How to Transfer or Sell a Decedent's Motor Vehicle

Often, one of the final items left when a loved one passes is transferring or selling their automobile. Did you know that it is illegal in Massachusetts to have a vehicle registered to a deceased individual? The deceased's registration plates are required to be returned to the Registry of Motor Vehicles (the "RMV") for cancellation immediately upon death.

However, in Massachusetts, unless otherwise stated in the decedent's will, pursuant to M.G.L. c. 90D s. 15A, a decedent's automobile is presumed to have been held jointly with rights of survivorship with the surviving spouse. Therefore, there is an exception for a surviving spouse wishing to keep their deceased spouse's vehicle. In such cases, the surviving spouse does not need to cancel the registration and further, can simply transfer the title without any involvement of the probate court. The transfer of the ownership is permitted by the RMV with the following necessary documentation.

1. A copy of the decedent's death certificate;

2. The decedent's original certificate of title; and

3. A Surviving Spouse Affidavit (See www.mass.gov/rmv/forms/20026.pdf)

All other transfers of a decedent's automobile must be done by a court-appointed administrator or executor.

Upon appointment, the following steps are to be taken:

1. The executor or administrator is to sign the original certificate of title;

2. A Bill of Sale, in some form, is always recommended to state the terms of the transaction. It should be executed by both parties and should detail the automobile's VIN, mileage, purchase amount and that the vehicle is being sold in "as is condition".

3. A copy of the death certificate and certificate of appointment is to be provided to the buyer.

4. The buyer is responsible for obtaining an RMV-1 form from their insurance company.

5. The buyer is to then provide all of the above listed documents to their local RMV and pay the necessary fees for the transfer of title.

For a list of local RMV locations and hours of operation, please click www.mass.gov/rmv/branches/index.htm