How to Transfer Car Title After Death of Owner in Massachusetts

To transfer a car title after the death of the owner in Massachusetts, you take one of three routes: a surviving spouse files an affidavit and skips probate entirely; an heir or beneficiary receives the vehicle through a court-appointed personal representative; or, for smaller estates, an interested person uses voluntary administration. Every route ends the same way, at an RMV Service Center with a $75 title fee.¹ Which one applies to you depends on whether you were married to the deceased, whether there’s a will, and how much the rest of the estate is worth.

One thing to know upfront: only a surviving spouse, a personal representative named in a will, or a court-appointed personal representative can walk into the RMV and transfer that title. A child, sibling, or friend of the deceased cannot do it directly. They must first go through probate or voluntary administration and get formal authority.²

Surviving Spouse Transfer

If you were married to the owner, Massachusetts law presumes the vehicle passes to you. Under Chapter 90D, Section 15A, a surviving spouse inherits the deceased’s interest in the vehicle without probate.³ This works whether or not there’s a will, as long as the will didn’t leave the vehicle to someone else.

You need four things:

A Registration and Title Application (RTA), filled out, stamped, and signed by a licensed Massachusetts insurance agent.
A completed Affidavit of Surviving Spouse, certifying the vehicle wasn’t left to someone else by will. You sign this under penalties of perjury, so confirm the will’s contents before filing.⁴
The death certificate.
The original certificate of title.

Bring everything to any RMV Service Center. The new title costs $75.

Transfer Through a Personal Representative

If you weren’t the spouse, or the will left the car to someone else, the vehicle goes through probate. Someone gets formally appointed by the probate court to manage the estate, and that person handles the title assignment.

When there’s a will, the person named as personal representative (executor) petitions the probate court for appointment. Once appointed, they sign the title over to whoever the will names. The new owner takes two documents to the RMV: a copy of the appointment of personal representative, and the decedent’s certificate of title assigned by the representative.²

When there’s no will, the court appoints a personal representative under Massachusetts intestacy rules, which prioritize the surviving spouse, then children, then other relatives. From there the RMV process is identical.

The personal representative does not need a separate court order specifically authorizing the vehicle transfer. The appointment itself carries authority to manage estate assets, including assigning the title. The RMV asks only for the appointment document.

Voluntary Administration for Smaller Estates

Massachusetts offers a simplified alternative to full probate called voluntary administration, and it can save real time and legal fees. Here’s the point that trips people up: the $25,000 threshold excludes the value of the car. An estate qualifies if the personal property other than the vehicle totals $25,000 or less, no matter what the car itself is worth.⁵

Voluntary administration works with or without a will, but several conditions must all be met:

The deceased was a Massachusetts resident at the time of death.
At least 30 days have passed since the date of death.
No other probate case or petition to appoint a personal representative is already pending.
The person filing is an “interested person” under Massachusetts law, such as a spouse, heir, or beneficiary.

You file an affidavit with the probate court showing your right to the estate assets. This avoids the full probate process and its costs.⁶

What to Bring to the RMV

Whichever path you take, the last step is an RMV Service Center. Massachusetts law requires that involuntary transfers, which include transfers after death, be submitted to the registrar promptly.⁷ You’ll need:

A Registration and Title Application, signed by the new owner and stamped by a licensed Massachusetts insurance agent.
The original certificate of title, assigned by the surviving spouse or personal representative.
A copy of the death certificate.
Proof of authority: the Affidavit of Surviving Spouse or a copy of the appointment of personal representative.
Proof of insurance, which the agent’s stamp on the RTA provides.

The title fee is $75.⁸

If You Can’t Find the Original Title

You can request a duplicate certificate of title from the RMV for $25, online or by mail. It typically takes up to 10 business days. If the deceased had a car loan, check with the lender first, because the bank may be holding the title. If the loan was paid off but the lien was never released, you’ll need a signed lien release on the lender’s letterhead before the RMV will issue the duplicate.⁹

Sales and Use Tax on an Inherited Vehicle

Massachusetts normally charges a 6.25% use tax on vehicle transfers.¹⁰ Vehicles transferred through an estate are exempt. The state exempts any motor vehicle transferred by intestacy, will, or otherwise to an heir, legatee, or other beneficiary.¹¹

Which form you use depends on your situation. A surviving spouse uses the Affidavit of Surviving Spouse and needs no separate tax form. An heir, legatee, or beneficiary receiving the vehicle through estate settlement files Form MVU-27.

