How to Fill Out Alabama Form MVT 5-6: Next of Kin Affidavit

Alabama Form MVT 5-6, the Next of Kin Affidavit, lets an heir transfer or replace the title on a deceased person’s vehicle without opening probate. You complete the one-page sworn affidavit, bring it to your county licensing office with a copy of the death certificate, the existing certificate of title, a title application, and the $16.50 title fee, and the state reissues the title or transfers it to the new owner. The whole process depends on one condition: the estate has not been probated and will not be probated. If probate is open or planned, this form does not apply and the executor or administrator handles the transfer with letters testamentary or letters of administration instead.¹

When the Affidavit Is the Right Form

Alabama Administrative Code 810-5-75-.09 lets the next of kin step into the role of seller on behalf of the deceased owner’s estate when no probate case exists. Small estates where the vehicle is the main asset and no creditor disputes are pending often qualify. The same affidavit works in three situations: you need a replacement title issued in the deceased owner’s name (useful when the original title is lost), you want to transfer ownership directly to a new owner, or the deceased bought a vehicle but died before an Alabama title was ever issued in their name.¹

By signing MVT 5-6, you certify under penalty of perjury that you are an heir, that the estate does not require probate, and that all heirs agree to the action you have selected.² You are speaking for every heir, not just yourself. Confirm with the probate court in the county where the deceased lived that no proceedings have been opened before you file.

What to Bring to the County Office

The affidavit alone will not get the title moved. Assemble the full packet first:

The completed MVT 5-6, downloadable from the Alabama Department of Revenue website.³
A copy of the death certificate for the person named as owner on the title. The rule does not specify whether it must be certified, so bringing a certified copy avoids questions at the counter.⁴
The existing certificate of title. For a transfer, the next of kin signs the back of the title in the seller field on behalf of the estate.¹
A title application, which the county office processes with the affidavit.
$16.50 in fees: a $15 state title charge plus a $1.50 agent commission retained by the county.⁵

One restriction catches people off guard: a power of attorney cannot substitute for the heir’s signature. Because MVT 5-6 is a sworn affidavit, the actual next of kin must sign it in person. No representative can sign for them.¹

How to Fill Out the Affidavit

Pull out the existing certificate of title before you start. The VIN and title number printed there are what you enter on the MVT 5-6, along with the vehicle’s year, make, and model.

Enter the deceased owner’s full name exactly as it appears on the certificate of title, plus their last known street address, city, state, and ZIP. Check one of the two boxes: replacement title in the deceased owner’s name, or transfer of ownership to a new owner. If the original title has been lost, you check the replacement box first; the transfer cannot happen until a clean title exists.

Sign and date the form, and print your name clearly beneath the signature.

If you are transferring the vehicle, turn the existing title over and complete the assignment section on the back. Sign as the seller on behalf of the estate. The buyer section is filled in by whoever is receiving the vehicle, who may be you or another heir. Your signature on the back of the title should match your printed name on the MVT 5-6 exactly.

Where to File

Take the packet to your local county licensing official. In most Alabama counties, that is the probate judge’s office or the county revenue commissioner’s office.⁶ Pay the $16.50 fee. The office processes your application and forwards it to the Alabama Department of Revenue, which issues the new certificate of title.

If There Is a Lien on the Vehicle

A lien does not disappear when the owner dies. Alabama’s title rules require that an authorized representative of the lienholder either complete the application or supply a separate lien release before the title can be reissued or transferred. In practice, you contact the lender, settle the remaining balance, and obtain a written lien release before the county office can finish your paperwork. Without that release, the new title will still show the lien.

Common Reasons the Application Gets Rejected

Filing MVT 5-6 when the estate actually needs probate is the biggest problem. If creditors are contesting debts, if a will is being administered, or if a probate case has already been opened, the county office will refuse the affidavit and send you to the probate path. Check with the probate court before you fill anything out.

Forgetting the death certificate is the next most common delay. The form itself carries a printed reminder that a copy must accompany the affidavit.² Without it, you leave and come back.

Name mismatches cause rejections too. The deceased owner’s name on the affidavit has to match the title exactly. If the title reads “William T. Davis,” do not write “Bill Davis” on the form. The same precision applies to your own signature: use your full legal name, written the same way in every place it appears.

And if the heir who needs to sign cannot appear in person, there is no workaround through MVT 5-6. A power of attorney will not be accepted. The heir has to sign the sworn affidavit themselves.

1
Alabama Department of Revenue. Alabama Administrative Code 810-5-75-.09 – Transfer of Title For A Vehicle From A Deceased Owner
2
Blount County Revenue Commission. MVT 5-6 Next of Kin Affidavit
3
Alabama Department of Revenue. Next of Kin Affidavit
4
Alabama Department of Revenue. How Do I Apply for Title if the Owner Is Deceased
5
Alabama Legislature. Alabama Code Title 32 Chapter 8 Article 1 Section 32-8-6
6
Alabama Department of Revenue. Motor Vehicle