Oregon DMV Inheritance Affidavit: Heirs, Filing, and 10-Day Notice

The Oregon DMV inheritance affidavit, Form 735-516, lets heirs transfer a deceased owner’s vehicle title without opening probate. The process is governed by ORS 803.094, and the only eligibility condition is that the estate is not being probated and all known heirs sign the form before a notary.¹ Title fees run from $101 to $192 depending on fuel efficiency, and the DMV currently takes about two to three weeks to process a title.²

When You Can Use Form 735-516

Two conditions have to be met: the owner has died, and no probate case is open. If any heir or creditor has filed a probate petition in an Oregon circuit court, or if a personal representative has been appointed, the affidavit is off the table. It also cannot be used when the title is being transferred through a small estate proceeding under ORS 114.547.³

There is no dollar-value cap on the vehicle. Unlike Oregon’s small estate affidavit, which limits personal property to $75,000, the DMV inheritance affidavit works for a vehicle of any value, provided the estate stays out of probate.³ If the estate does end up in probate, the personal representative handles the vehicle transfer using letters testamentary or a decree of final distribution issued by the court.⁴

Who Counts as an Heir

Every known heir has to sign the affidavit. The DMV will not figure out the heirs for you; that is stated directly on the form.⁵ Heirs are determined under Oregon’s intestate succession rules in ORS Chapter 112, which apply even when the only asset at issue is a car.

The hierarchy: a surviving spouse inherits the entire estate if all of the deceased’s children are also children of that spouse, or if the deceased had no children. When the deceased had children from a different relationship, the spouse takes half and the children split the other half. With no surviving spouse, priority runs to descendants, then parents, then siblings, then grandparents and their descendants.⁶

Everyone at the same priority level must either sign the same affidavit or file separate affidavits that each name the same person as the new owner. If an heir is under 18, a parent or guardian signs on their behalf; a signing guardian must attach a copy of the guardianship paperwork. An emancipated minor can sign personally with a copy of the emancipation documents.⁴ For blended families, estranged relatives, or genuine uncertainty about who qualifies, the form itself recommends consulting an attorney.

What to Gather Before You Fill Out the Form

Form 735-516 is available on the Oregon DMV website or at any field office. Before you start, pull together:

Vehicle details: the 17-character VIN (on the dashboard near the windshield or on the driver-side door jamb), year, make, and current Oregon plate number.
Decedent information: full legal name as it appears on the existing title, and the exact date of death.
Heir information: full names and current mailing addresses of all known heirs, plus the name of the person being assigned ownership.
Proof of death: an original, certified copy, or regular photocopy of the death certificate, or equivalent court documents.⁷
The most recent certificate of title, if you can find it among the deceased’s belongings.

All signatures on the affidavit have to be notarized, and the notary does not have to be from Oregon.⁵ Showing up at the DMV with unsigned forms wastes the trip; handle the notary step first unless you know your field office has a notary available.

If the Title Is Lost

You don’t need to track down the original title before starting. Complete Form 735-226 (Application for Title and Registration) and check the box in the certification section indicating the title was lost, destroyed, or mutilated.⁸ Submit it with the inheritance affidavit, and the DMV handles the replacement and the ownership change together.

One exception. If the vehicle is model year 2011 or newer and requires an odometer disclosure, you have to get a replacement title before the transfer can go through. For vehicles model year 2010 or older, the checkbox on Form 735-226 is enough.⁷

Odometer Disclosure

An odometer disclosure is required if the vehicle is model year 2011 or newer and less than 20 years old.⁹ The heir receiving the vehicle records the reading even if they weren’t driving it, relying on information from whoever had physical possession.⁴ If the title is in hand, the disclosure goes on the title; otherwise it goes on a separate secure odometer disclosure form.

Vehicles exempt from odometer disclosure include those model year 2010 or older, trailers and campers, vehicles with a gross weight rating over 16,000 pounds, and vehicles not manufactured with an odometer.⁹ If the odometer is broken or stuck, record the number shown and note the mileage as “not actual.” If the digital display is completely blank, record it as “not readable.”

If There’s a Loan on the Vehicle

If the deceased still owed money on the vehicle, the inheritance affidavit alone will not produce a clean title. When the DMV record shows a security interest holder, you must either submit a lien release or get the title directly from the lender.⁴ In practice, that means contacting the lender, paying off the balance, and getting a written release.

This is where many inherited-vehicle transfers stall. The lender holds the title and has no obligation to release it until the loan is satisfied. If the payoff exceeds the vehicle’s value, heirs sometimes negotiate with the lender or decide not to pursue the transfer at all. Check the DMV record or the deceased’s loan documents early so a lien doesn’t surprise you at the counter.

Filing and Fees

Submit the completed affidavit and supporting documents in person at any DMV field office or by mail. Mailed transactions go to DMV Headquarters in Salem, not to a local office.¹⁰

Title fees for passenger vehicles and light trucks (26,000 pounds GVWR or less) are based on the vehicle’s combined fuel-efficiency rating:²

0–19 MPG: $101
20–39 MPG: $106
40+ MPG: $116
All-electric: $192

At a DMV office you can pay with a credit or debit card, cash, check, or money order. By mail, pay with a check or money order made out to “DMV.”¹¹

Processing currently runs two to three weeks for standard and out-of-state titles. If something is missing, expect a response letter within about a week telling you what to send.⁷ The new title arrives by mail and is your proof of ownership for registering, insuring, or selling the vehicle.

Notice of Transfer Within 10 Days

Within 10 days of the transfer, submit a Notice of Sale or Transfer of a Vehicle (Form 735-6890) to the DMV. You can file it online at DMV2U.Oregon.gov or mail it to headquarters.¹² The notice does not change ownership on DMV records by itself; it flags the record to show the vehicle has been transferred. Ownership officially updates when the new title is issued.

Penalties for False Statements

The affidavit is a legal declaration. Anyone who knowingly provides false information, whether claiming to be an heir who isn’t, misrepresenting the probate status, or fabricating heir signatures, faces charges for unsworn falsification under ORS 162.085, a Class B misdemeanor.¹³ A fraudulent transfer can also be unwound by any heir left off the form, so cutting corners creates exposure from two directions at once.

1
Oregon State Legislature. Oregon Code 803 – Vehicle Titles
2
Oregon Driver & Motor Vehicle Services. Vehicle Title, Registration and Permit Fees
3
Oregon Public Law. Oregon Code 803.094 – Release or Assignment of Title Interest
4
Oregon Department of Transportation. DMV Title and Registration Handbook – Chapter G: Operation of Law/Trusts
5
Oregon Department of Transportation. DMV Inheritance Affidavit
6
Oregon State Legislature. Oregon Code 112 – Intestate Succession and Wills
7
Oregon Driver & Motor Vehicle Services. Titling and Registering Your Vehicle
8
Oregon Department of Transportation. Application for Title and Registration
9
Oregon Department of Transportation. Odometer Disclosure
10
Oregon Driver & Motor Vehicle Services. DMV Offices
11
Oregon Driver & Motor Vehicle Services. Vehicle Registration – Renew/Replace/Transfer
12
Oregon Department of Transportation. Notice of Sale or Transfer of a Vehicle
13
Oregon State Legislature. Oregon Code 162 – Offenses Against the State and Public Justice