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

When one co-owner of a vehicle dies in Missouri, the surviving owner's right to retain the vehicle and the process for updating the title depend on how the vehicle is titled and whether the deceased owner designated a beneficiary. Missouri law recognizes multiple ownership structures for jointly titled vehicles, each with distinct consequences at death. The default presumption favors joint tenancy with right of survivorship unless the owners specifically elect tenancy in common at the time of title application. The surviving owner or designated beneficiary must promptly transfer the title to reflect current legal ownership.

Determine How the Names Appear on the Missouri Car Title

Under Missouri law, the default ownership structure for a vehicle titled in two or more names is joint tenancy with right of survivorship, unless the application explicitly states otherwise at the time of titling.

If the Title Shows Survivorship Language

When a vehicle is titled in the names of multiple owners without a specific notation of "tenants in common," Missouri presumes joint tenancy with right of survivorship. Upon the death of one owner, the surviving owner or owners automatically receive full ownership of the vehicle by operation of law. The deceased owner's interest does not pass to their estate; it transfers directly to the survivor at the moment of death. The surviving owner may transfer the title to their name alone by submitting a death certificate and an Application for Title (Form 108) to a Missouri license office.

If the Title Shows Survivorship Language

If the application for title explicitly designates the ownership as tenants in common, Missouri honors that election. In a tenancy in common, each owner holds a separate, distinct share of the vehicle. Upon the death of one co-owner, that co-owner's share becomes part of their estate and does not automatically pass to the surviving co-owner. The vehicle cannot be transferred solely on the basis of the surviving co-owner's signature; probate or another legal procedure must establish who inherits the deceased owner's share.

Missouri Car Title Rules After One Owner Dies

Following a co-owner's death, Missouri law requires that the title be corrected to reflect current ownership. The specific procedure depends on how the vehicle was titled and whether a Transfer on Death (TOD) beneficiary designation exists.

Joint Tenancy with Right of Survivorship: When a vehicle is held in joint tenancy with right of survivorship (the default), the surviving owner becomes the sole titleholder without estate administration. The director of revenue issues a new certificate to the surviving owner upon proof of the other owner's death, surrender of the outstanding certificate, and payment of the title fee. The title transfer is automatic and not considered testamentary.

Transfer on Death (TOD) Beneficiary: If the deceased owner designated a TOD beneficiary on the title, the vehicle transfers directly to that beneficiary upon the owner's death. A TOD beneficiary has no rights to the vehicle during the owner's lifetime but acquires full ownership at the owner's death without probate. The beneficiary must provide proof of death and surrender the outstanding certificate to obtain a new title.

Tenancy in Common: When ownership is designated as tenancy in common, the deceased owner's share becomes part of their estate. If the estate is probated, the court order naming the inheritor must accompany the title application. If the estate is not probated, the surviving co-owner cannot automatically claim the deceased's share.

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

The need for probate depends on the title designation and other circumstances.

Joint Tenancy with Right of Survivorship: A vehicle held in joint tenancy with the right of survivorship bypasses probate entirely. The surviving owner receives full ownership directly, and title transfer requires only a death certificate and application fee.

Transfer on Death (TOD) Beneficiary: A vehicle with a TOD beneficiary designation transfers directly to the named beneficiary without probate. The transfer is not testamentary and occurs outside the estate process.

Surviving Spouse or Unmarried Minor Child (Limited Exception): Missouri provides a nonprobate procedure for surviving spouses and unmarried minor children. A surviving spouse or unmarried minor child (under age 18) may obtain title to one motor vehicle owned solely by the deceased without obtaining a probate order. This applies only to a single vehicle and requires completion of Affidavit to Establish Title to Exempt Property (Form 2305), submission of a death certificate, and payment of duplicate title and processing fees ($8.50 and $9.00). This procedure avoids full probate but is limited to one vehicle with no TOD designation.

Full Probate Required: When a vehicle is titled solely in the deceased's name, and no TOD beneficiary exists, the vehicle must pass through the estate's probate proceedings. The executor, administrator, or personal representative named in court documents must apply for title, presenting Letters of Administration, Letters Testamentary, or a Small Estate Certificate. The appropriate title and processing fees apply based on the vehicle type.

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

Title transfer applications are submitted to a local Missouri Department of Revenue license office or mailed to the Motor Vehicle Bureau central office. The specific documents and procedures depend on the ownership structure and the circumstances of the death.

