To transfer a car title when the owner is deceased in Indiana, the path depends on how the title was set up. A Transfer on Death (TOD) beneficiary named on the title claims the vehicle directly at a BMV branch. A surviving joint owner may take title automatically, depending on the wording. Without a TOD or joint owner, most families use a small estate affidavit if the estate is worth $100,000 or less; larger or contested estates go through probate. Whichever path applies, Indiana gives you 45 days to apply for a new title before a late penalty is added.1IN.gov. BMV: Titles: Buying and Selling a Vehicle
If the Title Has a Transfer on Death Beneficiary
This is the fastest route and it skips probate entirely. Indiana Code 9-17-3-9 lets a vehicle owner name one or more TOD beneficiaries directly on the certificate of title, with wording along the lines of “A.B. transfers on death to C.D.” The owner must have signed the title while alive for the designation to be valid.2Indiana General Assembly. Indiana Code 9-17-3-9 – Transfer on Death Conveyance; Requirements
A TOD designation is not testamentary, which means it operates independently of any will. Even if the will leaves the car to someone else, the person named on the title takes priority. That distinction matters when families disagree.
To claim the vehicle, the beneficiary goes to any BMV branch with two documents: the Indiana title containing the TOD designation and a copy of the death certificate. The BMV issues a new title in the beneficiary’s name.3IN.gov. BMV: Titles: Transfer on Death If the deceased owner lived in another state, the transfer follows that state’s rules, so check with your local branch before assuming Indiana’s process applies.
If the Title Names Two Owners
When two names appear on the title, the connecting word controls what happens next. Names joined by “or” generally allow either owner to act alone during life, and ownership typically passes to the surviving co-owner at death. Names joined by “and” require both signatures for any transfer, and the deceased owner’s share may need to pass through the estate rather than automatically to the survivor.
A surviving co-owner brings the existing title and a certified copy of the death certificate to the BMV to apply for a new title. If the language created a right of survivorship, the process is straightforward. If it didn’t, the deceased owner’s interest may have to move through a small estate affidavit or probate before the survivor can get a clean title.
Small Estate Affidavit
Most families without a TOD or joint title use this route. If the total value of the deceased person’s estate, minus liens and debts, does not exceed $100,000, an heir can transfer the vehicle with an affidavit instead of opening a probate case.4IN.gov. Small Estate Affidavit
Two conditions have to be met. At least 45 days must have passed since the date of death, and no one can have filed to open a probate estate or been appointed personal representative. If either condition fails, the affidavit will not work.
For the vehicle itself, the BMV uses State Form 18733, the Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration.5IN.gov. Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration Bring the completed form, a certified copy of the death certificate, the existing title if you have it, and valid identification to a BMV branch.
Watch the timing. Because you have to wait 45 days after death to file, you are already near the 45-day title deadline the moment you become eligible. Plan to visit the BMV as soon as the waiting period ends.
Probate Transfer
Probate is the path when the estate exceeds $100,000, when a probate case has already been opened, or when heirs are disputing who gets the vehicle. A personal representative, called an executor if named in a will or an administrator if appointed by the court, manages the deceased person’s assets.
Once the court grants authority, the personal representative can transfer the title to the heir named in the will, or to the heir determined by Indiana’s intestate succession rules if there is no will. Bring the court-issued letters testamentary or letters of administration, the death certificate, and the existing title to the BMV.
Probate takes longer than the other paths and involves court filing fees and possible attorney costs. The timeline for the title transfer follows the court’s schedule rather than the 45-day BMV clock.
Who Inherits the Car When There Is No Will
If the deceased left no will, Indiana’s intestate succession rules decide who has the legal right to claim the vehicle. A surviving spouse receives half the estate if there is at least one child or grandchild, three-quarters if there are no children or grandchildren but a surviving parent, and the entire estate if there are no surviving children, grandchildren, or parents.6Indiana General Assembly. Indiana Code Title 29 – Probate These shares determine who signs at the BMV.
Fees, the Late Penalty, and Taxes
A new title costs $15. A speed title, which is processed faster, costs $25. Missing the 45-day application window adds a $30 administrative late penalty on top of the regular fee.7IN.gov. BMV Fee Chart If the registration is due, you will also pay the standard registration fee and annual vehicle excise tax.
Sales tax generally does not apply. Indiana’s gross retail tax reaches retail transactions, and an inheritance or TOD transfer is not a purchase. Indiana Code 6-2.5-5-15.5 also exempts title changes that add or remove a spouse, child, parent, grandparent, or sibling, which can matter when retitling a family member’s vehicle within the family.8Indiana General Assembly. Indiana Code 6-2.5-5-15.5 – Motor Vehicles; Intrafamilial Title Transfers
Federal estate tax almost never touches a vehicle transfer. The 2026 filing threshold is $15,000,000, so only estates above that face federal estate tax.9Internal Revenue Service. Estate Tax Indiana does not impose a separate state estate or inheritance tax.
Outstanding Loans and Liens
A TOD designation does not erase a lien. If money is still owed on the vehicle, the lender keeps its security interest and the BMV will not issue a clear title until the lien is satisfied. The beneficiary or heir can pay the balance off, refinance the loan in their own name, or let the lender repossess the car. When the loan balance is large, it is worth running the numbers before committing to the payments.
If estate debts exceed assets, the personal representative may have to sell the vehicle to pay creditors, and a beneficiary named in the will or on the title may receive nothing from it.
Odometer Disclosure
Federal law requires an odometer reading whenever a title changes hands, including these transfers. The person signing the title over, whether a TOD beneficiary, a personal representative, or an heir, records the current mileage and certifies whether it reflects the actual distance the vehicle has traveled. The BMV includes the disclosure as part of the title application.
Contesting a TOD Designation
A TOD beneficiary designation can be challenged, but it is uncommon. A family member who believes the owner was pressured into naming a particular beneficiary, or lacked the mental capacity to understand the designation, can ask a court to invalidate it. Courts weigh evidence of the owner’s state of mind, undue influence, and whether the owner understood what they were signing.
These challenges are expensive and uncertain. Because the owner had to sign the title in person, the designation carries significant weight, and winning requires compelling evidence rather than a belief about what the owner “would have wanted.”