Sahvelo · Glossary

Certificate of title

The state-issued document that proves who owns a vehicle — and whose issuing state decides the procedure after a death.

What it means

A certificate of title is the paper (or, increasingly, the electronic record) a state issues to show who owns a vehicle and whether a lender has an interest in it.

It is not the registration. Registration is permission to use the vehicle on the road and is renewed; the title is the ownership record and changes only when ownership does.

Why it matters

The state printed at the top of the title decides which procedure applies after a death — not where the person lived, and not where the car is parked.

How the names are written on it decides almost everything else: one name, two names joined by 'or', two joined by 'and', or a name followed by a transfer-on-death designation all produce different routes.

When you are likely to meet it

  • When the motor vehicle agency asks for it and nobody can find it.
  • When it shows a lienholder and the lender still holds the document.
  • When the names on it do not match what the family expected.

How a vehicle was held, and the route that follows

What is printed on the title decides almost everything that follows.

How the title readsRoute after a deathCourt involvement
Two names joined by “or”, or with survivorshipThe survivor applies to have it retitledNone, usually
Two names joined by “and”, no survivorship wordingThe deceased owner's share is part of the estateUsually needed
A beneficiary recorded on the titleThe named person applies on proof of deathNone
Sole name, small estateAn affidavit, where the state offers oneNone, usually
Sole name, above the thresholdWhoever is appointed transfers itYes
Sole name with an unreleased lienThe lien is released first, whatever the routeDepends on the route

Thresholds, whether a beneficiary designation is available, and what wording creates survivorship are all set by state law. Sahvelo models the route state by state.

How this varies by state

Whether a state holds the title electronically, what it accepts in place of a lost one, and how long a survivor has to retitle all differ.

Below is how the states Sahvelo has published describe it, in their own words, each linked to the guide that sources it.

Delaware

Transfer-on-death certificate of title

A Delaware certificate naming the owner or owners followed in substance by the words 'transfer on death to' and a beneficiary, or 'TOD'. Under 21 Del. C. § 2304 ownership vests in the beneficiary on the death, subject to the rights of all lienholders; a trust may be the beneficiary; and the designation is not a testamentary disposition.

Primary source (opens in a new tab) 21 Del. C. § 2304

Florida

HSMV Form 82040 (Application for Certificate of Title)

The Florida Highway Safety and Motor Vehicles universal title application form. Required for any FL vehicle title transfer, including post-death transfers under JTWROS survivorship (§732.603), summary administration (§735.303 order), or formal administration (§733.302 letters). Available on flhsmv.gov.

Primary source (opens in a new tab) Fla. Stat. §319.41

Indiana

Electronic title

An Indiana certificate of title held as a record rather than printed. The Bureau's application says a certificate may be possessed in either printed or electronic form, that an electronic title is a digital representation serving as a replacement for a paper one, and — the part that surprises families — that if no selection is made, an electronic title will automatically be issued. A car titled since 1 July 2025 may therefore have no paper certificate at all.

Primary source (opens in a new tab) Indiana BMV Form 205

Nebraska

Transfer-on-death certificate of title

A Nebraska certificate carrying, after the owners' names, the words transfer on death to or the abbreviation TOD and a beneficiary — which may be a trustee, since a trust may be the beneficiary. The beneficiary has no interest until the death, the designation can be changed without their consent, and ownership vests automatically on the death subject to the rights of all lienholders.

Primary source (opens in a new tab) Neb. Rev. Stat. § 30-2715.01

New Jersey

Certificate of ownership

New Jersey's name for what most states call the title. On every route after a death it is signed and completed by whoever holds authority — the surviving co-owner, the executor, the administrator, or the person named in a Surrogate's affidavit.

Primary source (opens in a new tab) New Jersey Motor Vehicle Commission — transferring vehicle ownership

Oklahoma

Electronic title

Since 1 July 2025 all Oklahoma titles are issued electronically, with paper titles issued only by limited exception. Existing paper titles remain valid. Where an electronic title is involved, the evidence of ownership on a transfer is Form 718, the Bill of Sale of an Electronic Title, rather than an assigned paper certificate. Service Oklahoma says the transition does not increase costs and that standard fees remain the same.

Primary source (opens in a new tab) Service Oklahoma — vehicle titles

Sahvelo guidance that uses this

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