When a loved one dies, there are often difficulties that can arise in handling the estate of a deceased person. One of these challenges can include changing the name on the title of a vehicle. Here is a guide to figuring out how to transfer the name on a car title and what your best options are going forward.
If your name is on the title and is separated from the deceased’s name by an “or,” this signals that you owned the vehicle with the deceased as joint tenants with rights of survivorship. Thus, the title can be easily transferred by the DMV into the surviving individual’s name.
If your name is on the title to the jointly owned vehicle with the deceased’s name and is separated by an “and,” this means that you own the vehicle together with the deceased, and both signatures are required to transfer the title. Thus, if your name is separated by an “and” on the title or your name is not on the title at all, then you will have to go through the Probate Court in order to retitle the vehicle in your name.
Transferring Vehicle Title in South Carolina: Probate Court Order and DMV Requirements
In South Carolina, you will need an Order from the Probate Court in order to transfer the title of the vehicle to your name if you are not considered a surviving owner. A death certificate is also required for the probate court order.
In addition, the DMV requires the Application for Certificate of Title and Registration for Motor Vehicle or Manufactured Home/Mobile Home (Form 400) to be filled out as part of the title transfer process. If the original title is lost, you can request a new title.
These documents can be submitted at the local title office.
Hire an Experienced South Carolina Probate Attorney Today
If changing the name on a car title requires proceeding through the legal process of Probate Court, it is best to hire a probate attorney in South Carolina. The estate settlement process is crucial for streamlining the administration of the estate. Additionally, the vehicle can be transferred to a family member as part of the transfer process. Vehicles are considered personal property and are part of the estate. An attorney can help you transfer ownership and guide you through the Probate process and can help you create an estate plan so that you can have peace of mind knowing your loved ones will be taken care of. Call us today at (888) 748-5464 to schedule an appointment or fill out a contact form.
