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 owner, names joined by OR | Two owners on the title joined by OR or AND/OR, one of them still living | None | Title fee and titling sales tax; a transfer for no consideration needs the gift affidavit unless the parties are parent and child, child and parent, or spouse and spouse | Fastest — one signer, no waiting period stated | West Virginia DMV — titles |
| Surviving owner, names joined by AND | Two owners on the title joined by AND, one of them still living | Depends on who signs for the deceased owner — an executor or administrator holds letters from the court; a legal heir does not | As above | Depends on establishing authority for the deceased owner's half | West Virginia DMV — titles |
| Letters of appointment | A court has appointed an executor or administrator | Yes — the letters are the court's document, obtained through the county | As above | Set by the appointment, not by the Division | West Virginia DMV — titles; W. Va. Code § 17A-4-5 |
| Legal Heir Affidavit | Sole ownership, no will has been left, and no administrator or administratrix has been appointed | None | As above; the plate transfers to a legal heir or legatee without payment of any fee | As fast as the heirs can be assembled in front of a notary — no waiting period stated | Form DMV-185-TR; W. Va. Code § 17A-4-5 |
Thirty days, or sixty — and the will decides which
Most states that publish a small estate affidavit publish one waiting period. West Virginia publishes two, in the same subsection, for the same document. Section 44-1A-2 requires the affidavit to state that “if the successor is nominated as a personal representative or executor under the provisions of the will of the decedent, at least 30 days have elapsed since the decedent's date of death and no application for the appointment of a personal representative for the decedent is pending or has been granted in any jurisdiction.”Source 5
And then the other case: “If the successor is not nominated as a personal representative or executor under the provisions of the will of the decedent, at least 60 days have elapsed since the decedent's date of death, no application for the appointment of a personal representative for the decedent is pending or has been granted in any jurisdiction, and no affidavit of small estate has been filed by a successor nominated as a personal representative or executor under the provisions of the will of the decedent”.Source 5
Read the second one closely. It is not only longer — it carries an extra condition. Somebody who was not nominated has to wait twice as long and confirm that nobody who was nominated has already filed. The nominated person gets a month's head start and the drafting protects it.Source 5
The rest of the route is a county matter rather than a court one. The affidavit is “made upon oath and under penalty of perjury” and tendered “for recording to the clerk of the county commission, or the fiduciary supervisor of the clerk of the county commission, of the county in this state which would have jurisdiction over the probate”. Two limits decide whether it is available at all: the decedent must have died “without owning any probate real property or without owning any interest in probate real property”, and the whole personal probate estate, wherever located, must not exceed $50,000 in aggregate fair market value.Source 5
Whether the Division of Motor Vehicles accepts a recorded small estate affidavit for a title is not stated on any source read here. Its titling page names letters of appointment and the Legal Heir Affidavit and nothing else. That gap is recorded rather than filled.Source 1Source 5
The Division will not accept a copy of the will
Families arrive at the counter with the will, because the will is the document that says who gets the car. West Virginia's Division of Motor Vehicles wants a different one: “Probated Estates: If a will exists, a certified copy of the court-issued letters of appointment for the executor or administrator must be attached. The division will not accept a raw copy of a will.”Source 1
The distinction is worth holding onto because it explains half the rules on this page. The will decides who inherits. The letters prove who may sign. The Division is not adjudicating the first question — it is checking the second.Source 1
The statute describes the same thing in general terms. On a transfer by operation of law the new owner applies “upon presentation of the last certificate of title, if available, and such instruments or documents of authority or certified copies thereof as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.” Documents of authority — that is the category the letters fall into.Source 4
One word between two names, and AND/OR is not its own answer
The Division's signing rule turns on the conjunction printed between the owners. Names “Joined by “AND” : Both owners must sign the title documents for a sale or transfer to be legally binding.” Names “Joined by “OR” or “AND/OR” : Either owner can sign the title document independently as the seller or purchaser.”Source 1
