Sahvelo

Transferring a vehicle in Alabama after someone dies

Alabama's whole procedure turns on one question, and it is not the one most states ask. Not the size of the estate, not whether there was a will — only this: has the estate been probated, or will it be? If not, the answer is a one-page affidavit and a copy of the death certificate. If so, it is a copy of the letters. The counter is the county office that issues your license plates.

State Alabama

The procedure is set by the state that issued the title, not by where the owner lived.

Sahvelo publishes 50 states for this topic. If the title came from another state, that state's motor vehicle agency is the authoritative source until we publish it. See what's published.

Paths
3 in this state

The paths this state offers

Every route Sahvelo has verified for transferring a vehicle after a death in this state, side by side. The guided questions identify which one applies to you.

Path When it applies Court involvement Tax owed Speed Authority
Surviving co-owner on an "or" title Two owners named on the certificate with their names joined by "or" or "and/or" None The title fee and the agent's commission Fastest — one signature is required rather than two Alabama Administrative Code rule 810-5-75-.40
Next of Kin Affidavit The estate has not been probated and will not be, and the heirs agree None The title fee and the agent's commission Fast — a one-page affidavit and a copy of the death certificate, with no waiting period stated Alabama Administrative Code rule 810-5-75-.09(1); form MVT 5-6
Letters testamentary or of administration The estate has been probated or will be, including where the appointment was made in another state Yes — the appointment comes from a probate court The title fee and the agent's commission, plus whatever the probate court charges As slow as the appointment takes; summary distribution adds a newspaper notice, a Medicaid notice and thirty days from each Alabama Administrative Code rule 810-5-75-.09(2); Code of Alabama §§ 43-2-691 and 43-2-692

One question decides it: probated, or not

Most states in this corpus route a vehicle by the value of the estate, or by whether there is a will, or by who survived. Alabama does none of that. Rule 810-5-75-.09 has two paragraphs, and the only thing separating them is whether the estate is going through probate.1

No probate: “When an owner of a motor vehicle becomes deceased and the estate has not been and will not be probated, the next of kin may apply for replacement title or transfer ownership of the vehicle by submitting a title application to the department that is accompanied by:” a “Next of Kin Affidavit (Form MVT 5-6)” and “A copy of the death certificate for the person reflected as the owner on the form.”1

Probate: “the executor or administrator of the estate may apply for replacement title or transfer ownership of the vehicle by submitting a title application to the department that is accompanied by a copy of the letters testamentary, letters of administration, or an equivalent order issued by a court of competent jurisdiction.”1

The Department publishes the same answer in its own words, and points at the rule behind it: “See Administrative Rule: 810-5-75-.09 Transfer of Title For A Vehicle From A Deceased Owner, for more details.” It is filed under “Titles” and “Title Applications” — not under anything about death — which is why it is nearly impossible to find by browsing.5

Either route can ask for a replacement title as well as a transfer. So a certificate that cannot be found is not a separate obstacle in Alabama: the same affidavit or the same letters carry a replacement application, and a replacement costs the same $15 as a transfer.17

There is a third paragraph for the case where the person bought a vehicle and died before titling it: “the vehicle must be titled in the estate of the deceased owner by following the” same two procedures, according to whether the estate will be probated. Title it in, then title it out.1

One word on the certificate decides who may sign

Before any of the death routes, read the owner block. Rule 810-5-75-.40 attaches ownership rights to the conjunction between the two names, and states it twice — once for the application and once for the assignment.2

“Two (2) owners joined by the conjunction “and” or with no conjunction between the names have tenancy in common ownership rights and both owners are required to sign the title application. Two (2) owners joined by the conjunction “or” or “and/or” have joint tenancy ownership rights with rights of survivorship and only one (1) owner is required to sign the title application.”2

“or with no conjunction between the names” is the sentence that catches people. Two names printed on one line with nothing between them are a tenancy in common — the same as “and”, not the same as “or”. Both owners are required to sign, so the deceased owner's signature has to come from the estate.2

