What Happens If Two People Own a Car And One Dies in Louisiana
When one of two owners listed on a Louisiana vehicle title dies, the transfer of the vehicle or correction of the title depends on how the names appear on the certificate and the estate circumstances. Louisiana law establishes procedures for surviving spouses, heirs, and legatees to obtain or retain title to vehicles of deceased persons under R.S. 32:707.1. The surviving owner or estate representative must apply for a corrected title through the Louisiana Office of Motor Vehicles (OMV) or an authorized representative to ensure the title reflects the current legal ownership.
Determine How the Names Appear on the Louisiana Car Title
Louisiana motor vehicle titles do not generally distinguish ownership rights based on the conjunction used between co-owners' names in the manner some other states do. Instead, the determination of ownership transfer following a co-owner's death depends on Louisiana's succession law, which treats all jointly titled vehicles as joint ownership without automatic survivorship rights unless otherwise established by formal succession procedures or a valid will.
If the Title Shows Survivorship Language
Louisiana does not recognize survivorship language such as "or" or "and/or" as creating automatic transfer rights to a surviving co-owner by operation of law. Even if the title is titled with language suggesting joint ownership, both owners' interests are subject to Louisiana's succession laws, which require the completion of an Affidavit of Heirship or applicable succession procedures to transfer ownership.
If the Title Does Not Show Survivorship Language
Vehicles titled in the names of two or more owners—whether joined by "and," "or," "and/or," or listed separately—are treated under Louisiana succession law. Neither owner has automatic rights to the vehicle upon the other's death. The surviving owner or heirs must follow the applicable succession procedure established under state law to obtain or retain title to the vehicle.
Louisiana Car Title Rules After One Owner Dies
When a vehicle is jointly titled and one owner dies, the Office of Motor Vehicles requires that the title and registration records be corrected to reflect the current legal ownership. Under R.S. 32:707.1, the Office of Motor Vehicles has established procedures by which surviving spouses, heirs, and legatees may obtain title to a vehicle titled in the name of a deceased person. The surviving co-owner does not automatically become the sole owner; instead, the title must be updated through an affidavit process or succession judgment.
A copy of the death certificate or other acceptable proof of death must be submitted with the application. The current title and registration certificate, if available, must accompany the application. If the title or registration is unavailable, the applicant must declare that fact in the affidavit submitted to the Office of Motor Vehicles.
Does a Car Go Through Probate in Louisiana if One Owner Dies?
The vehicle may be transferred through different procedures depending on the value of the deceased person's total estate and whether a will exists. Louisiana provides two primary pathways: the affidavit of heirship procedure (available when the estate qualifies or when an intestate succession is involved) and the small succession procedure (when the deceased person died intestate with an estate valued at $125,000 or less).
Affidavit of Heirship Procedure
If a vehicle is jointly titled and one owner dies, the surviving owner or heirs may use the affidavit of heirship process without opening a judicial succession. The affidavit must be completed, signed by the surviving spouse (if any) and all heirs or legatees, and notarized. This procedure is not available when a succession has been formally opened and a judgment rendered by a court.
Small Succession Procedure
If the deceased person's total estate does not exceed $125,000 in value (or any value if 20 or more years have passed since death) and the person died intestate, the vehicle may be transferred through a small succession affidavit under Code of Civil Procedure articles 3421–3442. The affidavit must be executed by at least two persons, including the surviving spouse, if any, and one major heir. A notarized bill of sale or act of donation is required if the vehicle is transferred to a new owner.
Formal Succession Judgment
If a succession has been formally opened by a court and a judgment on succession rendered, the vehicle transfer requires a certified copy of the succession judgment or letters of succession (letters testamentary or letters of administration) from the probate court. The title application must include these court documents along with the other required materials.
How To Transfer a Car Title in Louisiana After a Co-Owner Dies
General Process
The surviving owner, heirs, or estate representative must file an application with the Louisiana Office of Motor Vehicles or an authorized representative, such as a public tag agent or auto title company. The following steps outline the general procedure:
- Obtain a certified copy of the death certificate or acceptable proof of death from the parish vital records office.
- Review the current vehicle title to confirm the names of both owners and any lien holders.
- Gather the current vehicle title and registration certificate, if available. If unavailable, prepare a declaration of that fact.
- Determine whether the estate qualifies for an affidavit of heirship, small succession, or requires a formal succession judgment.
- If using affidavit of heirship, complete the Affidavit of Heirship (DPSMV1696) with all heirs and the surviving spouse, if any, and have it notarized.
- If using a small succession, prepare the small succession affidavit complying with Code of Civil Procedure requirements, signed by at least two persons including the surviving spouse if applicable.
- If a succession judgment exists, obtain certified copies of the letters of succession or succession judgment.