That grouping is the part to notice. Several states in this corpus give AND/OR a third answer of its own; West Virginia folds it in with OR. Two letters on a certificate, and the difference between one signature and two.Source 1
Death does not dissolve the requirement, it relocates it. Where the names are joined by OR, “The surviving owner can complete the transfer independently by signing the back of the title as the seller and executing the purchaser sections to secure a new title in their name alone.” Where they are joined by AND, “Two signatures are required; the surviving owner signs, and an executor, administrator, or legal heir must sign on behalf of the deceased.”Source 1
So an AND title turns into the same question a sole-owner estate faces — who has authority for the deceased owner's half — before anything can be signed at all.Source 1
The other heirs sign the same page
Where there is no will and nobody has been appointed, the route is form DMV-185-TR, the Legal Heir Affidavit. It has two conditions on its face: “This form is only to be completed when no administrator or administratrix has been appointed and no will has been left by the decedent.” The existence of a will closes it, whether or not anyone has probated that will.Source 3
What the claimant swears is that the vehicle comes to them both by law and by consent: that they are “the legal heir(s) of the decedent described herein, as the legally registered owner of the aforementioned motor vehicle, and that I/we have been designated as new owner(s) and assignee(s) pursuant to statutory descent and distribution and by agreement of all other legal heirs.”Source 3
And then West Virginia does something quietly unusual: it makes the other heirs prove that agreement themselves, on the same document. They acknowledge that they “have freely and knowingly relinquished to the above named” claimants “all rights and claims to the vehicle described above.” A form that could have taken one person's word instead collects everybody's signature.Source 3
The plate goes to the heir without payment of any fee
Section 17A-4-5 begins by shutting the vehicle down. Where title or interest passes “otherwise than by voluntary transfer, the registration thereof shall expire and the vehicle shall not be operated upon the highways unless and until the person entitled to possession of such vehicle shall apply for and obtain the registration thereof”. There is one allowance for moving it: it may be driven by the person entitled to possession or their legal representative “for a distance not exceeding seventy-five miles upon displaying upon such vehicle the registration plates issued to the former owner”.Source 4
Then the proviso, which is easy to read straight past and is worth real money: “Provided, That the commissioner is authorized to transfer the plates and registration of a deceased person to his legal heir or legatee without payment of any fee and the legal heir or legatee may keep and use the same license plate until it regularly expires.”Source 4
The Legal Heir Affidavit says the same thing from the counter's side and attaches the condition: license plates are transferable from the decedent to legal heirs, but a valid certificate of insurance in the new owner's name is required to register the vehicle. Insurance, not a fee, is what gates the plate.Source 3
The gift affidavit, and the three relationships that skip it
The Division's charges are published together: a title fee of $15, “a 6% titling sales tax on vehicles with a net purchase price over $500 (or a flat $30.00 if the net price is under $500), a $10.00 lien recording fee (if applicable), and appropriate registration or transfer fees.”Source 2
Where a vehicle changes hands for nothing — which is what an inheritance passed on to somebody else usually is — the Division wants form DMV-5-TR, the Affidavit of Transfer of Ownership Without Consideration, “signed by both buyer and seller and submitted alongside the title.” The exemption from it is narrow and the relationships are named: “Per WV Code §17A-3-4(2), a gift affidavit is not required if a vehicle is titled in West Virginia and is being transferred strictly between parent and child, child and parent, or spouse and spouse .”Source 2
A sibling, a grandchild, a niece or a nephew is outside that list. The Division states the consequence: “Relationships outside of these specific parameters require the affidavit, or sales tax will automatically be assessed against the full book value of the vehicle.”Source 2
And a loan defeats the exemption altogether: “If a lien is recorded on the new owner's title, the transfer is not exempt from sales tax; tax will be calculated at 6% of the recorded lien amount.” The Division also rejects applications that state a purchase price on the title sheet and attach a conflicting gift affidavit.Source 2
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.
