What Happens If Two People Own a Car And One Dies in Virginia

When one of two owners named on a Virginia vehicle title dies, the process for transferring ownership depends on how the names appear on the title and whether survivorship rights are established. The surviving co-owner, estate executor, or designated beneficiary must take action to update the title and registration to reflect the current legal owner.

Determine How the Names Appear on the Virginia Car Title

Virginia law recognizes distinct forms of joint vehicle ownership, and the manner in which names appear on the title determines whether automatic survivorship rights exist. Under Virginia Code § 46.2-622, the conjunction or language used to separate co-owners' names on a vehicle title establishes the ownership structure and survivorship implications.

If the Title Shows Survivorship Language

A vehicle title listing the two owners' names, separated by the word "or," creates a joint tenancy with right of survivorship. Additionally, if the title contains language such as "or the survivor of them," the vehicle is held in survivorship. In any of these situations, upon the death of one owner, the surviving owner automatically inherits full ownership of the vehicle by operation of law, and no probate proceeding is required. The surviving owner's interest expands to encompass the deceased owner's share without court intervention or estate administration.

If the Title Does Not Show Survivorship Language

If the two owners' names are separated by the word "and" on the title, the vehicle is held as a tenancy in common or joint ownership without survivorship rights. In this circumstance, the deceased owner's share of the vehicle becomes part of the deceased owner's estate rather than automatically passing to the surviving co-owner. The transfer of the vehicle then depends on the terms of the deceased owner's will, the laws of intestate succession, or, if applicable, the procedures for small estates.

Virginia Car Title Rules After One Owner Dies

When one owner of a jointly titled vehicle dies, the Virginia Department of Motor Vehicles requires that the title and registration be updated to reflect the current legal ownership. The procedures and documentation required differ depending on whether the vehicle is held with survivorship rights, as a co-owner without survivorship, or whether the deceased owner designated a transfer-on-death beneficiary.

If the title shows survivorship language, the surviving co-owner is the sole legal owner as of the date of death. The surviving owner must apply to the DMV with a certified or notarized death certificate to remove the deceased owner's name from the title and register the vehicle in the surviving owner's name only. This process can be completed online through the DMV's substitute title procedure or at a DMV customer service center.

If the vehicle is titled as a co-owner without survivorship rights, or if the deceased owner's share becomes part of the estate, the vehicle cannot be transferred solely by the surviving co-owner. An executor or administrator must be involved, or the transfer must follow the procedures for non-probated estates. The title must be corrected through the estate process to reflect the new owner or owners as determined by the deceased owner's will, intestate succession, or small estate procedures.

Does a Car Go Through Probate in Virginia if One Owner Dies?

The answer depends on whether the vehicle is titled with survivorship rights or a transfer-on-death designation. If the title includes "or," "or the survivor," or contains language indicating survivorship, the vehicle passes directly to the surviving owner by operation of law and does not enter the probate estate. No probate proceeding is necessary.

If the vehicle is titled as a co-owner without survivorship rights, the deceased owner's share becomes part of the estate. However, Virginia law provides alternatives to formal probate under certain circumstances. If the deceased owner's entire personal probate estate has a value of $75,000 or less (as of the date of death), the vehicle may be transferred using a small estate affidavit without probate proceedings, provided at least 60 days have elapsed since the date of death, and no personal representative has been appointed. For vehicles valued at $35,000 or less, an even simpler procedure exists: any successor may obtain the vehicle without filing an affidavit, provided 60 days have passed, and no personal representative appointment is pending.

If no will exists and probate is not pursued, a co-owner without survivorship rights or an heir may transfer the title using the Authority to Transfer Virginia Title Certification (VSA 24), provided there has been no qualification of the deceased's estate and the estate representative confirms that the decedent's debts have been paid or will be satisfied from the sale proceeds.

How To Transfer a Car Title in Virginia After a Co-Owner Dies

Title transfer following the death of a co-owner must be completed through the Virginia Department of Motor Vehicles. The process varies depending on whether the surviving owner has automatic ownership rights or whether the vehicle passes through the estate.

