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

When one of two owners listed on a Utah vehicle title dies, the transfer of ownership depends on how the names appear on the title certificate and whether the surviving owner acquired the vehicle through survivorship rights or through probate or small estate procedures. The surviving owner or estate representative must complete the title transfer through the Motor Vehicle Division of the Utah State Tax Commission to reflect the current legal owner.

Determine How the Names Appear on the Utah Car Title

Ownership rights of a jointly titled vehicle in Utah are determined by the conjunction appearing between the co-owners' names on the certificate of title. Under Utah law regarding title conjunctions, the relationship designation affects both the ability to transfer the vehicle during the owners' lifetimes and the succession of ownership upon death.

If the Title Shows Survivorship Language

When two owners are connected by "or" on the Utah title, only one owner is required to sign any document in order to transfer or change the title. Upon the death of one owner, the surviving owner possesses the right to transfer the vehicle independently without requiring the participation or consent of the deceased owner's estate. The surviving owner may proceed directly to obtain a new title by presenting the appropriate documentation to the Motor Vehicle Division.

If the Title Does Not Show Survivorship Language

When two owners are joined by "and" on the Utah title, both owners must act jointly to transfer or change the title during their lifetimes. Upon the death of one owner, the vehicle does not automatically transfer to the surviving co-owner. The title represents the deceased owner's property interest in the estate. The surviving co-owner retains ownership of only their original share. Title transfer must occur through either the small estate affidavit procedure (if the deceased's total estate qualifies), formal probate administration, or inheritance rights procedures.

Utah Car Title Rules After One Owner Dies

Under Utah Code Section 75-3-1201, when a vehicle owner dies, the Motor Vehicle Division transfers title upon presentation of an affidavit and payment of required fees. The specific procedure available depends on the decedent's total estate value and whether the decedent had a will or was in pending probate proceedings. Utah requires that title records reflect the current legal owner, and 30 days must elapse following the owner's death before certain title transfer procedures may be initiated.

When one co-owner dies, and the surviving owner holds the title with "or" (individual signing authority), the surviving owner may apply for a new title by submitting appropriate documentation to the Motor Vehicle Division. When one co-owner dies, and the title is held with "and" (joint signing requirement), the vehicle becomes part of the deceased owner's estate unless the total estate qualifies for small estate collection procedures.

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

The answer depends on the deceased owner's total estate value and the vehicle's title.

A vehicle titled with "or" between co-owners does not require probate upon the death of one owner. The surviving owner holds an ownership interest that is not diminished by the other owner's death. The surviving owner may independently transfer the vehicle and obtain a new title by presenting the death certificate and completing the appropriate title application form to the Motor Vehicle Division.

When the deceased owner's vehicle is titled "and," it becomes part of the estate. If the entire estate subject to administration (excluding the vehicle itself) does not exceed $100,000 in value, and the deceased has no pending probate proceedings, Utah Code Section 75-3-1201 permits the successor to transfer title without formal probate administration. The successor must wait at least 30 days after the death, then submit a sworn affidavit to the Motor Vehicle Division stating that the estate qualifies for small estate collection procedures. The Motor Vehicle Division transfers title upon receipt of this affidavit and payment of the required fees. The Survivorship Affidavit (Form TC-569C) is the official document for this purpose.

If the deceased owner's total estate exceeds $100,000, or if a probate proceeding has been filed or is pending, the vehicle must be transferred through the probate process. A personal representative appointed by the court obtains Letters Testamentary or Letters of Administration, which must be presented to the Motor Vehicle Division along with an Application for Utah Title and Registration (Form TC-656) to transfer title to the estate, a beneficiary, or an heir.

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

Title transfer procedures are completed through the Motor Vehicle Division of the Utah State Tax Commission. Applicants may submit applications in person at a Motor Vehicle Division office or may use online services available through the Motor Vehicle Portal (MVP).