Legal Heir Affidavit
No will, nobody appointed, and every other heir signs a relinquishment on the same form.
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First
Check both conditions on the form's face
The form is only to be completed where no administrator or administratrix has been appointed and no will has been left. A will closes it even if nobody has probated it.
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First
Identify every legal heir and get their agreement
The affidavit rests on statutory descent and distribution and on the agreement of all other legal heirs, and those heirs sign a relinquishment on the same document.
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as soon as certificates are available
Order a certified copy of the death certificate
The form requires a copy of the death certificate to accompany it, and the Division asks for a certified copy.
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once everyone has agreed
Complete one form per pair of heirs
Two claimants and two relinquishing heirs fit on one DMV-185-TR. Beyond that, additional forms must be completed.
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with every signer present
Sign in front of a notary
The affidavit is subscribed and sworn. Alterations, erasures or whiteouts void the document, so print a fresh copy rather than correcting one.
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once notarized
File the title application with the Division
The affidavit stands in for the deceased owner's signature. Insurance in the new owner's name is what allows the vehicle to be registered.
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at the same visit
Ask for the plate to be transferred
The commissioner is authorized to transfer the plates and registration of a deceased person to a legal heir or legatee without payment of any fee, and the heir may keep the plate until it regularly expires.
Letters of appointment
A court has appointed an executor or administrator, and the Division wants the letters rather than the will.
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First
Obtain a certified copy of the letters of appointment
A certified copy of the court-issued letters for the executor or administrator is what the Division requires. It will not accept a raw copy of a will.
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once the letters are in hand
Assign the certificate of title
The appointed person signs on behalf of the estate. Where the certificate cannot be found and a lien is on file, a formal release from the original lender is needed before a duplicate can be printed.
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before filing
Decide whether the gift affidavit is required
A transfer for no consideration needs form DMV-5-TR unless it is strictly between parent and child, child and parent, or spouse and spouse. A recorded lien defeats the exemption.
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once the paperwork is complete
File the application, with insurance in the new owner's name
The registration expires when ownership passes by operation of law and the vehicle is not to be driven until the person entitled to possession obtains registration.
Surviving owner, names joined by OR
The survivor signs both halves of the assignment and takes a new title alone.
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First
Read the exact wording between the names
OR and AND/OR are grouped together in West Virginia: either owner may sign independently. AND is the other answer and requires two signatures.
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once the wording is confirmed
Sign as seller and complete the purchaser sections
The surviving owner completes the transfer independently, securing a new title in their name alone.
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before the vehicle is used
Apply for registration before driving it
Where title passes otherwise than by voluntary transfer the registration expires. The vehicle may be moved up to seventy-five miles on the former owner's plates and no further.
Surviving owner, names joined by AND
Two signatures — the survivor, and somebody with authority for the deceased owner's half.
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First
Confirm the conjunction is AND
Both owners must sign for a sale or transfer to be legally binding where the names are joined by AND.
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before assembling anything
Establish who signs for the person who died
The Division names an executor, an administrator, or a legal heir. Which is available depends on whether there is a will and whether a court has appointed anybody.
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before the notary appointment
Ask the Division before relying on the heir affidavit here
Form DMV-185-TR is drafted around a vehicle the deceased owned as the legally registered owner. Whether it serves on a jointly titled vehicle is not stated on the sources read here.
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once authority is settled
File with both signatures
The surviving owner signs, and the person with authority for the deceased owner's half signs alongside them.
Documents and forms
Each name below links to the official form or the agency page that issues it.
Needed on every path
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The certificate of title (opens in a new tab)
The certificate itself. Where it has been lost with a lien on file, a formal release from the original lender must be obtained before a duplicate can be printed. The statute's general rule on a transfer by operation of law asks for the last certificate of title 'if available'.
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Certificate of insurance in the new owner's name (opens in a new tab)
Plates are transferable from the decedent to legal heirs, but a valid certificate of insurance in the new owner's name is required to register the vehicle.
