Motor Vehicle Services.
• Pay all applicable fees and processing costs.
• Receive the new certificate of title in the surviving owner's name or in the name of the heir who receives the vehicle through the estate process.

Applicable Fees

Motor vehicle title and registration fees are set by the Minnesota Legislature and are collected at the time of transfer. The following fees typically apply to transfers after a co-owner's death:

Additional costs may include registration or wheelage taxes, depending on the vehicle and the county.

Surviving Spouse

Minnesota law provides a simplified procedure for a surviving spouse who acquires a vehicle from a deceased spouse. Minnesota Statute § 524.2-403 entitles a surviving spouse to select and retain one automobile from the estate without regard to value, in addition to other exempt property allowances. This exemption applies whether or not the estate is probated.

A surviving spouse may use the Assignment of Vehicle to Surviving Spouse / Not Subject to Probate form to transfer title when the estate has not been and will not be probated. This form certifies that the surviving spouse is the named survivor and that the vehicle is selected from the estate's personal property under statute. The form must be notarized and submitted with the certificate of title, proof of death, and the applicable title and filing fees.

If the vehicle was held in joint ownership with survivorship rights, the spouse need not invoke the surviving spouse exemption and may simply apply for a corrected title as the surviving joint owner.

Documents Needed to Transfer a Minnesota Car Title After Death

The specific documents required depend on whether the co-owner had survivorship rights and on the estate's status.

Common Documents

For Joint Owners with Survivorship Rights:

• Current Minnesota certificate of title
• Certified or official copy of the death certificate
• Application to Title and Register a Motor Vehicle (Form PS2000) completed by the surviving owner
• Payment of applicable title, filing, and technology fees

For Estates Subject to Probate:

• Current Minnesota certificate of title
• Certified or official copy of the death certificate
• Letters testamentary, letters of administration, or an equivalent court order from the probate court
• Application to Title and Register a Motor Vehicle (Form PS2000) completed by the estate representative
• Payment of applicable title, filing, and technology fees

For Estates Not Subject to Probate (Small Estate Affidavit):

• Current Minnesota certificate of title
• Certified or official copy of the death certificate
• Affidavit for Collection of Personal Property completed and notarized if the estate qualifies under Minnesota Statute § 524.3-1201 ($75,000 threshold)
• Application to Title and Register a Motor Vehicle (Form PS2000)
• Payment of applicable title, filing, and technology fees

For Surviving Spouse Not Subject to Probate:

• Current Minnesota certificate of title
• Certified or official copy of the death certificate
• Assignment of Vehicle to Surviving Spouse / Not Subject to Probate form completed and notarized
• Payment of applicable title and filing fees

What if There Is a Loan on the Car?

If a lien is recorded on the certificate of title, the surviving owner or estate representative must ensure that all lien information is properly transferred along with the title. The original title must reflect the current lienholder information before submission.

Depending on the lender's policies, a lien release document or a new title showing the lien in the proper owner's name may be required. Any new owner should contact the lienholder directly to verify that ownership records match before completing the transfer.

Contact Information

Minnesota Driver and Vehicle Services
445 Minnesota Street, Suite 195, Town Square Building, Saint Paul, MN 55101-5190
Phone: (651) 297-2126
Official Website: Minnesota Driver and Vehicle Services