Oregon DMV Inheritance Affidavit: Transferring a Vehicle Title After Death

A vehicle is often one of the first practical problems families face after a death in Oregon. The car needs to be insured, sold, or transferred to an heir — and you can't do any of those things until the title is legally transferred out of the decedent's name.

Oregon's approach to this depends on how the vehicle was titled and whether the estate is going through formal probate. For most small estates, the DMV Inheritance Affidavit (Form 735-516) is the right tool.

The Three Scenarios for Oregon Vehicle Title Transfer After Death

Scenario 1: Joint ownership with right of survivorship

If the vehicle was titled jointly and the title includes "or" between the owners (or includes explicit survivorship language), the surviving owner already owns the vehicle outright. To remove the deceased owner's name from the title:

• Complete an Application for Title and Registration
• Submit the original title
• Provide a certified copy of the death certificate
• Pay the title fee

Scenario 2: No survivorship rights, estate not in formal probate

This is where the Oregon DMV Inheritance Affidavit comes in. Form 735-516 allows heirs to transfer a vehicle title without a court order, as long as the estate is not being formally probated.

Scenario 3: Estate in formal probate

If the estate has been opened in Oregon Circuit Court, the personal representative uses their court-issued Letters Testamentary to transfer the vehicle. They submit the Letters Testamentary along with an Application for Title and Registration to the DMV.

How the Oregon DMV Inheritance Affidavit (Form 735-516) Works

Form 735-516 is an Inheritance Affidavit issued by the Oregon Department of Transportation Driver and Motor Vehicle Services (ODOT DMV). It is specifically designed for transferring vehicle ownership when there is no probate and no survivorship right on the title.

Who must sign: All legal heirs must be listed on the affidavit, and all must sign — swearing to release their interest in the vehicle to a designated new owner. If multiple heirs are involved and one heir is being designated as the new owner, all other heirs sign to confirm their consent.

Minor heirs: If any heir is a minor, their parent or legal guardian must sign on their behalf. The guardianship documentation must accompany the affidavit.

Notarization: The affidavit typically requires notarization. All signing heirs generally must notarize in the same session or provide individually notarized signatures.

Oregon DMV Title Transfer Fees

Title transfer fees in Oregon are set by ODOT and are specific to vehicle type:

Late fees apply: If you apply for a title transfer more than 30 days after the date of transfer of interest, Oregon assesses a late fee:

• 31–60 days late: $25 late fee
• More than 60 days late: $50 late fee

The clock starts from the date the vehicle transferred — in an inheritance context, that's typically the date of death. Plan to complete the title transfer within 30 days if possible.

Vehicle registration fees are charged separately and are tied to fuel efficiency. A standard vehicle achieving 0–19 MPG pays $126 for a two-year registration. High-efficiency vehicles (40+ MPG) pay $216. Electric vehicles pay $376.

What Documents to Bring to the DMV

To transfer a vehicle using Form 735-516, bring:

1. Completed and notarized Form 735-516 (Inheritance Affidavit)
2. Original vehicle title (or a lost title application if the title is missing)
3. Certified copy of the death certificate
4. Government-issued photo ID for the person receiving the title
5. Payment for title and registration fees

If the original title cannot be located, DMV regulations permit use of a Transitional Ownership Document (TOD) to perfect security interests within 30 days while the primary ownership document is being located.

When the Vehicle Is Part of the Simple Estate Affidavit

If the estate is using Oregon's Simple Estate Affidavit (small estate process), personal property — including vehicles — counts toward the $75,000 personal property cap. A vehicle worth $25,000 counts toward that limit.

For vehicles included in the Simple Estate Affidavit, the file-stamped court copy of the affidavit, combined with a certified death certificate, may be sufficient to compel the DMV to release the vehicle to the affiant. However, the Inheritance Affidavit (Form 735-516) is typically the DMV-specific form for non-probate vehicle transfers, and Oregon DMV offices may require it specifically.

If there's any doubt, call the nearest Oregon DMV Driver Licensing and Title office to confirm what they require in your specific situation before making the trip.

What to Do If the Vehicle Has a Lien

If the decedent had an outstanding auto loan, the lender holds a lien on the vehicle title. The estate must either:

• Pay off the outstanding loan balance and get a lien release from the lender, or
• Allow the lender to repossess the vehicle if the estate cannot satisfy the debt

The vehicle cannot be transferred to an heir until the lien is resolved. Contact the lender early in the estate settlement process to understand the payoff balance and options.

Vehicle transfers are one of many practical tasks in an Oregon estate. If you want a complete roadmap — covering DMV steps, probate court requirements, Medicaid notifications, and final distributions — the Oregon Estate Settlement Guide walks through the entire process from day one.

See more Oregon guides →