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Lien release from the original lender (opens in a new tab)
Only if yesNeeded before a duplicate title can be printed where a title is lost with a lien on file. The Division warns that its database is not updated when a lender signs a physical release, so the lien stays active on state records until a clear title application is processed.
Needed on some paths
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Certified copy of the death certificate (opens in a new tab)
Applies to No will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs tooJoined by AND — two signatures, and one of them is on behalf of the person who died
Form DMV-185-TR states in capitals that a copy of the death certificate must accompany the document, and the Division's guidance asks for a certified copy alongside the Legal Heir Affidavit.
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Form DMV-185-TR — Legal Heir Affidavit (opens in a new tab)
Only if noApplies to No will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs too
Completed only where no administrator or administratrix has been appointed and no will has been left. Holds two claimants and two relinquishing heirs; more heirs need additional forms. Notarized, and voided by any alteration, erasure or whiteout.
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Certified copy of the letters of appointment (opens in a new tab)
Only if yesApplies to Somebody has been appointed — the letters, certified, and not the will
Issued by the court to the executor or administrator. The Division requires a certified copy where a will exists, and states that it will not accept a raw copy of a will.
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Form DMV-5-TR — Affidavit of Transfer of Ownership Without Consideration (opens in a new tab)
Only in some situationsApplies to Somebody has been appointed — the letters, certified, and not the willNo will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs tooJoined by OR — the surviving owner completes the transfer alone
Required where ownership is transferred for no monetary or physical consideration, signed by both parties. Not required where the transfer is strictly between parent and child, child and parent, or spouse and spouse under section 17A-3-4(2).
Where and how to file
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In person
West Virginia Division of Motor Vehicles
Title work is filed with the Division. Bring the certificate of title, the document that establishes authority for the deceased owner's side — certified letters of appointment, or the notarized Legal Heir Affidavit with a certified copy of the death certificate — and proof of insurance in the new owner's name.Decide the gift question before you go. A transfer for no consideration needs form DMV-5-TR signed by both parties unless it is strictly between parent and child, child and parent, or spouse and spouse. An application that states a purchase price on the title sheet and attaches a conflicting gift affidavit is rejected.Ask about the plate at the same visit. The commissioner is authorized to transfer the plates and registration of a deceased person to a legal heir or legatee without payment of any fee.
Find an office (opens in a new tab)
Applies to every path
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In person
The clerk of the county commission, or the fiduciary supervisor for that county
Estates are opened through the county. Where a small estate is administered on affidavit under section 44-1A-2, the affidavit is tendered for recording to the clerk of the county commission — or the fiduciary supervisor of that clerk — for the county which would have jurisdiction over the probate.The original of any known will is attached to that affidavit and tendered for recording with it, so long as the will is in due and proper form for probate in West Virginia.The clerk or fiduciary supervisor reviews and inspects the affidavit, and records and indexes it where it is found to be in completed form.
Find an office (opens in a new tab)
Applies to Somebody has been appointed — the letters, certified, and not the will
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.
| Fee | Amount | Notes | Fee schedule |
|---|---|---|---|
| Title fee | Published by the agency | The Division's own figure. A duplicate certificate is charged at the same rate. | Current fee schedule (opens in a new tab) |
| Titling sales tax | Published by the agency | Six percent of the net purchase price where that price is over five hundred dollars, or a flat thirty dollars where it is under. A transfer for no consideration avoids it only with the gift affidavit or one of the three named relationships — and a recorded lien is taxed at six percent of the lien amount regardless. | Current fee schedule (opens in a new tab) |
| Lien recording fee | Published by the agency | Ten dollars, where a lien is being recorded on the new title. | Current fee schedule (opens in a new tab) |
| Transferring the plate to a legal heir or legatee | Published by the agency | Without payment of any fee. The commissioner is authorized to transfer the plates and registration of a deceased person to a legal heir or legatee, who may keep and use the plate until it regularly expires. | Current fee schedule (opens in a new tab) |
After you file
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The old registration is already gone. Where title or interest passes otherwise than by voluntary transfer, section 17A-4-5 expires the registration and the vehicle is not to be operated on the highways until the person entitled to possession applies for and obtains registration.There is one allowance for moving it in the meantime: the person entitled to possession, or their legal representative, may drive it up to seventy-five miles on the plates issued to the former owner.
