How to Transfer a Deceased Parent’s Car Title in Indiana When the Original Title Is Missing

Short summary: In Indiana, when a vehicle owner dies and you do not have the original title, you can usually transfer the vehicle to the surviving spouse (or another heir) by using either a small-estate process or formal probate, depending on the estate’s size and circumstances. The Indiana Bureau of Motor Vehicles (BMV) will accept certain probate documents or an affidavit that establishes legal authority to transfer the vehicle. Read the steps below so you know which documents to gather and which office to contact.

1. Decide whether the estate needs formal probate

Indiana law distinguishes estates that need formal administration from those that can be handled as small estates. If the deceased’s probate assets are small and you qualify for the small-estate procedure, you can often avoid full probate. For an overview of Indiana probate law, see Indiana Code Title 29: https://iga.in.gov/legislative/laws/2023/ic/titles/29.

2. Gather documents you will likely need

Whether you use a small-estate affidavit or formal probate, prepare these items:

• Certified copy of the decedent’s death certificate.
• Government photo ID for the person receiving the vehicle (surviving spouse).
• Proof of relationship or heirship (marriage certificate, birth certificate, or other proof) if requested.
• The vehicle’s VIN, make, model, and year.
• Evidence of any lien release, if the vehicle had a lien.
• Any available vehicle documents (insurance, registration). If you don’t have the original title, the BMV and the probate court will guide you on substitutes.

3. Small-estate affidavit option (when available)

If the estate qualifies as a small estate under Indiana law, a surviving spouse or one of the heirs can often use an affidavit to claim personal property without formal administration. The BMV commonly accepts a small-estate affidavit or similar court-issued proof of transfer together with the death certificate to issue a new title in the survivor’s name. For practical BMV guidance on transfers after death, see the Indiana BMV information on title transfers after death: https://www.in.gov/bmv/vehicle-services/vehicle-titles/transfer-a-title-after-death/.

4. Formal probate or letters of administration

If the estate does not qualify for the small-estate process, or if there are disputes or creditors that require formal handling, you will need to open probate and obtain letters testamentary or letters of administration from the probate court. Those court documents give the personal representative authority to apply for a new title or to sign over the vehicle. Contact your local probate court clerk for forms and filing instructions; the Indiana Judicial Branch self-help pages provide general guidance: https://www.in.gov/judiciary/self-service/.

5. If you don’t have the original title

Lost or missing original titles are common. Options include:

• Have the probate court issue an order directing transfer of the vehicle. The BMV will accept a certified court order in many cases.
• Use a small-estate affidavit accepted by the BMV (if qualifying). That affidavit substitutes for the original title and shows why the vehicle should transfer to the surviving spouse.
• If the decedent previously applied for a replacement title but never received it, the BMV can issue a replacement title after proper documentation from the person with legal authority.

6. Visit the BMV or submit required forms

Once you have either the small-estate affidavit or probate documents, bring them to the BMV along with the death certificate, photo ID, and required forms (BMV title application, odometer disclosure if applicable, and fee). The BMV will issue a new certificate of title in the surviving spouse’s name or will allow the personal representative to sign the title over if a title exists.

7. Special issues to watch for

• If there was a lien, get a lien release or proof the lien was satisfied; the title cannot transfer cleanly without addressing liens.
• If multiple heirs exist and they disagree, you may need a court order resolving ownership before the BMV will issue title.
• Out-of-state titles can complicate the process; the BMV and probate court can advise on cross-jurisdiction requirements.

8. Practical next steps (quick checklist)

1. Obtain several certified copies of the death certificate from the funeral home or county health department.
2. Contact your county probate court clerk to ask whether the small-estate procedure applies and to get forms or instructions.
3. Call or visit the Indiana BMV website page on title transfers after death to learn BMV-specific document and fee requirements: https://www.in.gov/bmv/vehicle-services/vehicle-titles/transfer-a-title-after-death/.
4. If needed, consult an attorney experienced in Indiana probate or estate administration to prepare affidavits or to open probate.

Where to find the controlling law: Indiana probate law is in Indiana Code Title 29 (Probate), and motor vehicle title law appears in Indiana Code Title 9 (Motor Vehicles). Review these titles online at the Indiana General Assembly site: https://iga.in.gov/legislative/laws/2023/ic/titles/29 and https://iga.in.gov/legislative/laws/2023/ic/titles/9. For BMV procedural guidance, see the Indiana BMV: https://www.in.gov/bmv/vehicle-services/vehicle-titles/transfer-a-title-after-death/.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different. For advice tailored to your specific situation, consider contacting a licensed Indiana attorney or your local probate court.

Helpful Hints

• Get certified death certificates early — most offices will require them and copies are often requested by several agencies.
• Call the county probate clerk before you go. Clerks can tell you whether a small estate affidavit is likely to work for your situation and can point you to required local forms.
• Check the BMV website for the exact documents and fees required; BMV rules can change and local branches may have different hours or submission methods.
• If the vehicle is financed, contact the lienholder first to learn how to obtain a lien release or to transfer payoff responsibility — the BMV will require lien information.
• Keep copies of everything you submit to the court or BMV and get certified copies of any court order you receive.
• If multiple heirs want the vehicle, get a written agreement signed by all heirs before visiting the BMV — a signed written transfer is faster than court litigation.
• When in doubt, a short consult with an Indiana probate attorney can save time and reduce the chance you’ll need to re-file documents.