And the rule caps the number: “No more than two (2) owners may listed on an application for certificate of title.”2

A power of attorney will not do it, and Alabama says so twice

The Motor Vehicle Division runs a training course for the county officials who process Alabama titles, and publishes the manual. Under the probated branch of the deceased-owner lesson it prints: “Note: A power of attorney cannot be used to sign on behalf of the executor or next of kin in the title assignment on the back of the title.” Under the unprobated branch, it prints the same note again.4

A department that repeats itself in its own training material is telling you which mistake it sees. The executor, the administrator or the heir signs the assignment personally. Somebody holding their power of attorney cannot.4

The manual also sets out what the person at the counter owes you, which is more than a stamp: “Obtaining the information and documentation needed to complete the title application”, “Properly completing and signing the application”, “Properly assembling the title application package and all required supporting documents”, “Providing the owner/customer with a signed copy of the application”, and “Submitting the title application and required fees to the ADOR within ten (10) calendar days (Code of Alabama, 1975 §32-8-35). The vehicle must be registered within 20 days so that the title application will serve as the permit for operation of the vehicle until registered (§32-8-38).”4

Ask for the signed copy of the application before you leave. The certificate itself arrives later, and that copy is the evidence in the meantime — and, on the manual's own account of section 32-8-38, what permits the vehicle to be operated until it is registered.4

The county office that issues plates is the counter

There is no central title office to visit. Section 32-8-34 makes the county official an agent of the Department automatically: “Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license plates shall by virtue of his or her office be a designated agent of the department.” They may act “either personally or through any of their deputies.”6

Dealers are designated agents too, bonded, and the Department may appoint others. But for a family after a death the office to call is the one that issues the license plates for the county.6

The money is small and stated in the Code rather than in a schedule that moves. Section 32-8-6 charges $15 for “Each application for certificate of title”, for “Each application for replacement or corrected certificate of title”, and for “Each application for certificate of title after transfer” — the same figure for all three. The agent adds “one dollar fifty cents ($1.50) for each transaction”, and where several things are done to one vehicle at once the section counts them as one.7

The training manual gives the counter figure rather than only the statutory one: “Code of Alabama, 1975 §32-8-7 states, in part, that county licensing officials may charge up to $18.00. However, a dealer cannot charge more than $16.50 for a title application fee.”4

Alabama names the car in the spouse's allowance

Most states describe a surviving spouse's exempt property as personal property and leave the family to work out whether that includes the car. Alabama names it: “the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding $7,500 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects.”9

“in excess of any security interests therein” means the financed part does not count. A car worth twelve thousand dollars with an eight thousand dollar loan on it counts as four.9

Where there is no spouse the entitlement passes down — “children of the decedent are entitled jointly to the same value” — and the section ranks it: these rights “have priority over all claims against the estate”, abating only for the homestead allowance and the family allowance. They are also additive, “in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.”9

This is a rule about entitlement inside an estate, not a rule about the title counter. It does not move a certificate; rule 810-5-75-.09 does that. Where the two routes meet is a probated estate, and there the allowance is worth knowing about before the estate's debts are paid.91

Alabama's small estate ceiling is not a number

The Revised Alabama Small Estates Act defines its ceiling by arithmetic rather than by figure. Section 43-2-691: “SMALL ESTATE AMOUNT. The sum as adjusted from time to time based on the Consumer Price Index formula set forth in Section 43-8-116 of the homestead allowance under Section 43-8-110, exempt property under Section 43-8-111, and the family allowance under Sections 43-8-112 and 43-8-113.”10

Sahvelo states the components and the mechanism and deliberately does not state the total. An indexed figure that was right last year is worse than no figure at all — the same decision taken for Michigan's vehicle ceiling and Colorado's. Ask the judge of probate for the county what the small estate amount is this year.10

Two definitions in the same section close the route more often than the money does. “DECEDENT” means “A deceased individual who is not survived by a minor child who is not the child of the surviving spouse, if any” — a minor stepchild takes the estate outside this division altogether. And “ESTATE” means “All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law” — owning any real property closes it, whatever the value.10

And summary distribution is a court proceeding, not a counter form. Section 43-2-692 requires “a verified petition in the office of the judge of probate”, alleging eleven things including that “All funeral expenses of the decedent have been paid or arrangements for the payment out of the estate of the decedent of all unpaid funeral expenses have been made” and the same for “All claims against the decedent’s estate”. Notice is published once in a newspaper of general circulation, the Alabama Medicaid Agency is notified, and the court may not act until “At least 30 days have elapsed” since each.11

Which is why, for a vehicle alone, the Motor Vehicle Division's own rule is usually the faster road: where the estate is not going to be probated at all, an affidavit and a death certificate move the title without any of this.111

What to do, step by step

The order of operations for each path. Only one of these applies to you — the guided questions will say which.

Surviving co-owner on an "or" title

Read the conjunction, sign the assignment, apply at the county office.

  1. First

    Read the owner block on the certificate

    What matters is the word between the two names. "or" and "and/or" carry rights of survivorship; "and", or no word at all, is a tenancy in common.

  2. once the conjunction is confirmed

    Complete the assignment on the certificate

    Where the names are joined by "or" or "and/or", the rule says only one owner is required to sign.

  3. when the assignment is complete

    Apply at the county licensing office

    The judge of probate, commissioner of licenses or director of revenue for the county is a designated agent of the Department by virtue of office. Take a certified copy of the death certificate as well.

  4. before you leave the counter

    Take the signed copy of the application away with you

    The agent must provide it, and must submit the package to the Department within ten calendar days.

Next of Kin Affidavit

One heir signs for all of them, with a copy of the death certificate.

  1. First

    Settle who the heirs are and what they want

    The affidavit is signed by one heir and asserts the desire of all of them, under penalty of perjury. Do this part before anybody signs anything.

  2. as soon as it is available

    Get a copy of the death certificate

    The rule asks for "A copy of the death certificate for the person reflected as the owner on the form", and the form repeats the requirement on its own face.

  3. once the certificate is in hand

    Complete form MVT 5-6 and check one box

    Either a replacement certificate of title, or the vehicle titled in accordance with a completed assignment. The form says CHECK ONE BOX ONLY, and whichever is chosen must be completed by the same person who signed.

  4. with the form

    Complete the assignment as "seller" on behalf of the estate

    That is the rule's own word. A power of attorney cannot be used to sign it for the next of kin.

  5. when the papers are complete

    Take everything to the county licensing office

    The affidavit, the copy of the death certificate, the certificate of title, and the fee. The agent completes and signs the application with you and gives you a signed copy.

Letters testamentary or of administration

The appointed person applies, with a copy of the court's letters.

  1. First

    Obtain the letters, or an equivalent order

    Letters testamentary, letters of administration, "or an equivalent order issued by a court of competent jurisdiction" — which admits an appointment made in another state.

  2. once the letters are issued

    Take a copy for the Department

    The rule asks for a copy of the letters to accompany the title application.

  3. with the copy of the letters

    The executor or administrator completes the assignment

    As "seller" on behalf of the estate of the deceased owner, personally — a power of attorney cannot sign it for them.

  4. when the papers are complete

    Apply at the county licensing office

    With the certificate of title, or an application for a replacement where it cannot be found, and the fee.

Documents and forms

Each name below links to the official form or the agency page that issues it.

Needed on every path

  • A copy of the death certificate

    Required on the unprobated route by the rule and again by the form: "This affidavit must be submitted with a copy of the death certificate when applying for an Alabama Certificate of Title." Nothing read here states a requirement on the other routes, so take one anyway.

    Link checked 2026-08-19

  • The certificate of title

    The assignment on the back is completed as "seller" on behalf of the estate. Where the names of two owners are joined by "or" or "and/or", one owner's signature is enough; where they are joined by "and", or by nothing, both are required.

    Link checked 2026-08-19

  • Application for an Alabama certificate of title

    Completed and signed with the designated agent, who assembles the package and submits it to the Department within ten calendar days. Ask for the signed copy the agent is required to give you.

    Link checked 2026-08-19

Needed on some paths

  • Next of Kin Affidavit (form MVT 5-6)

    Only if no

    Applies to No probate — the Next of Kin Affidavit and a death certificate

    One page. The signer certifies as next of kin that they are one of the heirs, that the estate has not been probated and does not require probate, and asserts the desire of all the heirs. One box only: a replacement certificate, or the vehicle titled in accordance with a completed assignment. Signed under penalty of perjury; no notary is asked for on its face.

    Link checked 2026-08-19

  • Letters testamentary, letters of administration, or an equivalent court order

    Only if yes

    Applies to Probate — letters, or an equivalent order from any competent court

    A copy accompanies the title application where the estate has been or will be probated. The rule accepts "an equivalent order issued by a court of competent jurisdiction", which reaches an appointment made outside Alabama.

    Link checked 2026-08-19

  • Application for a replacement certificate of title

    Applies to No probate — the Next of Kin Affidavit and a death certificateProbate — letters, or an equivalent order from any competent court

    Where the certificate cannot be found. Both branches of rule 810-5-75-.09 allow a replacement as readily as a transfer, and section 32-8-6 charges the same fee for one. It must be completed by whoever completed the affidavit.

    Link checked 2026-08-19

Where and how to file

  • In person

    The county office that issues motor vehicle license plates — the judge of probate, the commissioner of licenses, or the director of revenue

    There is no central title counter. Section 32-8-34 makes each of those county officials a designated agent of the Department by virtue of office, and they may act personally or through any of their deputies.The agent completes and signs the application with you, assembles the package with the supporting documents, and submits it to the Department within ten calendar days.Ask for the signed copy of the application before you leave. The manual makes providing it one of the agent's responsibilities, and it is what stands in for the certificate until the certificate arrives.

    Find an office

    Applies to every path

  • In person

    The judge of probate for the county where the person lived

    Letters testamentary or letters of administration come from the probate court, not from the Department of Revenue. In many Alabama counties the judge of probate is also the designated agent for titles, so it may be the same building.A petition for summary distribution is filed "in the office of the judge of probate of the county in which the decedent was domiciled at death", and no bond is required with it.Expect the notices to take time: publication once in a newspaper of general circulation, notice to the Alabama Medicaid Agency, and at least thirty days from each before the court may order distribution.

    Find an office

    Applies to Probate — letters, or an equivalent order from any competent court

What it costs

Fees change, and the agency's own schedule is the only current source. Where Sahvelo cannot verify a fixed amount, it links the schedule rather than quoting a number.

FeeAmountNotesFee schedule
Certificate of title — application, transfer, or replacement Published by the agency The same statutory figure covers an application for a certificate of title, an application for a replacement or corrected certificate, and an application for a certificate after transfer. Current fee schedule
The designated agent's commission Published by the agency One dollar fifty cents per transaction, retained by the agent. Where several transactions are involved in one application on a single vehicle, the section counts them as one. Current fee schedule
What a county office may charge Published by the agency The Department's training manual states that under section 32-8-7 county licensing officials may charge up to $18.00, and that a dealer may not charge more than $16.50 for a title application. Current fee schedule
Copies of the death certificate Published by the agency The rule requires a copy on the unprobated route and states no charge; certificates are issued by the Alabama Department of Public Health rather than by the Department of Revenue, and its fee is not stated in anything read here. Current fee schedule
Obtaining letters from the probate court Published by the agency Set by the judge of probate for the county rather than by the Department of Revenue, and not stated in anything read here. Summary distribution under section 43-2-692 requires no bond, but does require a newspaper notice, which the newspaper charges for. Current fee schedule

