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 reads | Route after a death | Court involvement |
|---|---|---|
| Two names joined by “or”, or with survivorship | The survivor applies to have it retitled | None, usually |
| Two names joined by “and”, no survivorship wording | The deceased owner's share is part of the estate | Usually needed |
| A beneficiary recorded on the title | The named person applies on proof of death | None |
| Sole name, small estate | An affidavit, where the state offers one | None, usually |
| Sole name, above the threshold | Whoever is appointed transfers it | Yes |
| Sole name with an unreleased lien | The lien is released first, whatever the route | Depends 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