Applies to every path
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The plate can follow the vehicle at no cost. The commissioner is authorized to transfer the plates and registration of a deceased person to a legal heir or legatee without payment of any fee, and the heir may keep and use the same plate until it regularly expires.Insurance is the condition. A valid certificate of insurance in the new owner's name is required to register the vehicle.
Applies to No will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs tooSomebody has been appointed — the letters, certified, and not the will
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A lien does not disappear from the state record on its own. The Division warns that its database is not electronically updated when a lender signs a physical release, so a lien remains active on state records until a clear title application is processed.Check the new certificate when it arrives. If a lienholder is still printed on it after a loan that was paid off, that is the process this warning is describing.
Applies to every path
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Where the vehicle was passed on for nothing and the gift affidavit was not filed, and the parties are outside the parent, child and spouse relationships, sales tax is assessed against the full book value of the vehicle.The Division attaches penalties to a false gift declaration that reach beyond the transaction: revocation, suspension or cancellation of all driver's licenses, registrations and permits issued in the names of both buyer and seller.
Applies to Somebody has been appointed — the letters, certified, and not the willNo will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs too
Official links you'll need
Every link goes directly to the issuing agency and opens in a new tab.
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Form DMV-185-TR — Legal Heir Affidavit (opens in a new tab)
Applies to No will and nobody appointed — the Legal Heir Affidavit, signed by the other heirs too
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The Division's titling guidance, including what it requires when a registrant dies (opens in a new tab)
Applies to every path
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Title fee, titling sales tax and lien recording fee (opens in a new tab)
Applies to every path
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W. Va. Code § 17A-4-5 — transfer by operation of law (opens in a new tab)
Applies to every path
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W. Va. Code § 44-1A-2 — small estate upon affidavit, without appointment (opens in a new tab)
Applies to Somebody has been appointed — the letters, certified, and not the will
If your situation doesn't fit one of these paths
Common complications, and what each one changes.
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There is a will, but nobody has been to court
This is the case West Virginia's two published routes do not meet. The Legal Heir Affidavit is only to be completed where no will has been left by the decedent, and the probated-estate route requires a certified copy of court-issued letters of appointment that nobody has obtained.
The Small Estate Act contemplates the family: section 44-1A-2 administers a small estate on affidavit and without the appointment of a personal representative, and its affidavit expressly attaches the original of any known will. What is not established is whether the Division accepts that recorded affidavit for a title, so ask before assuming it.Source 1Source 3Source 5
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There are more than two heirs
Form DMV-185-TR holds two claimants and two relinquishing heirs. The form says what to do beyond that: for more than two heirs, additional DMV-185-TR forms must be completed.
Every one of them is signing the same thing — that they have freely and knowingly relinquished all rights and claims to the vehicle to the named claimants.Source 3
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Somebody crossed out a line on the affidavit
Print a fresh copy. The form carries the rule in capitals: any alterations, erasures or whiteouts will void the document.
Because it is notarized, that means reassembling the signers as well — which is a reason to check every name and address before anybody signs.Source 3
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The loan was paid off years ago and a lienholder is still on the title
The Division explains why: its database is not electronically updated when a lender signs a physical release, so the lien remains active on state records until a clear title application is processed.
