Missouri Form 108: How to Transfer a Car Title After Death

You're standing at the Department of Revenue counter with a death certificate, and the clerk tells you that the vehicle title is still in the deceased's name. She hands you a stack of forms and says good luck. If you leave without understanding which form does what — and in what order — you'll make multiple trips, pay late penalties, and possibly miss a legal shortcut that would have let you skip probate entirely.

Here's exactly how vehicle title transfer works in Missouri after a death.

The Two Forms at the Center of Every Transfer

Missouri uses two forms from the Department of Revenue (DOR) for post-death vehicle transfers, and they serve different purposes.

Form 108 — Application for Missouri Title and License is the base form. Every vehicle title transfer in Missouri, regardless of the circumstances, goes through Form 108. It's the standard application that initiates a change of ownership in the DOR's system.

Form 2305 — Affidavit to Establish Title to Exempt Property is the Missouri-specific power play. This is the form that lets a surviving spouse or an unmarried minor child bypass probate entirely and claim one vehicle from the estate — even if the decedent died without a will, even if no probate proceeding has been opened. Form 2305 is a sworn, notarized statement confirming two things: (1) this is the only motor vehicle being claimed as exempt property from this estate, and (2) the surviving spouse was not legally separated from the decedent for more than one year before the date of death.

The DOR charges $8.50 for the title fee plus a $9.00 processing fee for this transaction. Bring exact documentation.

Three Ways Missouri Vehicle Titles Transfer After a Death

Which forms you need and what process you follow depends on how the vehicle's title was set up.

Path 1: Transfer on Death (TOD) Designation

If the decedent had a Transfer on Death beneficiary listed directly on the title, this is the cleanest scenario. The vehicle bypasses the probate court entirely and passes automatically to the named beneficiary upon death.

To complete the transfer, the TOD beneficiary needs to present the original title, a certified copy of the death certificate, and a completed Form 108 to the DOR. No court order required. No waiting period.

Path 2: The Form 2305 Exempt Property Shortcut

This is the option that most surviving spouses don't know they have. Under RSMo 474.250, Missouri law entitles the surviving spouse (or unmarried minor children if there is no spouse) to one automobile or passenger motor vehicle absolutely — with no dollar cap on the vehicle's value. The vehicle does not need to go through probate.

To use this shortcut, the surviving spouse submits:

• Completed Form 108 (Application for Missouri Title and License)
• Completed Form 2305 (Affidavit to Establish Title to Exempt Property), notarized
• Original certificate of title from the decedent's vehicle
• Certified copy of the death certificate

Form 2305 must be truthful about two things: that this is the only vehicle being claimed under the exempt property provision from this estate, and that the claimant was the lawful spouse and was not separated from the decedent for more than one year.

This path is significantly faster than waiting for probate court proceedings. The DOR processes the title directly, and the vehicle is retitled in the surviving spouse's name. Pay the $8.50 title fee and $9.00 processing fee. Done.

Path 3: Through the Probate Court

If neither TOD nor the exempt property shortcut applies — for example, the vehicle is claimed by an adult child who was not the surviving spouse, or the surviving spouse already used Form 2305 for another vehicle — the vehicle title transfer must go through the estate's probate process.

For estates at or below $40,000 net value (after liens and encumbrances), the executor or primary distributee can use the Small Estate Affidavit under RSMo 473.097, filed with the county Circuit Court Probate Division after a mandatory 30-day waiting period from the date of death. Once the court issues a certificate, that document serves as the authority to transfer the title.

For estates above $40,000, the personal representative will need Letters Testamentary or Letters of Administration from the probate court, which can then be presented to the DOR along with Form 108.

If a deceased co-owner needs to be removed from a title (or a satisfied lien needs to be cleared), Form 4809 — Notice of Lien / Authorization to Remove Name handles that piece.

The Late Penalty Most Families Don't Anticipate

Missouri charges a title penalty fee of $25 for every 30 days of delinquency, capped at $200, when the application for a certificate of ownership is delayed without legitimate cause. This clock starts running based on when ownership effectively transferred — not necessarily when you get around to it.

Families dealing with grief and estate administration often let vehicle title transfers slide. That's understandable, but $200 in penalties adds up fast, and it adds nothing to the estate. Move on vehicle transfers within the first 30 days wherever possible.

If you're settling a Missouri estate and need a step-by-step guide that walks through the full vehicle transfer process alongside bank accounts, real estate, creditor claims, and benefit notifications, the Missouri Estate Settlement Guide has the complete framework in one place.

Out-of-State Titles and Salvage Brands

If the decedent owned a vehicle with an out-of-state title, or if the vehicle carries a salvage brand, the DOR will require additional steps before issuing a clean Missouri title. The beneficiary must arrange for a physical inspection of the Vehicle Identification Number (VIN) and odometer by an authorized Missouri inspection station. The inspection generates a Vehicle Examination Certificate (Form 551), which must accompany the title application.

Do not attempt to transfer a salvage-branded or out-of-state-titled vehicle without calling the DOR first. Getting the sequence of inspections and lien releases wrong forces you to start over.

What to Bring to the DOR

For the most common scenario — surviving spouse claiming the vehicle under the exempt property provision — bring the following to the DOR or a contract license office:

1. Completed Form 108 (Application for Missouri Title and License)
2. Completed Form 2305 (Affidavit to Establish Title to Exempt Property), properly notarized
3. Original certificate of title in the decedent's name
4. Certified copy of the death certificate (not a photocopy — an embossed, certified copy)
5. Payment for fees ($8.50 title fee + $9.00 processing fee, plus any applicable sales or excise taxes)

If the title shows a lien that has been satisfied, bring the lien release documentation and Form 4809 as well. If you're not sure whether a lien is still active, contact the lienholder directly before visiting the DOR.

When to Call a Probate Attorney

Most surviving spouses navigating the Form 108 and Form 2305 process can handle it without legal representation. The DOR is a straightforward administrative process, not a court proceeding.

However, if the vehicle is part of a larger estate dispute — for example, there are multiple vehicles and a dispute among heirs about which ones qualify as exempt property — or if the vehicle has significant value and the estate is complex, it's worth getting legal advice before filing Form 2305. Once you file a sworn affidavit stating this is the only vehicle being claimed, you are legally bound to that representation.

For everything that comes after the vehicle transfer — bank accounts, probate court filings, creditor claims, real estate transfers, and final distribution — the full Missouri Estate Settlement Guide covers the complete sequence from the first 48 hours through closing the estate.

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