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

When two people are named as owners on a Massachusetts vehicle title and one owner dies, the transfer of ownership depends on how the vehicle is registered, whether the surviving owner is a spouse, and the nature of the probate proceedings if applicable. Massachusetts law provides specific procedures for surviving spouses and for personal representatives of estates to transfer vehicle titles after death. The Registry of Motor Vehicles administers these transfers with streamlined procedures that prioritize surviving spouses.

Determine How the Names Appear on the Massachusetts Car Title

The manner in which owners' names appear on a Massachusetts certificate of title affects the transfer mechanism when a co-owner dies. Massachusetts recognizes distinct scenarios that determine whether the surviving owner acquires title automatically or whether probate proceedings become necessary.

If the Title Shows Survivorship Language

Under Massachusetts General Laws Chapter 90D, Section 15A, upon the death of a married resident owner of a motor vehicle registered as a pleasure vehicle in the Commonwealth, the vehicle is presumed to have been jointly held property with right of survivorship unless otherwise provided by a will. The interest of the deceased owner passes automatically to the surviving spouse without requiring probate proceedings.

If the Title Does Not Show Survivorship Language

If the vehicle title is held in a manner that does not provide for automatic survivorship, the vehicle interest becomes part of the decedent's probate estate. In this scenario, a court-appointed personal representative must be involved in the transfer process. The personal representative—whether named in a will as an executor or appointed by probate court as an administrator—holds the legal authority to transfer the vehicle to heirs or devisees.

Massachusetts Car Title Rules After One Owner Dies

Massachusetts law, as set forth in Section 15A of Chapter 90D, presumes that a motor vehicle held by spouses is joint property with survivorship unless the vehicle's owner has provided otherwise in a will. This presumption significantly streamlines the transfer process for surviving spouses.

When a surviving spouse acquires a vehicle through the presumption of joint ownership, no title fee is charged. A new certificate of title is issued upon application by the surviving spouse, accompanied by proof of the death and the previous title. If no certificate of title existed before death, a first certificate is issued to the surviving spouse upon application and payment of applicable fees.

The Registry of Motor Vehicles requires a sworn affidavit with the title change application, confirming that the vehicle has not been otherwise disposed of by will. Notice of the transfer is sent to any lienholder on record.

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

A vehicle jointly held by spouses does not require probate proceedings to transfer to the surviving spouse, as the vehicle is deemed to pass by operation of law. The surviving spouse avoids probate court proceedings and may obtain a new title through direct application to the Registry of Motor Vehicles.

If the vehicle was solely titled in the decedent's name or titled in a manner that does not provide for survivorship, the vehicle becomes part of the probate estate. A personal representative of the estate—either an executor named in the decedent's will or an administrator appointed by the probate court—must be appointed. The personal representative holds authority to transfer the vehicle to the heirs or devisees following probate proceedings.

Massachusetts allows for simplified procedures in certain circumstances. For estates of limited value or complexity, probate courts may authorize informal administration or small estate procedures, which may reduce the time and expense required to transfer a vehicle.

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

The process for transferring a Massachusetts vehicle title following the death of a co-owner requires submission of specific documents to any Registry of Motor Vehicles Service Center in person.

General Process

For a surviving spouse retaining ownership and continuing registration of a passenger vehicle or motorcycle, the process begins by completing the Application for Registration and Title and having it stamped by an authorized insurance agent. The surviving spouse must then present the decedent's certificate of title (properly assigned), the completed registration and title application, the Affidavit of Surviving Spouse, and a copy of the death certificate to an RMV Service Center.

For a surviving spouse retaining title but not registering the vehicle, the surviving spouse must submit the Application for Registration and Title (completed and signed), the decedent's certificate of title, the Affidavit of Surviving Spouse, and the death certificate copy.

If a surviving spouse is selling the vehicle to another party, the decedent's certificate of title (assigned by the surviving spouse to the purchaser), the Affidavit of Surviving Spouse, and a copy of the death certificate must be provided to the buyer, who will complete the registration and title transfer.

For transfers through a probated estate, the personal representative must provide a copy of the appointment as personal representative from the probate court and the decedent's certificate of title (properly assigned by the representative to the new owner).

For transfers from an estate where no will exists, a court-appointed personal representative must provide the copy of the appointment and the decedent's certificate of title properly assigned.

Applicable Fees

Massachusetts title and registration fees for vehicles transferred after the death of a co-owner are structured as follows:

Registration fees vary by vehicle class and plate type but generally apply when a new registration is issued.

Surviving Spouse

Under Massachusetts General Laws Chapter 90D, Section 15A, a surviving spouse of a deceased motor vehicle owner is exempted from the certificate of title fee when transferring the vehicle into the surviving spouse's sole name. This exemption applies when the vehicle was previously titled in both names and the surviving spouse submits proof of the death along with the required affidavit.

A surviving spouse must have been married to the deceased person at the time of death to qualify for this presumption of joint ownership and the associated exemption from title fees. Live-in companions and former spouses do not qualify under this provision.

The surviving spouse has the option to retain the existing registration plates on the vehicle or purchase new plates. If retaining existing plates, the surviving spouse must update the registration information to reflect sole ownership.

Documents Needed to Transfer a Massachusetts Car Title After Death

The precise documents required depend on whether the surviving owner is a spouse, whether an estate has been probated, and the vehicle's lien status.

Common Documents

The most commonly required documents for transferring a Massachusetts vehicle title after the death of a co-owner include the following:

• Certified copy of the death certificate
• Decedent's original certificate of title
• Application for Registration and Title (completed, signed, and stamped by insurance agent if registering)
• Affidavit of Surviving Spouse, if the surviving spouse is transferring the title
• Copy of appointment of personal representative (from probate court), if the estate is being probated
• Proof of relationship, if required
• Assignment of title by the appropriate party (surviving spouse or personal representative)
• Lien release or lienholder authorization letter, if applicable

For a surviving spouse not registering the vehicle but obtaining title only, an insurance company stamp is not required on the Application for Registration and Title.

What if There Is a Loan on the Car?

If a lienholder maintains a recorded security interest in the vehicle, the lienholder's information must match what appears on the current certificate of title during the transfer process. The applicant should present the title and all lien-related documents to the RMV Service Center so that both the ownership transfer and the lien status can be reviewed together.

If the lien is to remain on the vehicle after transfer, the lienholder must provide written authorization for the transfer. If the lien is to be released, the lienholder must provide a lien release document. Notice of the transfer is sent to any lienholder of record by the Registry of Motor Vehicles.

Contact Information

Massachusetts Registry of Motor Vehicles
136 Blackstone Street, Boston, MA 02109
Phone: (857) 368-8000
Official Website: Registry of Motor Vehicles