It matters twice over here. A title lost while a lien is on file needs a formal release from the original lender before a duplicate can be printed, and a lien recorded on the new owner's title makes even a gift taxable — at six percent of the recorded lien amount.Source 1Source 2
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The car is going to a brother, a sister or a grandchild
The exemption from the gift affidavit is drawn around three relationships: parent and child, child and parent, and spouse and spouse. The Division states that relationships outside those specific parameters require the affidavit.
So form DMV-5-TR, signed by both parties, is what keeps the transfer untaxed — otherwise sales tax is assessed against the full book value of the vehicle.Source 2
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The car needs to be moved before any of this is finished
Section 17A-4-5 expires the registration when ownership passes by operation of law, and says the vehicle shall not be operated on the highways until the person entitled to possession applies for and obtains registration.
The one allowance is short and specific: the person entitled to possession, or their legal representative, may drive it for a distance not exceeding seventy-five miles on the plates issued to the former owner. That is enough to get it home or to a garage, and not enough to keep using it.Source 4
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Two names joined by AND, and the survivor assumed the car was theirs
It is not, for signing purposes. Where the names are joined by AND, two signatures are required: the surviving owner signs, and an executor, administrator, or legal heir must sign on behalf of the deceased.
That turns a joint title into the same question a sole-owner estate faces. Whether the Legal Heir Affidavit can supply the second signature here is not stated on the sources read — the form is drafted around a vehicle the deceased owned as the legally registered owner.Source 1Source 3
Questions people ask about this
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We have the will. Isn't that enough for the DMV?
No. The Division says it plainly: where a will exists, a certified copy of the court-issued letters of appointment for the executor or administrator must be attached, and the division will not accept a raw copy of a will.The will decides who inherits. The letters prove who may sign. The Division is checking the second question, not the first.Source 1 -
How long do we have to wait before using the small estate affidavit?
It depends on who is signing it. Where the successor is nominated as personal representative or executor under the will, at least thirty days must have elapsed since the death. Where they are not, at least sixty days.The longer route carries an extra condition as well: no affidavit of small estate may already have been filed by a successor who was nominated under the will. In both cases no application for the appointment of a personal representative may be pending or granted in any jurisdiction.Source 5 -
The title says one name AND another. Does the car pass to the survivor?
Not for signing purposes. Where the names are joined by AND, two signatures are required — the surviving owner signs, and an executor, administrator, or legal heir must sign on behalf of the deceased.Where they are joined by OR, or by AND/OR, the surviving owner can complete the transfer independently, signing the back of the title as the seller and executing the purchaser sections to secure a new title in their name alone.Source 1 -
Do the other heirs really have to sign?
Yes. The claimant swears that they have been designated as new owner and assignee pursuant to statutory descent and distribution and by agreement of all other legal heirs — and the form then has those heirs acknowledge, in their own signatures, that they have freely and knowingly relinquished all rights and claims to the vehicle.For more than two heirs, additional DMV-185-TR forms must be completed.Source 3 -
Do we have to buy a new plate?
Not where the vehicle is going to a legal heir or legatee. The commissioner is authorized to transfer the plates and registration of a deceased person to a legal heir or legatee without payment of any fee, and the heir may keep and use the same plate until it regularly expires.The vehicle still has to be insured in the new owner's name before it can be registered.Source 4Source 3 -
It was a gift. Why is there sales tax?
