Michigan TR-40: How to Transfer a Car Title After Death

When a vehicle remains titled in a deceased person's name, a survivor may need to find out who can apply for a new title and what paperwork the Michigan Secretary of State needs. The TR-40 process is for vehicles that are not part of a probated estate, and it does not fit every situation.

The Michigan Secretary of State's TR-40 packet (TR-40a, TR-40b and TR-40c) provides forms for transferring an eligible deceased owner's vehicle to an heir or, with TR-40c, another person when the estate is not being probated.

The Statutory Basis: MCL 257.236

Under Michigan Vehicle Code MCL 257.236, the surviving spouse or an heir in the statutory order may apply through the Secretary of State if the deceased left no other property requiring court-issued letters under MCL 700.3103. The TR-40 packet is for vehicles that are not subject to a probated estate.

The TR-40a asks the heir to certify that the value of all vehicles owned by the deceased does not exceed the applicable limit. MCL 257.236 measures the limit using the date the title-transfer application is presented and sets amounts by calendar year:

• Through 2023: $60,000
• 2024 and 2025: $100,000
• 2026 and later: adjusted annually using a cost-of-living formula; the Michigan Department of Treasury certifies and publishes the applicable amount by September 1 of the prior year

If the deceased left other property requiring court-issued letters, or the total vehicle value exceeds the applicable limit, this TR-40 process may not apply. Ask the Secretary of State about the available title process for the situation.

The TR-40 Forms You Need

The Michigan Secretary of State's TR-40 packet is for vehicles outside a probated estate. Its instructions describe the forms this way:

TR-40a — Certification from the Heir to a Vehicle The surviving spouse or closest next-of-kin completes this form. If more than one heir is eligible to inherit the vehicle, each qualifying heir submits a TR-40a, which must be verified at a Secretary of State office. The form certifies that the estate is not being probated and will not be probated in the future, and that the total value of all vehicles owned by the deceased is within the applicable limit.

TR-40b — Certification of No Interest When multiple heirs have a right to the vehicle, each qualified heir who does not want it submits a TR-40b to give up their interest. The necessary TR-40b forms must be submitted with a corresponding TR-40a verified by the Secretary of State.

TR-40c — Certification of Ownership Transfer This form is used when the vehicle goes to someone other than the closest next-of-kin. One qualified heir completes it with the new owner's information, and it must be submitted with a corresponding TR-40a verified by the Secretary of State.

Step-by-Step: Going to the Secretary of State

1. Get a certified death certificate. The Secretary of State requires proof of the vehicle owner's death. See /blog/how-to-get-death-certificate-michigan for how to order certified copies.

2. Locate the vehicle title and check for a lien. The TR-40 instructions say to bring the current title if available; if it is lost, bring another document listing the vehicle's year, make and VIN/HIN/serial number. A lien must be released before transfer, and the packet requires a signed lien termination statement.

3. Complete the TR-40a form. Each eligible heir who will take ownership completes a form. The Secretary of State must verify each TR-40a at a branch office.

4. If multiple heirs have a right to the vehicle, each qualified heir who does not want it completes a TR-40b. Use TR-40c if the vehicle will go to someone other than the closest next-of-kin.

5. Bring to the SOS branch office:

   • The TR-40a form or forms, verified by the branch, and any applicable TR-40b or TR-40c forms
   • Current vehicle title, if available, or other proof of ownership if it is lost
   • Certified death certificate
   • Signed lien termination statement, if there is a lien
   • Current registration or license plate number
   • Photo ID for each heir completing TR-40a
   • Odometer disclosure statement, if required for the vehicle
   • Michigan no-fault insurance if the vehicle will be registered in Michigan

6. Ask about title and registration fees. Registration charges depend on the vehicle. The Secretary of State can confirm current amounts for the transaction.

7. Follow the branch's instructions for completing the title transfer. Ask the office about title issuance and timing.

Surviving Spouse vs. Next-of-Kin

The TR-40a identifies the surviving spouse or, if there is no spouse, the closest next-of-kin as the eligible heir. If more than one heir may have a right to the vehicle or the family's circumstances make that unclear, the Michigan Secretary of State recommends asking an attorney or probate court about the rights involved.

What If the Estate Is Being Probated?

The TR-40 packet is for a vehicle outside a probated estate. If the estate is being probated, the Michigan Secretary of State says the personal representative assigns the title and the new owner presents the signed title and a copy of the court's Letter of Authority.

Don't Miss the Bigger Picture

For a broader checklist of Michigan survivor-benefit and estate-settlement tasks, see the Michigan Survivor Benefits Navigator. This article provides general process information; it is not legal, tax, or medical advice and is not affiliated with the Michigan Department of State or any Michigan court.

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