- Complete the Vehicle Application Form (DPSMV1799).
- Provide a current photo identification for each vehicle owner.
- If the vehicle is being transferred to a new owner (not a surviving spouse or heir retaining it), prepare a notarized bill of sale or act of donation signed by all heirs.
- Submit all documents and applicable fees to the Office of Motor Vehicles, a public tag agent, or an authorized auto title company.
Applicable Fees
Louisiana's title and registration fees are established by the Office of Motor Vehicles. The following table lists the most commonly applicable fees for vehicle title correction or transfer after a co-owner's death:
| Fee Type | Amount | When It Applies |
|---|---|---|
| Title Fee | $68.50 | Required for all title applications, including transfer or correction after death |
| Title Correction | $68.50 | When correcting a title to reflect the proper owner after death |
| Record Mortgage with UCC Filing | $15.00 | If a new lien or UCC-1 security agreement is recorded |
| Record Mortgage with Other Security Form | $10.00 | If a different type of security agreement is recorded |
| License Transfer | $3.00 | When transferring a license plate to a new vehicle |
| Handling Fee | $8.00 | Administrative processing fee |
| Automobile License Plate | $20.00–$112.00+ | Based on vehicle value; vehicles are assessed at 0.1% of value per year with a $10,000 minimum base, sold in two-year increments |
In addition to title and registration fees, sales or use tax may apply depending on the nature of the transfer. Transfers by last will or intestate succession are generally tax-free. Transfers of vehicles by heirs or legatees may or may not be taxable, depending on the circumstances.
Surviving Spouse
Louisiana law does not create a separate or expedited transfer procedure exclusively for a surviving spouse. The surviving spouse participates in the affidavit of heirship or small succession procedure as one of the required signatories. If a surviving spouse obtains ownership and wishes to transfer the vehicle to a third party, a notarized bill of sale or act of donation must be executed by all heirs. If the surviving spouse renounces interest in the vehicle, renunciation documentation is required.
Documents Needed to Transfer a Louisiana Car Title After Death
The exact documents required depend on whether the transfer is handled through an affidavit of heirship, small succession, or formal succession judgment.
Common Documents
| Document | When Required |
|---|---|
| Certified Death Certificate or Proof of Death | Always required; document death of the co-owner |
| Current Vehicle Title and Registration Certificate | Required if available; declare unavailability if missing |
| Vehicle Application Form (DPSMV1799) | Always required; submit with all applications |
| Affidavit of Heirship (DPSMV1696) | Required if using affidavit of heirship procedure; must be completed, signed by surviving spouse and all heirs, and notarized |
| Small Succession Affidavit | Required if estate qualifies under Louisiana Code of Civil Procedure articles 3421–3442; executed by surviving spouse (if any) and at least one major heir |
| Letters Testamentary or Letters of Administration | Required if a formal succession has been opened and judgment rendered; certified copy from probate court |
| Succession Judgment or Court Order | Required if formal succession proceedings completed; certified copy from court |
| Will or Notarized Summary of Will | Required if deceased died testate (with a will); copy of will or notarized statement of contents relevant to vehicles |
| Notarized Bill of Sale or Act of Donation | Required only if transferring the vehicle to a new owner; must be executed by all heirs or by surviving spouse alone if all other heirs have transferred their interest |
| Photo Identification | Required for each vehicle owner; current and valid driver's license or identification card |
| Odometer Disclosure Statement | Required only if the vehicle is transferred to a third party; current mileage must be listed |
| Proof of Lien Cancellation | Required if a lien was reflected on the deceased owner's title and the lien has been paid; original or certified copy of satisfaction of lien, paid note, or lien cancellation document from lienholder |
What if There Is a Loan on the Car?
If the vehicle has a recorded lien or outstanding loan secured by the title, the lienholder information shown on the title application must match the information shown on the current vehicle title. The applicant should present both the original title and all lien-related documents to the Office of Motor Vehicles or authorized representative so the ownership transfer and lien information can be reviewed together.
If the lien has been satisfied and paid, the applicant must provide proof of cancellation in the form of an original or certified copy of a satisfaction of lien executed by the lienholder, a paid note, or other acceptable cancellation documentation. The lien satisfaction must be submitted on the lienholder's company letterhead and include the lienholder's address and telephone number.
If the lien remains outstanding and the surviving spouse or heir intends to assume the mortgage or security agreement, the existing lien will be noted on the new title issued in the surviving spouse's or heir's name. If a new lien is to be recorded, an original or certified copy of the security agreement or UCC-1 filing must be submitted with the application.
Contact Information
Louisiana Office of Motor Vehicles
7979 Independence Boulevard, Baton Rouge, LA 70806
Phone: (225) 925-6146
Official Website: Louisiana Office of Motor Vehicles