The exemption covers the initial transfer from the estate. If you inherit the vehicle and later sell it, the buyer owes the standard 6.25% use tax on that sale.

If the Vehicle Has an Outstanding Loan

The lender’s interest doesn’t disappear when the borrower dies. Before the title can transfer cleanly, the personal representative usually has to do one of three things: pay off the balance from estate funds, negotiate a payoff, or have the heir who wants the car assume or refinance the loan.

If the lender repossesses the vehicle because the debt goes unpaid, Chapter 90D, Section 17 governs the involuntary transfer. The lender submits the last certificate of title, an application for a new certificate, and an affidavit confirming lawful repossession.⁷

If a debt collector contacts you about the loan, federal law limits who they can pursue and what they can say. Under the Fair Debt Collection Practices Act, collectors may communicate about the debt only with the spouse, parent (if the deceased was a minor), guardian, executor, administrator, or another person authorized to pay debts from estate assets, and they cannot imply that you’re personally responsible for the loan just because you’re related.¹²

Insurance While You’re Transferring the Title

The deceased’s auto policy doesn’t cancel automatically at death, but it doesn’t last forever either. The policy generally stays active while the estate is settled; contact the insurer in writing to confirm continued coverage during that period, since premiums may keep coming due until the policy is officially terminated.

Before you can register the vehicle in your name, you need your own active policy. A licensed Massachusetts insurance agent has to stamp and sign the RTA, and that stamp is your proof of coverage at the RMV.² Don’t drive the vehicle to the RMV without confirmed insurance. If you’re the surviving spouse and were already on the policy, the transition is usually simpler; call your insurer to update it and remove the deceased.

Odometer Disclosure

Federal law requires an odometer disclosure statement whenever a title changes hands, including after death. The transferor records current mileage, the date of transfer, and vehicle identifying information, and certifies whether the reading reflects actual mileage.¹³ Older vehicles are exempt: for model year 2010 or earlier, the exemption starts 10 years after the model year; for model year 2011 or later, it’s 20 years. Vehicles over 16,000 pounds and non-self-propelled vehicles are exempt regardless of age. False mileage information can result in fines and imprisonment.

Vehicles in a Trust or on a Lease

If the deceased placed the vehicle in a trust, the transfer bypasses probate. The trustee named in the trust document handles the title assignment under the trust’s terms and brings the trust documentation and the assigned title to the RMV.

If the deceased was leasing rather than owning, there’s no title to transfer. The lease has to be resolved with the leasing company, and the estate may owe remaining payments or early termination charges. One exception: if the deceased was an active-duty servicemember, the Servicemembers Civil Relief Act lets a spouse or dependent terminate a motor vehicle lease within one year of the servicemember’s death without paying an early termination charge. Payments owed before termination are prorated, and the lessee remains responsible for obligations like excess wear or mileage charges.¹⁴

1
Mass.gov. Apply for a Certificate of Title
2
Mass.gov. Surviving Spouse/Heirship/Inheritance
3
General Court of Massachusetts. Massachusetts General Laws Chapter 90D Section 15A
4
Mass.gov. Affidavit of Surviving Spouse
5
Mass.gov. Instructions for Voluntary Administration With or Without a Will (MPC 961)
6
Mass.gov. MUPC Estate Administration Procedural Guide – Voluntary Administration
7
General Court of Massachusetts. Massachusetts General Laws Chapter 90D Section 17
8
Mass.gov. Schedule of Fees
9
Mass.gov. Replace Your Vehicle’s Certificate of Title
10
Massachusetts Department of Revenue. Motor Vehicle and Trailer Sales and Use Tax
11
Mass.gov. Form MVU-27 Affidavit in Support of a Claim for Exemption From Sales or Use Tax for a Motor Vehicle Transferred by Intestacy, Will or Otherwise
12
Federal Register. Statement of Policy Regarding Communications in Connection With the Collection of Decedents’ Debts
13
eCFR. Part 580 – Odometer Disclosure Requirements
14
Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases