FAQ: How do I transfer my parent’s car title to my other parent in a small estate when we don’t have the original title?

Short answer: In Kentucky you generally need a certified death certificate plus either probate paperwork or a small‑estate affidavit and a replacement (duplicate) title or the county clerks’ acceptance of the required affidavits and documents. Start at your local county clerk’s title office and the Kentucky Transportation Cabinet (Division of Driver Licensing/Vehicle Titles) to learn the exact forms and fees. If the estate qualifies for small‑estate procedures, you may avoid full probate and still get a new title issued to the surviving spouse.

Detailed answer — step by step

This answer assumes the vehicle was titled solely in the name of the deceased parent and you want to transfer it to the surviving spouse (the other parent). If the vehicle was jointly titled or the title named the surviving spouse as co‑owner, the transfer can often be much simpler. Below are the usual steps and options in Kentucky when the original title is missing.

1. Gather basic documents

Certified copy of the death certificate of the vehicle owner (obtain multiple certified copies from the state vital records office or local county health department).
Photo ID for the surviving spouse (and for whoever goes to the clerk’s office).
Information about the vehicle: VIN, make, model, year, any registration or license plate numbers.
Proof of lien release if the vehicle had a lien.

2. Contact the county clerk where the vehicle is titled

The county clerk’s office handles title transfers in Kentucky. Explain that the registered owner died and that you do not have the original title. The clerk will tell you which forms they require, whether a duplicate title application is needed, and whether a small‑estate affidavit will suffice in your county. County clerk offices often provide the specific title application and information about fees and required supporting documents.

3. Decide between duplicate title vs. affidavit transfer

There are two common ways to proceed when the original title is missing:

Obtain a duplicate title in the deceased owner’s name — You apply for a duplicate title from the county clerk (often called an application for duplicate certificate of title). Once the duplicate is issued in the deceased owner’s name, the surviving spouse or personal representative can sign the certificate over or present probate/small‑estate paperwork to retitle the vehicle.
Use small‑estate paperwork or affidavit of heirship to get a new title issued directly — Kentucky allows simplified collection procedures for small estates or personal property collection by affidavit in many situations (contact your county clerk). If eligible, the surviving spouse can present a small‑estate affidavit or other statutorily authorized affidavit plus the death certificate and ID, and the clerk may issue a new title to the surviving spouse without full probate or without a duplicate title first.

4. If a will or probate exists

If the deceased left a will and the estate is already opened in probate, the executor (personal representative) can use Letters Testamentary (or Letters of Administration if intestate) and the probate court paperwork to transfer title. Present the court documents and the death certificate to the county clerk to retitle the vehicle.

5. Small‑estate eligibility and affidavit

Kentucky provides simplified procedures for small estates or for collection of personal property by affidavit in some cases. Whether your situation qualifies depends on the total value of the estate and other facts. The county clerk can confirm whether you can use an affidavit instead of formal probate. For statutes and more information about Kentucky statutes and procedures, consult the Kentucky Revised Statutes and local clerk guidance (see resources below).

6. Complete title transfer forms and pay fees

When the clerk accepts the documentation, you will complete the title transfer forms required by the Transportation Cabinet or county clerk office. Expect to sign transfer documents, submit proof of identity, present the death certificate, and pay title transfer, registration, and any applicable tax fees. If the surviving spouse becomes the new owner, the clerk will issue a new certificate of title in that spouse’s name.

7. If the clerk won’t issue a title without the original

If the county clerk requires the original title but it is lost, the clerk will direct you how to apply for a duplicate title in the deceased owner’s name. That process typically requires the death certificate and an application form. After the duplicate title is issued, it can be used to complete the transfer.

8. When to consult an attorney

Consult a probate or estate attorney if:

There are multiple heirs who disagree about the vehicle.
You suspect a lien or outstanding loan on the vehicle.
The estate contains assets valued above small‑estate limits or the situation is legally complex.

Documents you will likely need (check with your county clerk for exact list)

Certified death certificate (original or certified copy).
Photo ID for the surviving spouse.
Vehicle information (VIN, year, make, model).
Completed title application or duplicate title application (from the county clerk).
Affidavit for small‑estate collection or affidavit of heirship, if used.
Letters testamentary or letters of administration if there is an opened probate.
Lien release documents if applicable.
Odometer disclosure statement if required by federal/state law (for some transfers).

Helpful Hints

Obtain several certified death certificates early — many offices require originals.
Call the county clerk before you go. Clerks can list precise forms, fees, and whether an appointment is needed.
Search the deceased’s records for the original title, but be prepared to apply for a duplicate if you cannot find it.
If the vehicle was titled jointly with the surviving spouse, bring proof of joint ownership—transfer may be automatic or simpler.
Keep copies of every document you submit and obtain receipts for fees paid.
If the estate is small and uncontested, ask the clerk about small‑estate affidavit procedures to avoid full probate.
Check for liens. A lienholder must release their interest before the clerk will issue a clean title to the surviving spouse.
If you hit a legal roadblock, consult a probate/estate lawyer early — especially when multiple heirs or creditors are involved.

Where to find official Kentucky information and forms

Kentucky Transportation Cabinet / Division of Driver Licensing and Vehicle Titles: https://drive.ky.gov — contact your county clerk through this site for title forms and procedures.
Kentucky Court of Justice — probate and court resources: https://kycourts.gov.
Kentucky Revised Statutes (searchable set of state laws): https://apps.legislature.ky.gov/statutes — consult statutes related to probate, estates, and collection of personal property for small estates.

Final note: Procedures and required documents vary by county and by the facts of the estate. Start with your county clerk for concrete instructions and required forms. If the situation involves disputes, liens, or complex estate questions, consider hiring a probate attorney.

Disclaimer: I am not a lawyer. This article is for general informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a qualified Kentucky probate or estate attorney.