General Process

For a surviving co-owner with automatic ownership rights, the process is straightforward. The surviving owner submits a certified or notarized copy of the death certificate, the current title, and payment of the appropriate fee. This can be completed online through the DMV's substitute title system or in person at a customer service center. The DMV cancels the registration and issues a new title and registration in the surviving owner's name only.

If the vehicle is held as a co-owner without survivorship rights and an executor or administrator has been appointed, the executor or administrator must provide the death certificate, the vehicle title, court-issued documents proving the appointment (such as letters testamentary or letters of administration), and payment of the required fees. The executor or administrator then submits these documents to the DMV for retitling in the new owner's name.

If no executor or administrator has been appointed and the vehicle is to be transferred to the surviving spouse, heir, or designated beneficiary, the transferee must provide a death certificate, the vehicle title, and one of the following: a copy of the will along with a completed Authority to Transfer Virginia Title Certification (VSA 24), or the completed VSA 24 alone if there is no will. If the deceased's estate qualifies as a small estate under Virginia law (personal probate estate value of $75,000 or less), an affidavit attesting to that fact may be submitted instead.

If the title is lost or damaged, an Application for Replacement and Substitute Titles (VSA 67) must be submitted along with the other required documents.

Applicable Fees

Virginia's title fees are assessed when a new or corrected title is issued following the death of a co-owner. The following table outlines the fees most commonly applicable:

Additionally, Virginia imposes a vehicle sales and use tax of 4.15% of the sales price with a minimum charge of $75.00 on most vehicle transfers. However, if the vehicle is transferred to a spouse, heir, or beneficiary under the deceased's will, the transfer is exempt from sales and use tax.

Surviving Spouse

Virginia law does not provide a separate surviving spouse exemption from title and registration fees when a co-owner dies. However, Virginia Code § 46.2-633 does recognize that a surviving spouse may be entitled to transfer the vehicle without probate if the estate qualifies under the small estate procedures. Additionally, the surviving spouse receives an exemption from sales and use tax when inheriting a vehicle, just as any other beneficiary or heir does.

Documents Needed to Transfer a Virginia Car Title After Death

The specific documents required for a title transfer following the death of a co-owner depend on whether the vehicle is held with survivorship rights, whether the deceased owner designated a transfer-on-death beneficiary, and whether an estate representative has been appointed.

Common Documents

The documents most frequently required include the following:

• A certified or notarized copy of the death certificate
• The original vehicle title
• Proof of address for the person transferring the title
• Payment of applicable fees
• If the title is lost or damaged, a completed Application for Replacement and Substitute Titles (VSA 67), which also saves $1 on the fee if requested online
• If an executor or administrator has been appointed, court-issued appointment documents (such as letters testamentary, letters of administration, or similar court order)
• If no executor or administrator has been appointed, a completed Authority to Transfer Virginia Title Certification (VSA 24) and either a copy of the deceased's will (if one exists) or an affidavit that the estate qualifies as a small estate under Virginia law (personal probate estate value of $75,000 or less)
• If the vehicle is owned by a deceased transfer-on-death beneficiary designee and the beneficiary has died, a copy of the beneficiary's death certificate as well
• If the vehicle has an outstanding loan, documentation from the lienholder

What if There Is a Loan on the Car?

If the vehicle has an outstanding loan and the lienholder holds the title, special procedures apply. The surviving co-owner or estate representative must address the lien when applying for a new title. If the loan is to remain in effect following the co-owner's death, the lienholder must be notified and may need to consent to the change in ownership or confirm that the loan will continue under the new owner's name.

If the loan is to be paid off as part of settling the estate, the lienholder must provide a lien release before a clear title can be issued. The surviving owner or estate representative should present all documents related to the vehicle and the lien to the DMV customer service center or submit them online so that the change in ownership and any lien release can be processed simultaneously.

If the surviving co-owner was not originally obligated on the loan, they may be required to refinance the vehicle or assume the debt as a condition of retaining ownership, depending on the lender's policy.

Contact Information

Virginia Department of Motor Vehicles
2300 West Broad Street, Richmond, Virginia 23269
Phone: (804) 497-7100
Official Website: Department of Motor Vehicles