TRANSFER OF OWNERSHIP DECEDENT'S MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT

Before any transfer of ownership can occur for a vehicle of a decedent, satisfactory proof of death must be provided to the designated County Official in the form of a Death Certificate.

Joint Ownership – With Rights of Survivorship : When a Nebraska Certificate of Title to a motor vehicle indicates ownership by more than one individual or “Joint Ownership”, and the names on the face of the title are separated by the word “OR”, or the term “ W ith R ights O f S urvivorship” (WROS), the survivor may transfer ownership of the vehicle by assigning the Certificate of Title to the next buyer and providing a copy of the Death Certificate of the deceased owner to the designated County Official. To alleviate the concerns of identity theft, the survivor may opt to have a title issued in his/her name only prior to the transfer of ownership. To accomplish this, the properly assigned Certificate of Title and the Death Certificate may be provided to the designated County Official along with the proper fee and a new title will be issued in the survivor's name only.

Joint Ownership – Without Rights of Survivorship : Certificates of Title issued in Joint Ownership where the names are separated with the words AND or AND/OR, do not carry the same meaning as With Rights Of Survivorship. If the term With Rights Of Survivorship does not appear on the title document, the survivor name on the title cannot obtain a title in their name until a county judge decides, in probate proceedings, that the survivor has the right to ownership of the vehicle.

Certificates of Title in the Decedents Name Only : When the title is in the decedents name alone, transfer of ownership can occur only if an individual appointed by the court to administer the estate of the decedent properly assigns the title to the buyer. The letter of appointment by the court for this individual must be attached to the title when it is presented to the designated County Official.

If the total value of all of the personal property in the decedent's estate does not exceed $25,000, minus any liens and/or claims, and the title was issued in the name of the decedent alone, the motor vehicle/ATV/minibike/motorboat may be transferred without probate to a claiming successor by submitting an Affidavit for Transfer of Decedent's Motor Vehicle/ATV/Minibike/Motorboat *.

Before the person claiming to be the successor of the decedent submits the Affidavit, the following guidelines must be met:

• Thirty days must have elapsed since death.
• No petition for the appointment of a Personal Representative, Administrator, Special Administrator, Executor or equivalent, is pending or has been granted.
• The Nebraska Certificate of Title must accompany the Affidavit, if available. If the Nebraska title is not available, the DMV must be contacted so that a search can be made to verify that a Nebraska title exists.
• The Death Certificate must be attached to the completed Affidavit.
• Affidavit must be completed in full and the signature of the successor must be notarized on the form.

The Affidavit for Transfer of Decedent's Motor Vehicle/ATV/Minibike/Motorboat and all supporting documentation is submitted to the designated County Official in the county where the successor resides. If the Nebraska Certificate of Title is not available and the vehicle is a motor vehicle, the documentation must include an Odometer Disclosure Statement *.

Certificates of Title From Another State : If the decedent and Certificate of Title are from another state and the survivor is a Nebraska resident, Nebraska will accept the title from the foreign state in the decedents name, properly assigned by an individual who has been appointed by the court to administer the estate of the deceased. The letter of appointment by the court for this individual must be attached to the foreign Certificate of Title when it is presented to the designated County Official.

(* Adobe Acrobat PDF document.)

Questions regarding Decedent's Motor Vehicle may be addressed to dmv.dvrweb@nebraska.gov or by contacting this office at (402) 471-3918.

This page last revised 8/21/2006