After you file

  • The county office has ten calendar days to send it on to the Alabama Department of Revenue: the agent's responsibilities include “Submitting the title application and required fees to the ADOR within ten (10) calendar days (Code of Alabama, 1975 §32-8-35).”Keep the signed copy of the application the agent gives you. On the manual's own account of section 32-8-38, the application serves as the permit to operate the vehicle until it is registered, and the vehicle must be registered within twenty days for that to hold.

    Applies to every path

  • The title is not the registration and neither is the license plate. Both are separate transactions at the same county office.Insurance is a precondition of registration in Alabama rather than of title, so a vehicle that is going to be driven needs a policy in the new owner's name before the plate is issued.

    Applies to every path

  • A loan does not disappear because the borrower did. Nothing read here states what the Department requires to discharge a lien on a death transfer, so ask the county licensing official and the lender both, before the application is submitted rather than after.The lien also changes what the exempt property allowance is worth, because section 43-8-111 counts a vehicle at its value “in excess of any security interests therein”.

    Applies to every path

  • Moving the certificate does not close the estate. Where letters were used, the vehicle is an estate asset that has been distributed, and the administration continues around it.Where the Next of Kin Affidavit was used, one heir has certified under penalty of perjury that the estate “has not been probated and does not require probate” and that the transfer is what all the heirs wanted. If that turns out to be wrong, it is a problem about the affidavit and not only about the car.

    Applies to No probate — the Next of Kin Affidavit and a death certificateProbate — letters, or an equivalent order from any competent court

If your situation doesn't fit one of these paths

Common complications, and what each one changes.

  • The certificate of title cannot be found

    In Alabama this is not a separate problem. Both branches of rule 810-5-75-.09 let the same person “apply for replacement title or transfer ownership”, so the affidavit or the letters carry a replacement application as readily as a transfer.

    The form makes the same offer in its own words — the first box is “A replacement certificate of title be issued for the vehicle described above” — and adds that the “replacement application must be completed by the individual who completed this form”. Section 32-8-6 charges $15 for a replacement, the same as for a transfer.137

  • Two names on the title with nothing between them

    That is not a survivorship title. Rule 810-5-75-.40 treats it as a tenancy in common: “Two (2) owners joined by the conjunction “and” or with no conjunction between the names have tenancy in common ownership rights and both owners are required to sign the title assignment.”

    So the deceased owner's signature still has to come from the estate — through the Next of Kin Affidavit if there is no probate, or through the executor or administrator if there is. The surviving co-owner signs for themselves.21

  • The heir or the executor cannot come to the counter

    A power of attorney is the natural answer and Alabama has closed it: “A power of attorney cannot be used to sign on behalf of the executor or next of kin in the title assignment on the back of the title.” The Department prints that note under both branches of its own training material.

    What the Department does publish instead is not stated in anything read here. Ask the county licensing official before making arrangements — the office that will process the application is the office that decides what it will accept.4

  • The person was appointed by a court in another state

    The rule anticipates it. What accompanies the title application is “a copy of the letters testamentary, letters of administration, or an equivalent order issued by a court of competent jurisdiction” — it does not say an Alabama court.

    The vehicle still follows the certificate rather than the estate, so an Alabama certificate is transferred at an Alabama county office whatever state the appointment came from.1

  • The person had bought the vehicle but never got the title into their name

    Rule 810-5-75-.09 has a paragraph for exactly this: “When a deceased owner acquires a motor vehicle, but did not obtain title to the vehicle before their death, the vehicle must be titled in the estate of the deceased owner by following the” same procedures, according to whether the estate will be probated.

