How to Transfer a Car Title After Death in Michigan

One of the first practical problems families face after a death in Michigan is figuring out what to do with the deceased person's vehicle. You need it, you may depend on it, but the title is in their name. Opening a full probate case just to transfer a car seems like a waste — and in most cases, it is.

Michigan law provides a direct pathway to transfer vehicle titles without probate, completely through the Secretary of State.

The Statutory Basis: MCL 257.236

Under Michigan Vehicle Code MCL 257.236, a surviving spouse or the closest next-of-kin can transfer a deceased owner's vehicle title directly at any Michigan Secretary of State branch office, bypassing the probate court entirely.

The combined total value of all vehicles being transferred this way must fall under the applicable limit:

• Through December 31, 2025: $100,000 total
• Starting January 1, 2026: the $100,000 limit becomes subject to annual cost-of-living adjustment (COLA), calculated using the U.S. Consumer Price Index and published annually by the Michigan Department of Treasury, rounded to the nearest $1,000

For most families, this limit is more than sufficient. A family with two vehicles worth $25,000 and $18,000 respectively — $43,000 combined — is well within the threshold and can transfer both directly at the SOS.

If the estate's vehicles are worth more than the applicable limit, you may still be able to use the SOS pathway for a subset of vehicles up to the limit, with any excess handled through probate.

The TR-40 Forms You Need

The Michigan Secretary of State uses a set of TR-40 forms for heir vehicle transfers. The specific form depends on who is claiming the vehicle:

TR-40a — Certification from the Heir to a Vehicle This is the primary form. The heir who is claiming the vehicle signs this form, swearing under oath that:

• The estate is not being formally probated (or is not required to be probated)
• The vehicle is being transferred to the heir
• The combined value of all vehicles being transferred outside probate doesn't exceed the applicable limit

TR-40b — Certification of No Interest This form is used when multiple heirs have equal legal standing under intestate succession (for example, three adult children after a parent dies with no surviving spouse). Each heir who is waiving their claim to the vehicle must sign TR-40b. Without these releases, the title path to the claiming heir isn't clear.

TR-40c — Transfer to a Purchaser If the vehicle is being sold directly to a third-party buyer rather than transferred to an heir, TR-40c is used alongside TR-40a.

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

1. Wait until you have a certified death certificate. The SOS will not process the transfer without one. See /blog/how-to-get-death-certificate-michigan for how to order certified copies quickly.

2. Locate the original vehicle title. The title must be free of all liens, or you must have a signed lien termination statement from the lender. If there's an outstanding auto loan, you need written confirmation from the lender that the loan has been satisfied or that they consent to the transfer.

3. Download and complete the TR-40a form (available at michigan.gov/sos). Fill it out completely and accurately. You will sign it at the SOS office.

4. If multiple heirs exist, coordinate TR-40b signatures from each heir who won't be taking the vehicle. This can be done before the SOS visit.

5. Bring to the SOS branch office:

   • Completed TR-40a (and TR-40b forms from other heirs, if applicable)
   • Original vehicle title
   • Certified death certificate
   • Your valid government-issued photo ID
   • Any lien termination documentation, if applicable

6. Pay the title transfer fees. Michigan charges standard title transfer and registration fees at the SOS. The exact amount varies based on the vehicle.

7. You'll leave with a new title in your name (or the heir's name), issued on the spot or mailed within a few weeks depending on the branch.

Surviving Spouse vs. Next-of-Kin

If you're the surviving spouse, the transfer is straightforward — you typically have priority as the closest heir and the greatest legal standing for the transfer.

If there is no surviving spouse and multiple children are heirs, the process requires coordinating TR-40b waivers from all heirs except the one claiming the vehicle. This is a family coordination issue, not a legal complexity — but it does require getting signatures from people who may be scattered geographically during a difficult time. Download the forms early and circulate them for signature before the SOS visit.

What If the Estate Is Being Probated?

If you decide to open a formal probate case (or are required to because the estate is too large for small estate procedures), vehicle transfers happen through the personal representative using Letters of Authority rather than the TR-40 process.

The TR-40 pathway specifically applies when you are bypassing probate. If a probate case is open, the personal representative handles all transfers through standard probate procedures.

Watercraft: A Parallel Exemption

A similar bypass exists for boats and watercraft. Under Michigan's Natural Resources and Environmental Protection Act (MCL 324.80312), watercraft with a total value under $100,000 can be transferred outside probate in a process comparable to the vehicle title transfer.

If the decedent owned a boat, check with the Michigan Department of Natural Resources for the current watercraft title transfer procedure.

Don't Miss the Bigger Picture

The vehicle transfer is one piece of a much larger asset triage process that needs to happen in the first two to four weeks after a death. Other non-probate transfers, the property tax affidavit, ORS pension notification, and Social Security claims all have their own deadlines running simultaneously.

The Michigan Survivor Benefits Navigator at /us/michigan/survivor-benefits/ has the complete sequence — every transfer type, every form, and the full deadline calendar — so you can track all of it in one place.

See more Michigan guides →