Arizona: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Title Is Missing | Arizona Probate | FastCounsel
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Arizona: Transferring a Deceased Parent’s Car Title to the Surviving Parent When the Title Is Missing

August 14, 2025 6 min read

Detailed Answer: How to transfer a deceased parent’s vehicle title to the surviving parent in Arizona when the original title is missing

Short answer: In Arizona you can often transfer a decedent’s vehicle to a surviving spouse (or other successor) without full probate by using the state’s small-estate or affidavit procedures and the Motor Vehicle Division’s transfer rules. If the original paper title is missing, the surviving spouse will usually need the decedent’s death certificate, an affidavit (often a small-estate affidavit or an MVD affidavit), ID, and any lien-release documents. If the estate exceeds the small-estate threshold, or if there is a dispute or lien, you may need to open probate or get court authorization.

Relevant Arizona law and resources

Arizona’s statutes governing small estates and successor collection procedures are in Title 14 (Trusts, Estates and Protective Proceedings). See Arizona Revised Statutes, Title 14 (small‑estate/collection provisions): https://www.azleg.gov/arsDetail/?title=14. Arizona motor-vehicle title and transfer rules are in Title 28 (Motor Vehicles): https://www.azleg.gov/arsDetail/?title=28. Practical forms and instructions are at the Arizona Department of Transportation Motor Vehicle Division site: https://azdot.gov/motor-vehicles.

Step-by-step process

  1. Confirm how the vehicle is titled.

    If the title lists the decedent and the surviving parent as co-owners with survivorship rights (joint tenancy or a titling option that creates automatic survivorship), the surviving parent may be able to complete a simple transfer at MVD. If the vehicle was titled only in the deceased parent’s name, proceed with the small-estate or affidavit route.

  2. Collect required documents.

    • Certified copy of the decedent’s death certificate.
    • Valid photo ID for the surviving parent.
    • If possible, any copy or photocopy of the original title (even a photo) and the vehicle’s VIN and description (year, make, model) from registration or insurance.
    • Proof of payment of any outstanding liens or a lien release from the lender, if applicable.
  3. Use the correct affidavit or form.

    Arizona provides affidavit procedures for collecting personal property of a decedent in limited-value estates and the MVD accepts certain affidavits to transfer vehicle ownership when the title is lost. The correct form will depend on circumstances (for example, whether you are a surviving spouse, whether the estate qualifies as a small estate, and whether a personal representative has been appointed). Find applicable MVD title transfer forms and instructions at the ADOT Motor Vehicle Division website: https://azdot.gov/motor-vehicles.

  4. Determine if the estate qualifies for small-estate collection procedures.

    Arizona law provides procedures for collecting personal property of a decedent without full probate when the estate falls under statutory limits (see Title 14 for the statutory scheme). If the estate qualifies, a small-estate affidavit (or similar affidavit provided by statute) lets an eligible person collect and transfer personal property, including vehicles. If the estate does not qualify, you will likely need probate or court approval.

  5. Visit MVD or mail the paperwork.

    Take or send the completed affidavit, death certificate, ID, lien release (if any), and the MVD transfer application/fees to an Arizona MVD office or authorized third-party office. MVD will process the transfer and issue a new title in the surviving parent’s name. If the paper title is missing, MVD often accepts the affidavit package instead of the original title when the statutory conditions are met.

  6. If MVD won’t accept the affidavit or a lender objects, consider probate or a court order.

    If the estate exceeds the small-estate threshold, if co-owners or heirs contest the transfer, or if a lienholder refuses to release the lien without court authorization, you may need to open a probate matter or obtain a court order authorizing transfer.

Common scenarios and what to do

  • Surviving spouse is sole heir and estate is small: Use the small‑estate affidavit/collection affidavit and MVD forms to transfer title without probate.
  • Title listed both parents as co-owners: The surviving co-owner can typically sign the title or complete a simple MVD transfer. If the original title is lost, MVD can provide guidance—often the surviving owner must complete an affidavit and application.
  • There is a loan or lien on the vehicle: Contact the lender for a payoff or lien-release. Lenders often require proof of the decedent’s death and proof of legal authority before releasing title or lien paperwork.
  • Heirs disagree or estate is large: Open probate or seek a court order. Probate will give the personal representative authority to transfer the vehicle.

Timeline and fees

Processing times at MVD vary. Small-affidavit transfers can be completed in days to weeks once you submit correct paperwork. Expect MVD title and registration fees and possibly a fee for issuing a duplicate title or processing an affidavit. Check the ADOT MVD website for current fees: https://azdot.gov/motor-vehicles.

When to get legal help

Consult an attorney if:

  • The estate exceeds the small-estate limits or you are unsure of the estate’s value;
  • There is a dispute among heirs or co-owners;
  • A lienholder refuses to cooperate;
  • You need court authorization or a formal probate proceeding.

Practical next steps right now

  1. Locate the decedent’s certified death certificate.
  2. Check the title record and registration to learn how the vehicle is titled and find the VIN.
  3. Call or visit an Arizona MVD office or the ADOT website to request the specific affidavit/form to use for transfers after death.
  4. If a lender is involved, contact the lender for payoff instructions and lien-release steps.
  5. If the situation looks contested or the estate is large, consult a probate attorney.

Helpful Hints

  • Always get certified copies of the death certificate from the funeral home or county recorder—MVD usually requires a certified copy.
  • Bring proof of identity and proof of relationship (marriage certificate) if the surviving parent is the spouse—this can speed processing.
  • If the original title is missing, do not assume you must open probate; ask MVD about affidavit routes first.
  • Keep copies of everything you submit and request tracking or receipt when you mail documents to MVD or a lender.
  • If you think the estate qualifies as a small estate, review Title 14 of the Arizona Revised Statutes for the statutory procedure and thresholds: https://www.azleg.gov/arsDetail/?title=14.
  • For motor-vehicle specific questions and forms, use the ADOT Motor Vehicle Division page: https://azdot.gov/motor-vehicles.

Disclaimer: This article is for general informational purposes only and is not legal advice. It summarizes common Arizona procedures but does not cover every possible situation. Laws change. If you need legal advice about transferring title, probate, or estate matters, consult a licensed Arizona attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.