General Process

1. Obtain a certified copy of the deceased owner's death certificate from the vital records office.
2. Review the current Utah title to determine whether the co-owners' names are joined by "or" or "and."
3. If the title is joined by "or," the surviving owner should complete the Application for Utah Title and Registration (Form TC-656) in the surviving owner's name as the new primary owner. The surviving owner should select "Change of Ownership" as the application type.
4. If the title is joined by "and" and the small estate procedure applies (estate value under $100,000, no pending probate, at least 30 days elapsed since death), complete the Survivorship Affidavit (Form TC-569C). The affidavit must be notarized. Sign the affidavit and state that the vehicle is being transferred to the new owner shown on the form.
5. If the title is joined by "and" and the estate requires probate administration, obtain Letters Testamentary or Letters of Administration from the probate court. Complete the Application for Utah Title and Registration (Form TC-656), selecting "Change of Ownership" as the application type.
6. Gather the original title certificate, if available. If the title is lost or cannot be located, a duplicate may be obtained by submitting the Application for Utah Duplicate Title (Form TC-123) with a $6.00 fee.
7. If the vehicle has a recorded lien, provide evidence that the lienholder's interest has been satisfied, or provide the lienholder's name, address, and account information so the lien can be transferred to the new title if the loan remains outstanding.
8. Submit all completed documents, the title certificate, the death certificate, the $6.00 title fee, any applicable registration fees and taxes, and current proof of vehicle insurance to the Motor Vehicle Division in person or via the online Motor Vehicle Portal.

Applicable Fees

For a title transfer following the death of a co-owner, the fees most commonly applicable are:

Sales and use tax may also be due depending on the nature of the transfer. The Motor Vehicle Division provides a Fee Estimator tool that calculates the exact total cost for a specific vehicle based on its type, weight, and registration location.

Surviving Spouse

Utah law does not provide a separate or expedited title transfer procedure specifically for surviving spouses. A surviving spouse is treated the same as any other co-owner or heir for purposes of vehicle title transfer. If the surviving spouse is a co-owner with "or" on the title, the spouse may transfer the vehicle independently. If the vehicle is titled with "and" and the spouse is the sole heir or one of multiple heirs, the spouse may use the small estate affidavit procedure if the estate qualifies or may pursue probate administration if required.

Documents Needed to Transfer a Utah Car Title After Death

The exact documents required depend on the title conjunction ("and" or "or"), the total estate value, and whether probate proceedings have been initiated.

Common Documents

For all transfers:

• Certified or original copy of the death certificate
• Current Utah certificate of title (if available; if lost, a duplicate may be obtained with Application for Utah Duplicate Title (Form TC-123) and a $6.00 fee)
• Valid government-issued photo identification of the person to whom the title is being transferred
• Proof of current vehicle insurance
• Application form and required fees

If the title is joined by "or":

• Application for Utah Title and Registration (Form TC-656), completed and signed by the surviving owner, selecting "Change of Ownership" as the application type
• The $6.00 title transfer fee

If the title is joined by "and" and small estate procedures apply (estate value under $100,000, no pending probate, at least 30 days after death):

• Survivorship Affidavit (Form TC-569C), completed, signed, and notarized by the successor
• The $6.00 title transfer fee
• Current certificate of title or Application for Utah Duplicate Title (Form TC-123) if title is unavailable

If the title is joined by "and" and probate administration is required:

• Application for Utah Title and Registration (Form TC-656), completed and signed, selecting "Change of Ownership" as the application type
• Original or certified copy of Letters Testamentary or Letters of Administration from the probate court
• The $6.00 title transfer fee
• Current certificate of title or Application for Utah Duplicate Title (Form TC-123) if title is unavailable

If there is a recorded lien on the vehicle:

• Release of Lien or evidence that the loan has been paid in full, or the lienholder's name and account information if the loan remains outstanding

What if There Is a Loan on the Car?

If the vehicle has an outstanding loan recorded as a lien on the title at the time of the owner's death, the lienholder's interest must be addressed before a new title can be issued. The lienholder's name and the lien date appear on the current certificate of title.

If the loan is paid in full before or shortly after the owner's death, the lienholder must provide a Release of Lien or another document that satisfies the lien. This release document must be submitted to the Motor Vehicle Division with the title transfer application.

If the loan remains outstanding, the successor or new owner may continue making payments on the loan. The Motor Vehicle Division may issue a new title with the lienholder's name and lien information transferred to the new title document. The applicant should provide the lienholder's name, address, and account information on the title application form.

The lienholder has no claim to the vehicle upon the owner's death. The vehicle passes to the surviving owner (if titled with "or"), to the successor through small estate procedures (if titled with "and" and the estate qualifies), or to the estate's beneficiary or heir through probate administration (if titled with "and" and probate is required).

Contact Information

Utah State Tax Commission, Motor Vehicle Division
210 North 1950 West, Salt Lake City, UT 84116
Phone: (801) 297-7780 or 1-800-DMV-UTAH (1-800-368-8824)
Official Website: Motor Vehicle Division