    It is two transactions rather than one — into the estate, then out of it — and section 32-8-6 counts several transactions on a single vehicle in one application as one for fee purposes, which is worth mentioning at the counter.17

  • There is still a loan on the vehicle

    Nothing in the administrative rule, the Department's published answer, its training manual or the Code sections read here says what discharges a lien on a transfer following a death. Sahvelo states that rather than guessing, and the question goes to the county licensing official and to the lender.

    It matters in one place this page can be definite about. Section 43-8-111 counts a vehicle toward the surviving spouse's exempt property at its value “in excess of any security interests therein”, so the loan reduces what the allowance is worth rather than the allowance clearing the loan.9

  • Somebody mentions a 35-day notice

    Section 32-8-46 requires that “a person or entity initiating an involuntary transfer by operation of law in this state shall give notice of the action to the department at least 35 calendar days prior to the date of the transfer”, with the vehicle's details and “The date, time, and location of the involuntary transfer by operation of law”. Three cases are excepted, and a death is not among the three named.

    Whether it reaches a death is not resolved here. The Department's rule, its published answer and its training manual all set out the death procedure completely and none of them mentions a notice or a waiting period. If a county office asks for one, that is the office to ask about it — this page will not tell you it does not apply.8

  • The estate includes a house, or a minor stepchild survives

    Either fact closes Alabama's summary distribution route whatever the estate is worth. Section 43-2-691 defines an “ESTATE” for that division as “All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law”, and a “DECEDENT” as one “who is not survived by a minor child who is not the child of the surviving spouse, if any”.

    It does not close the vehicle route. Rule 810-5-75-.09 asks only whether the estate is being probated, and where it is, the answer is a copy of the letters.101

Questions people ask about this

  • How do I know which route is ours?

    One question: has the estate been probated, or will it be? If not, it is the Next of Kin Affidavit and a copy of the death certificate. If so, it is a copy of the letters testamentary or letters of administration.The size of the estate does not decide it, and neither does whether there was a will. Check the certificate first, though — where two owners' names are joined by “or” or “and/or”, the surviving owner may sign alone and neither death route is needed.12

  • Do all the heirs have to sign the affidavit?

    No — one does, and speaks for the rest. The signer certifies “as next of kin, he/she is one of the heirs of the deceased” and then asserts “that it is the desire of the said heirs” that a particular thing happen, under penalty of perjury.That is exactly why the agreement has to be real before anybody signs. Whoever signs also has to complete the assignment or the replacement application themselves — the form says so for both boxes.3

  • Can somebody sign for the executor with a power of attorney?

    No. The Department tells its own county title clerks twice, once under each branch of the deceased-owner lesson: “A power of attorney cannot be used to sign on behalf of the executor or next of kin in the title assignment on the back of the title.”What is accepted instead where the person genuinely cannot attend is not published in anything read here. Ask the county office that will process the application.4

  • Where do we take it?

    To the county office that issues motor vehicle license plates. Section 32-8-34 makes “Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license plates” a designated agent of the Department by virtue of office.They may act personally or through a deputy, and they have ten calendar days to send the package to the Department. Ask for the signed copy of the application before you leave.64

  • What does it cost?

    $15 to the Department for an application for a certificate of title, for a replacement, or for a title after transfer — the same figure for all three — and one dollar fifty cents to the designated agent.The Department's training manual adds what a county office may charge in total: up to eighteen dollars under section 32-8-7.74

  • We cannot find the title. Does that stop us?

    No. Both branches of the rule allow the same person to “apply for replacement title or transfer ownership”, and form MVT 5-6's first box is a replacement certificate.Section 32-8-46 assumes it too: the transferee delivers “the last certificate of title, if available, and proof of the transfer”. If available.138

  • The car is most of what my spouse left. Does it come to me?

    Alabama names automobiles in the surviving spouse's exempt property: “property of a value not exceeding $7,500 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects”, ahead of every claim against the estate except the homestead and family allowances.That is an entitlement inside an estate rather than a way of moving a certificate. The certificate still moves on rule 810-5-75-.09 — the affidavit if there is no probate, the letters if there is.91

  • What is Alabama's small estate limit?

