Transferring a title from a deceased owner in Michigan is not one without complications. In most cases, when the vehicle owner dies, the spouse is already able to transfer the vehicle into their name. However, if you are planning to purchase a vehicle where the owner is already deceased, you need to know about the following facts from this article.
What is the title in my name and one of the deceased?
If the title is in your name and that of a deceased, your current title must have the legend “Full Rights to Survivor” printed on it. All that you would need is to transfer the title to your name and attach a copy of the death certificate.
In this case, the license plate will remain.
What is the effect of probate on the title of the vehicle?
According to the Michigan Department of State, there are different parts about probate. Let us share them to you directly from the Department of State website.
Vehicle is probated
- If the deceased owner’s estate is probated, the probated owner must visit a Secretary of State office and provide:
- The original vehicle title, signed by the executor or administrator of the deceased’s estate
- Letter of Authority from the executor or administrator of the deceased’s estate
- A certified copy of the death certificate for the deceased
- Proof of Michigan No-Fault insurance (if the vehicle will be registered)
- Their valid driver’s license or ID
Vehicle isn’t probated
- If the deceased owner’s estate isn’t probated, ownership will be assumed by the surviving spouse or legal next-of-kin.
- If there is no surviving spouse, and there are several closest next-of-kin (e.g., multiple brothers or sisters), all share equal inheritance. Next-of-kin with no interest in the vehicle must complete a certification statement to this effect.
- The surviving spouse or legal next-of-kin may transfer the vehicle into their name by presenting the following at a Secretary of State office:
- The original vehicle title
- A certified copy of the death certificate for the deceased
- Certification from the Heir to a Vehicle form completed by the next-of-kin. (Next-of-kin with a legal right to ownership of the deceased’s vehicle who don’t wish to claim the vehicle must also sign the Certification from the Heir form.)
- Valid driver’s licenses or IDs for all next-of-kin
- Proof of Michigan No-Fault insurance (if the vehicle will be registered in Michigan)
- If they wish, the next-of-kin may add a co-owner at time of titling. If the co-owner is not an immediate family relative of the deceased or is not the spouse of the closest next-of-kin who is inheriting the vehicle, the co-owner is liable for 6% sales tax.
Ask your lawyer for help transferring a title
You can always ask your lawyer for help transferring a title. There are some facts that you may need to learn more about before you are even able to transfer the title of a vehicle.
Get a Southfield car accident lawyer through Haque Legal to help you fight for your rights but also help transfer the ownership of the property that you may need.
Contact Your Lawyer Today
If you have a vehicle that you would like to transfer the ownership of, you should contact us today. A lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and should not be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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