What Happens to a Car When Someone Dies in Oklahoma?

A car is one of the most common assets that most people in Oklahoma own. After a person’s death, the probate process in Oklahoma may be required to transfer assets to their heirs. However, there are some special rules for cars that can make ownership transfer a little easier. Here is exactly what happens to a car when someone dies in Oklahoma.

How Vehicles Are Handled After Someone’s Death in Oklahoma

The way a car is handled after someone’s death depends on the specific situation. In some cases, probate may be required, while the car can pass to heirs outside of probate in other situations. Here are some of the most common scenarios.

Co-Owned Vehicles

If the vehicle had a co-owner, then title will usually pass to the co-owner automatically. This happens when the title is issued jointly to two owners with right of survivorship, such as a husband and wife. After the death of one owner, the co-owner will still need to visit the Oklahoma DMV to have the vehicle titled solely in their name.

Surviving Spouse

Vehicle owners who leave behind a surviving spouse can have their vehicle automatically pass to their surviving spouse outside of probate. Oklahoma law specifies that a vehicle of the deceased will automatically become the sole property of the surviving spouse if the deceased did not have a will. If multiple vehicles were owned by the deceased, then the surviving spouse can choose one, and the remaining vehicles will become part of the deceased’s estate.

Transfer-on-Death Option

If you own a vehicle outright with no lien, you can file a transfer-on-death notice with the state. This makes it very easy for an heir to obtain ownership of the vehicle after your death. The designated beneficiary would simply need to present an affidavit and death certificate in order to have the vehicle titled in their name.

Small Estates (Less than $50,000)

Even if the deceased had a will, the full probate process is not always required. When the total value of the estate is less than $50,000, a small estate affidavit can be used to transfer ownership of assets. By filing this affidavit along with the certificate of death, the rightful heir can transfer ownership of the vehicle solely into their name.

Probate Process

If the deceased had a will and an estate worth more than $50,000, then the will must go through probate. This means that the car becomes part of the estate, and ownership must be transferred by the estate executor through the probate process. Proper oversight by an Oklahoma trust administration lawyer or estate counsel ensures all titled property and vehicle transfers are executed according to state requirements. Remember that the probate process can be complex, and it can sometimes take more than 6 months to complete.

Estate Planning for Vehicle Ownership Transfer

If you own a car, it is never too early to start thinking about what would happen to that vehicle after your death. An experienced estate planning attorney can help you put a plan in place that achieves your goals and makes it as easy as possible for your heirs to get title to the vehicle. Contact Helton Law Firm today to schedule an initial consultation and let us help you ensure that your car is handled appropriately.