    It is not a figure in the statute. Section 43-2-691 defines the small estate amount as the indexed sum of the homestead allowance, the exempt property and the family allowance, “as adjusted from time to time based on the Consumer Price Index formula set forth in Section 43-8-116”. Sahvelo does not state the total, because a figure that was right last year would be wrong this year.Ask the judge of probate for the county. And note that for a vehicle alone the small estate route is usually beside the point — where the estate is not going to be probated, the Motor Vehicle Division's affidavit moves the title without any court at all.101

  • Is there a deadline?

    None is stated for the death itself in anything read here. The timings that are published run the other way — the designated agent must submit the package to the Department “within ten (10) calendar days”, and “The vehicle must be registered within 20 days so that the title application will serve as the permit for operation of the vehicle until registered”.Section 32-8-46 does carry a 35-day advance notice requirement for an involuntary transfer by operation of law, and whether that reaches a death is an open question this page does not answer either way.48

What the terms mean

7 terms used on this page, defined from the statute
Next of Kin Affidavit (MVT 5-6)
Alabama's one-page form for a vehicle where the estate is not being probated. One heir certifies, under penalty of perjury, that they are one of the heirs and that the estate 'has not been probated and does not require probate', and asserts the desire of all the heirs. It carries either a replacement title application or a transfer, one box only, and must be submitted with a copy of the death certificate. Alabama Administrative Code rule 810-5-75-.09, Form MVT 5-6
Designated agent
The office that takes an Alabama title application. Section 32-8-34 makes each judge of probate, commissioner of licenses, director of revenue or other county official authorized to issue license plates a designated agent of the Department by virtue of office, acting personally or through deputies. Dealers are designated agents too, and the Department may appoint others. Code of Alabama 1975, § 32-8-34
"And", "or" and "and/or" on a certificate
In rule 810-5-75-.40 the word between two owners' names is the ownership. 'And', or no conjunction at all, gives tenancy in common ownership rights and requires both owners to sign. 'Or' and 'and/or' give joint tenancy ownership rights with rights of survivorship and require only one. No more than two owners may be listed. Alabama Administrative Code rule 810-5-75-.40
Letters testamentary or letters of administration
The probate court's document appointing somebody to act for an estate — testamentary where there is a will, of administration where there is not. Alabama's rule accepts a copy of either, 'or an equivalent order issued by a court of competent jurisdiction', which reaches an appointment made in another state. Alabama Administrative Code rule 810-5-75-.09
Exempt property
The surviving spouse's entitlement under section 43-8-111 to property worth up to seven thousand five hundred dollars in excess of any security interests, in household furniture, automobiles, furnishings, appliances and personal effects — one of the few state provisions that names the car. It has priority over all claims against the estate, abating only for the homestead and family allowances, and it is additional to whatever the will or intestacy gives. Code of Alabama 1975, § 43-8-111
Small estate amount
Alabama's ceiling for summary distribution, defined in section 43-2-691 as the sum of the homestead allowance, the exempt property and the family allowance, adjusted from time to time on the Consumer Price Index formula in section 43-8-116. It is a calculation rather than a printed figure, which is why Sahvelo states the components and not the total. Code of Alabama 1975, § 43-2-691
Summary distribution
The procedure in section 43-2-692 for distributing a small estate without appointing a personal representative. It is a verified petition to the judge of probate rather than a counter form: no bond, but a newspaper notice, a notice to the Alabama Medicaid Agency, and at least thirty days from each before the court may order distribution. Code of Alabama 1975, § 43-2-692

See the full glossary across every state

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Find my vehicle transfer path

Sahvelo gives information drawn from statutes, agency guidance and official forms. It is not legal advice for your particular situation. Terms & disclaimer.