General Process

The first step is to review the outstanding certificate of title to determine the ownership designation. If the title shows multiple owners without "tenants in common" notation, joint tenancy with right of survivorship is presumed. If "tenants in common" is marked, or if a TOD beneficiary is designated, that designation governs the transfer.

The applicant completes an Application for Missouri Title and License (Form 108) in the name of the surviving owner, designated beneficiary, or estate representative, depending on circumstances. The original certificate of title and a certified or official copy of the death certificate are submitted with the application.

For surviving spouses or unmarried minor children transferring a single vehicle without TOD designation, a notarized Affidavit to Establish Title to Exempt Property (Form 2305) must accompany the application, death certificate, and title.

For estates undergoing probate, a certified copy of the Letters of Administration, Letters Testamentary, or Small Estate Certificate issued by the probate court must be submitted with the application.

Once submitted to a license office, the Motor Vehicle Bureau processes the application. In-person license office applications are typically issued within 3 to 5 business days. The average turnaround for mail-in applications is 4 to 6 weeks.

Applicable Fees

All applicable taxes and fees must be paid at the time of application. Registrations are based on the vehicle's taxable horsepower, which is recorded on the title or the prior registration documents. Processing fees of $9.00 apply in addition to the registration fee.

Surviving Spouse

Missouri provides a special procedure for surviving spouses and unmarried minor children to title a single vehicle without full probate. A surviving spouse may apply for title to one motor vehicle that was titled solely in the deceased spouse's name without a probate court order. The spouse must submit an Application for Title (Form 108) in their name, the original title in the deceased's name, a certified death certificate, a notarized Affidavit to Establish Title to Exempt Property (Form 2305), and the $8.50 duplicate title fee and $9.00 processing fee. This procedure applies only to one vehicle and is not available if a TOD beneficiary was designated or if the vehicle was held jointly.

Documents Needed to Transfer a Missouri Car Title After Death

The documents required depend on the title designation, whether a TOD beneficiary exists, and whether the estate is being probated.

Common Documents

For all title transfers following death, an official or certified death certificate must be provided. The original or a copy of the current certificate of title is also required.

If the vehicle is held in joint tenancy with right of survivorship (default): The surviving owner submits an Application for Title (Form 108), the current title, and the death certificate. No probate documents or affidavits are necessary.

If a Transfer on Death (TOD) beneficiary is designated: The beneficiary or beneficiaries submit an Application for Title (Form 108), the current title, and the death certificate. No probate court order is required, as the transfer occurs by designation and statute.

If the surviving spouse or unmarried minor child claims one vehicle as exempt property: The applicant submits an Application for Title (Form 108) in their name, the original title in the deceased's name, a certified death certificate, and a notarized Affidavit to Establish Title to Exempt Property (Form 2305).

If the estate is being probated: The executor, administrator, or personal representative named in the probate court order submits an Application for Title (Form 108), the current title or a duplicate if lost, the certified copy of the Letters of Administration, Letters Testamentary, or Small Estate Certificate from the probate court, and the appropriate title ($17.50) and processing fees ($9.00). If the current title is lost, a duplicate must first be obtained in the estate's or the deceased person's name by submitting a notarized duplicate application.

For jointly owned vehicles that do not carry survivorship language: If the title explicitly designates tenancy in common, the surviving co-owner cannot transfer the title independently. The deceased co-owner's share must pass through the estate process, and probate court documentation is required.

What if There Is a Loan on the Car?

When a vehicle is financed with an outstanding lien recorded on the title, the lien information must be handled carefully during title transfer. The applicant should ensure that the lien holder's name and address on the title application match the information on the current certificate of title.

If the loan has been satisfied, the lienholder must provide a notarized lien release on official letterhead or submit a Notice of Lien, Lien Release, or Authorization to Add/Remove Name From Title (Form 4809). The lien release must include the year, make, vehicle identification number, lien release date, and the authorized agent's signature. This lien release must accompany the title application so that the new title is issued without lien information.

If the loan remains outstanding, the lienholder's interest will be reflected on the new title issued to the surviving owner or beneficiary. The lienholder may need to be notified of the ownership transfer, depending on the loan documents and lienholder preferences.

Contact Information

Missouri Department of Revenue, Motor Vehicle Bureau
301 West High Street, Room 370, Jefferson City, MO 65105-0100
Phone: (573) 526-3669
Official Website: Motor Vehicle Titling & Registration