Two reasons show up most often. The gift affidavit, form DMV-5-TR, was not filed and the parties are outside the three exempt relationships — parent and child, child and parent, spouse and spouse — in which case tax is assessed against the full book value.Or there is a loan. Where a lien is recorded on the new owner's title the transfer is not exempt, and tax is calculated at six percent of the recorded lien amount.Source 2 -
We can't find the certificate of title
Section 17A-4-5 asks for the last certificate of title 'if available', together with such instruments or documents of authority, or certified copies of them, as may be sufficient or required by law to evidence a transfer of title in such a case. A missing certificate is not automatically the end of the route.Where a lien is on file, though, the Division requires a formal release from the original lender before a duplicate can be printed.Source 4Source 1
What the terms mean
6 terms used on this page, defined from the statute
- Legal Heir Affidavit
- West Virginia form DMV-185-TR. Completed only where no administrator or administratrix has been appointed and no will has been left by the decedent. The claimant deposes that they are the legal heir of the decedent as the legally registered owner of the vehicle and have been designated as new owner and assignee pursuant to statutory descent and distribution and by agreement of all other legal heirs; the remaining heirs sign a relinquishment on the same form. Notarized, accompanied by a copy of the death certificate, and voided by any alteration, erasure or whiteout. form DMV-185-TR
- Letters of appointment
- The document a court issues to an executor or administrator, evidencing authority to act for the estate. West Virginia's Division of Motor Vehicles requires a certified copy where a will exists, and states that it will not accept a raw copy of the will itself. West Virginia DMV — titles
- Small estate administered upon affidavit
- The route in W. Va. Code § 44-1A-2 for a decedent who owned no probate real property and whose entire personal probate estate, wherever located, does not exceed the statutory ceiling. The affidavit is made on oath and under penalty of perjury and tendered for recording to the clerk of the county commission, or that clerk's fiduciary supervisor, for the county which would have jurisdiction over the probate. Thirty days must have elapsed where the successor is nominated as personal representative or executor under the will; sixty where they are not. W. Va. Code § 44-1A-2
- Authorized successor
- The person to whom a decedent's small assets may be paid or delivered under West Virginia's Small Estate Act, once the affidavit has been recorded. The affiant undertakes to administer the small assets faithfully and to pay or deliver them to the successors entitled, after paying any known or ascertainable creditors of the decedent. W. Va. Code § 44-1A-2
- Transfer by operation of law
- Where the title or interest of an owner in a registered vehicle passes otherwise than by voluntary transfer. Under W. Va. Code § 17A-4-5 the registration expires and the vehicle is not to be operated until the person entitled to possession obtains registration, save for a distance not exceeding seventy-five miles on the former owner's plates. The commissioner may transfer the plates and registration to a legal heir or legatee without payment of any fee. W. Va. Code § 17A-4-5
- Affidavit of Transfer of Ownership Without Consideration
- West Virginia form DMV-5-TR, required where ownership of a vehicle is transferred for no monetary or physical consideration and signed by both buyer and seller. Under W. Va. Code § 17A-3-4(2) it is not required where a West Virginia titled vehicle is transferred strictly between parent and child, child and parent, or spouse and spouse. West Virginia DMV — titles
Still not sure which path is yours?
Prefer a guided path?
Answer a few questions about the title and the estate to find the transfer path that applies.
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. All are West Virginia state publications: the Division of Motor Vehicles' own guidance and forms, and the West Virginia Code as published by the Legislature.
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West Virginia DMV — Titles, when a registrant dies (opens in a new tab)
What the Division requires when a registrant dies — the four ownership cases, the rule that a certified copy of the letters of appointment is required and a copy of the will is not accepted, and the effect of the conjunction between two owners' names.
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West Virginia DMV — Titles, fees and gift transactions (opens in a new tab)
The title fee, the six percent titling sales tax, the lien recording fee, form DMV-5-TR and the parent, child and spouse exemption under section 17A-3-4(2).
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West Virginia DMV — form DMV-185-TR, Legal Heir Affidavit (opens in a new tab)
The two conditions on the form's face, what the claimant deposes, the relinquishment the other heirs sign, the death certificate requirement, and the note that additional forms are needed beyond two heirs.
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W. Va. Code § 17A-4-5 — transfer by operation of law (opens in a new tab)
Transfer by operation of law: the registration expires, the seventy-five mile allowance on the former owner's plates, the free transfer of the plates and registration to a legal heir or legatee, and what the new owner presents.
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Administration of a small estate upon affidavit and without appointment: the no-real-property condition, the ceiling on the personal probate estate, the two waiting periods, and recording with the clerk of the county commission.
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? (opens in a new tab)