Sources

Every rule on this page traces to one of the following. The administrative rules and the Code sections are the Alabama Legislature's own publications; the form and the training manual are the Department of Revenue's.

  1. Alabama Administrative Code, Revenue chapter 810-5-75 — rule 810-5-75-.09, transfer of title for a vehicle from a deceased owner

    Transfer of title for a vehicle from a deceased owner: the unprobated route with form MVT 5-6 and a death certificate, the probated route with letters or an equivalent court order, the instruction to sign the assignment as seller on behalf of the estate, and the case where the deceased never held the title.

    admincode.legislature.state.al.us Checked 2026-08-19

  2. Alabama Administrative Code, Revenue chapter 810-5-75 — rule 810-5-75-.40, requirements for names and signatures

    Names and signatures: "and" or no conjunction is a tenancy in common and both owners sign; "or" or "and/or" is a joint tenancy with rights of survivorship and one owner signs. No more than two owners.

    admincode.legislature.state.al.us Checked 2026-08-19

  3. Alabama Department of Revenue, Motor Vehicle Division — form MVT 5-6, Next of Kin Affidavit (2/20)

    The affidavit itself: one heir certifying under penalty of perjury, the estate not probated and not requiring probate, the desire of all the heirs, one box only, and the death certificate that must accompany it.

    revenue.alabama.gov Checked 2026-08-19

  4. Alabama Department of Revenue, Motor Vehicle Division — Designated Agent Training Manual (2023)

    The Motor Vehicle Division's own course for county title clerks: the deceased-owner process, the prohibition on using a power of attorney to sign for an executor or next of kin, the agent's responsibilities and the ten-day and twenty-day timings.

    revenue.alabama.gov Checked 2026-08-19

  5. Alabama Department of Revenue — How do I apply for title if the owner is deceased?

    The Department's own published answer, in two sentences, naming rule 810-5-75-.09 as its authority.

    revenue.alabama.gov Checked 2026-08-19

  6. Code of Alabama 1975, § 32-8-34 — designated agents of the department

    Designated agents: every judge of probate, commissioner of licenses and director of revenue who issues plates is one by virtue of office, personally or through deputies.

    alison.legislature.state.al.us Checked 2026-08-19

  7. Code of Alabama 1975, § 32-8-6 — transaction fees; commissions

    The fee: fifteen dollars for a title application, a replacement, or a title after transfer, plus one dollar fifty cents to the designated agent, counted once where several transactions touch one vehicle.

    alison.legislature.state.al.us Checked 2026-08-19

  8. Code of Alabama 1975, § 32-8-46 — transfer of ownership by operation of law

    Transfer of ownership by operation of law: the last certificate of title "if available", proof of the transfer, and a 35-day notice requirement whose application to a death is recorded as an open question rather than asserted.

    alison.legislature.state.al.us Checked 2026-08-19

  9. Code of Alabama 1975, § 43-8-111 — exempt property

    Exempt property: seven thousand five hundred dollars in excess of security interests, in household furniture, automobiles, furnishings, appliances and personal effects, ahead of all claims against the estate.

    alison.legislature.state.al.us Checked 2026-08-19

  10. Code of Alabama 1975, § 43-2-691 — definitions, Revised Alabama Small Estates Act

    Definitions in the Revised Alabama Small Estates Act: the small estate amount as an indexed sum of three allowances, and the two definitions that close the route where there is real property or a minor stepchild.

    alison.legislature.state.al.us Checked 2026-08-19

  11. Code of Alabama 1975, § 43-2-692 — petition for summary distribution

    Petition for summary distribution: what it must allege, the newspaper notice, the Alabama Medicaid Agency notice, and the thirty days that must run from each.

    alison.legislature.state.al.us Checked 2026-08-19

Where a source is marked pending re-verification, the page says so wherever the claim appears.

Related from the Sahvelo Journal: What Happens to a Car When Someone Dies?

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