What Happens If Two People Own a Car And One Dies in Alabama
When one of two owners listed on an Alabama vehicle title dies, the next step depends on how the names are shown on the title and whether the deceased owner’s interest passes to the surviving owner or to the estate. Alabama requires title and registration records to reflect the current legal owner, so the surviving owner or estate representative should promptly complete the title update through an authorized office.
Determine How the Names Appear on the Alabama Car Title
Under Alabama Rule 810-5-75-.40, the conjunction between the owners’ names determines whether the vehicle is held with survivorship rights or as a tenancy in common.
If the Title Shows Survivorship Language
If the two names are joined by “or” or “and/or,” Alabama treats the ownership as joint tenancy with right of survivorship. In most cases, that means the surviving owner becomes the owner by operation of law.
If the Title Does Not Show Survivorship Language
If the two names are joined by “and,” or no conjunction appears, Alabama treats the ownership as tenancy in common. In that circumstance, the deceased owner’s share does not automatically pass to the surviving co-owner; instead, it becomes part of the estate.
Alabama Car Title Rules After One Owner Dies
Alabama’s ownership guidance explains that when a vehicle is jointly titled with survivorship wording, the deceased owner’s interest passes to the other joint owner, and the deceased owner’s name must be removed from the title and registration. The same state guidance also explains that a death certificate is adequate documentation to support that change.
If the title is held without survivorship rights, the title should not remain unchanged after one owner dies. Alabama requires the title record to be corrected so that it reflects the estate’s interest or the interest of the person who lawfully receives the vehicle through the estate process.
Does a Car Go Through Probate in Alabama if One Owner Dies?
Not always. If the vehicle is titled with survivorship language such as “or” or “and/or,” the vehicle interest generally passes directly to the surviving owner and does not go through the deceased owner’s estate.
If the title is held as tenancy in common, such as with “and” or no conjunction, the deceased owner’s share becomes part of the estate. Alabama’s deceased-owner procedure in Rule 810-5-75-.09 provides that, when the estate has been or will be probated, the estate representative must provide probate authority documents, and when the estate has not been and will not be probated, the transfer may proceed with a Next of Kin Affidavit and a copy of the death certificate.
How to Transfer a Car Title in Alabama After a Co-Owner Dies
Alabama requires title applications to be filed through a designated agent of the Department. Designated agents include county license plate issuing officials, licensed Alabama motor vehicle dealers, and certain Alabama financial institutions.
General Process
- Review the current title to determine whether the names are joined by “or,” “and/or,” or “and.”
- Gather the current title and the supporting ownership documents.
- If the estate is being probated, provide letters testamentary, letters of administration, or an equivalent court order.
- If the estate is not being probated, provide the required affidavit and death certificate.
- Submit the application through the proper county licensing office or other designated agent.
Applicable Fees
Alabama publishes official title charges in its title fee table. Vehicle registration charges are published separately in its registration fee table. For a title transfer after the death of a co-owner, the fees most commonly relevant are:
| Fee | Amount | When It May Apply |
|---|---|---|
| Transfer of certificate of title | $15 | When ownership is being transferred or corrected into the proper owner’s name |
| Replacement certificate | $15 | If a replacement title is needed before the transfer can be completed |
| Designated agent commission | $1.50 | Added for each title application processed |
| License plate issuing official commission | $1.50 | May also be collected when the application is processed by that office |
| Local county fees | Varies | May apply depending on the county office |
| Passenger car or pickup registration | $23 to $105 | May apply if the registration must also be updated |
Surviving Spouse
Under the Alabama Department of Revenue’s 2017 memorandum, a surviving spouse who obtains ownership of a vehicle from a deceased spouse must apply for a certificate of title in his or her own name within 20 days of obtaining ownership.
Documents Needed to Transfer an Alabama Car Title After Death
The exact documents depend on how the vehicle is titled and whether the estate is being probated, but Alabama generally requires records sufficient to show lawful ownership and authority to transfer the vehicle.
Common Documents
- The current certificate of title, if available
- A copy of the death certificate
- Letters testamentary, letters of administration, or an equivalent court order if the estate is probated
- The Next of Kin Affidavit (Form MVT 5-6), if the estate has not been and will not be probated
- Any additional ownership records required by the designated agent
What if There Is a Loan on the Car?
If there is a recorded lien, the lienholder information on the title application must match that shown on the supporting title record. The applicant should present the title and all lien-related documents to the processing office so the ownership transfer and lien information can be reviewed together.
Contact Information
Alabama Motor Vehicle Division
2545 Taylor Road, Montgomery, AL 36117
Phone: (334) 242-9000
Official Website: Motor Vehicle Division
