How to Transfer a Car Title After Death in South Carolina

To transfer a car title after death in South Carolina, start by reading the existing title. If it lists a co-owner joined by “OR,” or names a Transfer on Death (TOD) beneficiary, the vehicle passes outside probate and the survivor can retitle it at the SCDMV with a death certificate, a completed Form 400, and the $15 title fee. If the deceased was the sole owner with no TOD beneficiary, the vehicle is an estate asset, and you’ll need authority from a South Carolina probate court — Letters Testamentary, Letters of Administration, or a small estate affidavit — before the SCDMV will issue a new title.

Check the Title First

The word connecting names on a South Carolina title decides everything. Owners joined by “OR” hold the vehicle as joint tenants with right of survivorship, and when one dies the vehicle belongs to the survivor automatically.¹ Owners joined by “AND” are tenants in common, and the deceased’s share becomes part of the estate. That share only moves through probate or a small estate affidavit.²

Look next for a TOD beneficiary. South Carolina lets vehicle owners name a beneficiary directly on the title. The beneficiary has no interest during the owner’s lifetime, but once every titled owner has died, ownership passes to the beneficiary by operation of law.¹ A surviving co-owner takes priority over a TOD beneficiary, so the beneficiary only steps in after all owners are gone. If more than one beneficiary is named, the vehicle must be titled to all of them in an “AND” relationship.

Both of these paths use the same short packet at the SCDMV: the existing title, a certified death certificate (one for each deceased owner, if there were two), a completed Form 400, and the $15 title fee.³ No probate paperwork is involved.

When You Have to Go Through Probate

If the deceased was the only name on the title and left no TOD beneficiary, the vehicle is estate property and someone has to be authorized by a probate court to sign it over.

With a Will

The court appoints the personal representative named in the will and issues Letters Testamentary. That document is what the SCDMV will accept as proof of authority to transfer the vehicle.

Without a Will

South Carolina’s intestacy rules decide who inherits, and the court appoints an administrator who receives Letters of Administration. The Letters carry the same weight at the SCDMV as Letters Testamentary.

The Small Estate Affidavit

South Carolina offers a shortcut when the deceased’s total probate property, after liens and debts, does not exceed $45,000.⁴ A successor can collect the vehicle using a small estate affidavit from the probate court instead of opening a full probate estate. The affidavit isn’t available until at least 30 days after the death, and the $45,000 ceiling covers all probate property combined, not just the car. At the SCDMV, the certified affidavit stands in for Letters Testamentary or Letters of Administration.

Documents to Bring to the SCDMV

For a probate-based transfer, plan to arrive with the following originals — the SCDMV will not accept photocopies of the title or court documents.

A certified death certificate. Since July 2024, these are issued by the South Carolina Department of Public Health, which took over vital records from DHEC. Only immediate family, their legal representatives, and people with a tangible property interest may obtain certified copies.⁵
The original vehicle title. If a lienholder is listed, you’ll need a lien release from that lender before the SCDMV will process the transfer.
Probate court authorization: Letters Testamentary, Letters of Administration, or a certified small estate affidavit.
A completed Form 400, the Application for Certificate of Title and Registration, with the box checked showing you received the vehicle as a legal heir, beneficiary, or distributee.⁶
The current odometer reading, recorded on Form 400. Vehicles of model year 2010 or older are generally exempt; newer vehicles require odometer disclosure for 20 years from the model year.²
Valid government-issued ID. If you don’t already have a South Carolina driver’s license or ID on file, you may also need to complete a Statement of Vehicle Operation in South Carolina (Form TI-006).⁷

If the Title Is Missing

Missing titles are common after a death. The SCDMV issues duplicate titles through its replacement process, which uses Form 400 and can be handled at a branch office or by mail.⁸ You will need your probate court documents to establish authority over the vehicle, plus the $15 title fee. Build in extra time; the replacement has to be resolved before the ownership transfer can go through.

At the SCDMV

Confirm the hours of the branch you plan to visit, since not every office handles every transaction. Present the full packet — certified death certificate, original title (or duplicate title application), probate authorization, completed Form 400 with the odometer reading, and your ID. The representative verifies the documents, collects the fees, and processes the transfer. You typically leave with temporary registration paperwork, and the new title arrives by mail within a few weeks.

A TOD transfer is shorter: title, certified death certificate, Form 400, and the $15 title fee, with no probate documents required.³

Fees, and the Heir Exemption on the IMF

The title fee is $15, or $35 for expedited processing (in person only). If you’re also registering the vehicle, most passenger cars are $40 biennially, with reduced rates at age 64 and older. Motorcycles and mopeds run $10 biennially. Electric vehicles carry a $120 surcharge on top of the base registration fee.⁹

The line item to watch is the Infrastructure Maintenance Fee (IMF), normally 5% of fair market value up to a $500 cap. South Carolina exempts vehicles transferred to a legal heir, legatee, distributee, or immediate family member from the IMF.¹⁰ If you’re inheriting through probate or a small estate affidavit, you should owe no IMF. If it’s charged in error, point the representative to the heir exemption.

Insurance in the Meantime

A vehicle isn’t uninsured the moment the owner dies, but coverage won’t hold forever. Insurers commonly extend a grace period after a policyholder’s death, often around 30 days, during which the existing policy stays in force. Call the insurance company promptly to report the death and ask about options: transferring the policy to a surviving spouse, adding the vehicle to your own policy, or writing a new policy once the title transfer is complete. Driving without active insurance is illegal in South Carolina no matter the circumstances, so if the transfer stretches past the grace period, make sure coverage is in place before anyone drives the car.

Tax Basis If You Plan to Sell

When you inherit a vehicle, your cost basis is generally its fair market value on the date of the owner’s death, not what the deceased originally paid.¹¹ Because most used cars depreciate, there’s usually little or no taxable gain if you sell soon after inheriting. Kelley Blue Book and NADA Guides are commonly used to establish fair market value at the date of death.¹² Even if you’re keeping the car, write down the date-of-death value now. Plans change, and that number is what protects you at tax time if you later sell.

1
South Carolina Legislature. South Carolina Code 62-6-401 – Transfer on Death
2
South Carolina Department of Motor Vehicles. Completing a Title and Registration Application Instructions Form 400 (IS)
3
South Carolina Department of Motor Vehicles. Application for Transfer on Death (Form TOD-1)
4
South Carolina Legislature. South Carolina Code 62-3-1201 – Collection of Personal Property by Affidavit
5
South Carolina Department of Public Health. Death Certificates
6
South Carolina Department of Motor Vehicles. Title and Registration Application Form 400
7
SCDMV. Titles
8
SCDMV. Replace a Title
9
SCDMV. Fees
10
South Carolina Legislature. South Carolina Code 56-3-627 – Infrastructure Maintenance Fee
11
Internal Revenue Service. Publication 551, Basis of Assets
12
Internal Revenue Service. Estate Tax