How to Transfer a Deceased Person's Vehicle in Arizona (2024)

Article Contents

1. Gather Necessary Documents
2. Determine Ownership Status
3. Transferring the Estate Vehicle Outside of Probate
4. How to Transfer the Estate Vehicle Through Probate

Making decisions about a deceased loved one’s assets can seem overwhelming. The mental and psychological distress that accompanies losing a loved one can make decisions regarding the disposition of their property difficult. Fortunately, Arizona simplifies the transfer of a vehicle to your name after the original owner's death.

In Arizona, you may be eligible for a simplified transfer process that avoids probate if certain conditions are met:

• At least thirty days have passed since the death
• You have the right to inherit the vehicle via intestate succession or a Will
• The vehicle is valued at less than $50,000

If these conditions aren't met, or if the vehicle is valued at $50,000 or more, the transfer may need to go through the probate process. Don't worry - we'll guide you through both scenarios in the following sections.

By the end of this guide, you'll have a clear understanding of what steps to take, what documents you'll need, and how to navigate potential challenges in transferring your loved one's vehicle to your name.

The first step is gathering the right documents will ensure the transfer process goes smoothly and takes the shortest time possible. The documents you need in Arizona to transfer the vehicle of a deceased person include the following:

• Death certificate: Order this certificate from your local Arizona vital records office. You must be 18 years and above and prove you are related by marriage or birth.
• Certificate of title: The title should reflect the deceased person as owner and contain the essential details. It is this document that needs to change to show you are the new owner.
• Bill of sale: This document serves as evidence of purchase. It also establishes the vehicle's value and how to handle tax requirements.
• Probate court order: This order permits the transfer of the deceased loved one's assets to the rightful owner.
• Odometer disclosure statement: This document assesses the vehicle's mileage from when it was bought to the time of transfer. It also checks the wear and tear to determine its true value.

In the Phoenix and Tucson metropolitan areas, a vehicle requires emission testing before the state approves the transfer process. The only exception is if the vehicle is less than five years old, a 1966 model or older, or an electric car.

Before transferring a deceased person’s vehicle, you must determine how they owned it. These details are often indicated in the certificate of title and should direct the transfer method that will be used. If the deceased person owned the vehicle as an individual (sole ownership), the estate planning documents your loved one kept will determine if probate will be necessary to determine the new owner.

If the vehicle was under joint ownership, the title should have a conjunction “or,” which means that the living person in the title is the new and full owner. However, if the conjunction is “and,” the title will go through the administrative process to determine the new owner. Afterward, your name will replace the deceased person’s name in the joint ownership title.

If an individual is named by the owner in the Will as the designated beneficiary, they will automatically inherit the vehicle after their death under Arizona statute A.R.S. 28-2055(B). This provision is called Transfer on Death (TOD), which allows the beneficiary to claim the vehicle without going through the probate process. To designate a beneficiary, the owner would have used the Beneficiary Designation Form (Form 96-0561).

Transfer of vehicle ownership without probate occurs if you own the vehicle under joint ownership with the deceased person or you have the rights of survivorship. These exemptions must be clearly stated in the title or estate planning documents.

Take these steps after confirming ownership:

1. Fill out the Arizona non-probate affidavit form(Form 32-6901), which transfers ownership to the applicant. The deceased person’s details must be included as outlined in the form.
2. Notarize the signature by signing it before an Arizona MVD agent or a certified notary.
3. Submit the form together with the vehicle title, certificate of death, and state-issued identification to the Arizona Motor Vehicle Department offices.
4. Pay the title transfer charges and confirm the information they have is accurate.

As you start the transfer process, make sure the vehicle remains insured and later change the insurance policy’s details to include your name.

Transfer of a vehicle through probate occurs when the deceased was the sole owner or was in a tenant-in-common ownership. The following are the steps to take to get the car in your name through probate:

1. File the necessary documents with your local probate court. Get a free probate checklist here.
2. Once established, the judge will confirm the executor as having the administrative authority to manage the estate.
3. The executor will gather the necessary records and conduct an inventory of all assets.
4. The executor will distribute the assets, including the vehicle, according to the will’s instructions. Arizona intestate laws will determine the new owner if there is no will.
5. Once you are confirmed as the new owner, apply for a transfer of ownership with the Arizona MVD. You'll need to complete the Title and Registration Application (Form 96-0236).

The probate process might take weeks or months before you can be handed over the full rights to the vehicle. You must also be ready to pay the title transfer fees once the probate process ends.

Special Considerations

The transfer process of a deceased person's vehicle can come with challenges that need special considerations. For example, if the vehicle had a lien or the original owner was still paying the loan. You must factor these into the transfer process and valuation. If there is a lienholder, the executor should communicate with them to settle the remaining balance. If the deceased person had multiple vehicles, the executor must handle each vehicle separately in determining the new owner. Each vehicle may have a different ownership status or outstanding balance.

Even though the vehicle transfer process is straightforward, you may encounter complex situations requiring an estate professional. An experienced expert can handle these challenges and ensure you remain compliant with Arizona laws. ClearEstate can help you through this process and reduce the emotional burden of dealing with your deceased loved one’s asset transfer process. Book a free consultation today.

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