Mississippi: Transferring a Deceased Parent's Car Title to the Surviving Spouse When the Original Title Is Missing | Mississippi Probate | FastCounsel
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Mississippi: Transferring a Deceased Parent's Car Title to the Surviving Spouse When the Original Title Is Missing

August 14, 2025 6 min read

Detailed Answer

This answer explains the practical steps most people in Mississippi follow to transfer a deceased parent’s vehicle into the surviving spouse’s name when the original title cannot be located. It summarizes common procedures used by county tag offices and chancery courts and points you to official state resources. This is educational information only and not legal advice.

Quick overview

If the vehicle was jointly titled with right of survivorship, the surviving spouse can usually get the title transferred by presenting the decedent’s death certificate and completing the title application at the county tag office. If the vehicle was solely titled in the deceased parent’s name and the original title is missing, you will typically need either (a) a small‑estate transfer (affidavit or simplified probate) recognized by the chancery court or (b) a court order showing authority to obtain a duplicate title and transfer it. The county tag office and the Mississippi Department of Revenue (MDOR) will accept one of those proofs plus the required forms and fees to issue a new title in the surviving spouse’s name.

Step-by-step process

  1. Obtain certified death certificate(s). Get multiple certified copies from the funeral home or the vital records office. The tag office and court will require a certified copy.
  2. Confirm how the vehicle was titled. If you have any photo of the back of the title, paperwork, registration, insurance, or bank/lender statements, check whether the deceased and the surviving spouse were listed as joint owners. If the title shows both names with “and” vs. “or” or expressly indicates right of survivorship, the surviving spouse’s path is usually straightforward.
  3. Contact your county tax collector / tag office. Explain the situation and ask exactly which documents they require to transfer the title when the original is lost. Requirements vary by county. Ask whether they will accept an affidavit of heirship or if they require court paperwork.
  4. If the vehicle was jointly owned: Most Mississippi tag offices will accept the death certificate, the surviving spouse’s photo ID, a completed application for certificate of title, and payment of fees to issue a new title in the surviving spouse’s name. No probate is usually required when joint tenancy or survivorship is clear.
  5. If the vehicle was solely owned by the deceased:
    • Check for a small‑estate procedure: Mississippi chancery courts provide simplified forms and procedures for small estates. If the estate qualifies under the state’s small‑estate rules, the surviving spouse may be able to use an affidavit or short form probate to obtain authority to transfer personal property such as a car without full probate administration. Contact the local chancery clerk to confirm whether your estate qualifies and for the required forms.
    • If a small‑estate affidavit is permitted and accepted by the tag office, present the affidavit, certified death certificate, photo ID, and the application for a new title.
    • If the tag office will not accept an affidavit, you will likely need a court order from the chancery court (letters of administration, letters testamentary, or another order) authorizing the fiduciary or surviving spouse to obtain a duplicate title and transfer the vehicle.
  6. Apply for a duplicate title if required. If the original title cannot be produced and the tag office requires it, you may have to obtain a duplicate title in the decedent’s name before a transfer. The county office or MDOR will advise whether they can issue a duplicate using the affidavit/court authorization or if a court order is required first.
  7. Address any liens. If the title shows a lienholder, you must obtain a lien release or have the lienholder sign off on the transfer.
  8. Complete the transfer paperwork and pay fees. Bring the completed title application (for a duplicate and/or a transfer), certified death certificate, ID, any small‑estate affidavit or court orders, and payment for fees and taxes to the county tag office.
  9. Keep copies of everything. Keep certified copies of the death certificate, all affidavits, court orders, receipts, and the new title when issued.

Where to get official help and forms

  • Mississippi Department of Revenue (vehicle & title rules and forms): https://www.dor.ms.gov/
  • Mississippi Legislature (search the Mississippi Code for probate and motor vehicle statutes – see Title 63 for motor vehicles and Title 91 for probate and administration): https://www.legislature.ms.gov/
  • Mississippi Courts (information on chancery court and probate procedures): https://www.courts.ms.gov/
  • Your county tax collector / license tag office: contact details are on most county government websites. The county tag office issues titles and will confirm local documentation requirements.

Common issues and how to avoid delay

  • If you rely on an affidavit, make sure it is notarized and filled out exactly as the tag office or chancery clerk requires.
  • If there is any dispute among heirs or a creditor claim, the chancery court route (formal probate or a court order) may be necessary and faster than trying to satisfy all concerns at the tag office.
  • Allow extra time for obtaining certified death certificates, notarizations, and any required court appointments.

When to get legal help

Consider consulting an attorney if any of the following apply: the estate assets exceed the small‑estate threshold for your county or the state; the vehicle is encumbered by a disputed lien; heirs dispute ownership; or the tag office tells you a court order is required and you are unsure how to proceed. An attorney can prepare the proper affidavit or petition for the chancery court and help expedite a transfer.

Disclaimer: This is general information about Mississippi procedures and is not legal advice. For advice about your specific situation, contact a licensed attorney or the local chancery clerk.

Helpful Hints

  • Get at least three certified copies of the death certificate early; you will need them for courts, banks, and the tag office.
  • Bring original photo ID and proof of the surviving spouse’s name (marriage certificate) if requested.
  • Check the vehicle registration and insurance paperwork for clues about title ownership and possible liens.
  • Call your county tag office before you go. Ask which specific forms and fees they require for a transfer when the title is missing.
  • If a court process is required, the chancery clerk’s office can usually provide small‑estate forms and filing fee information. The clerk can also explain whether your estate likely qualifies as a small estate.
  • Keep all receipts and stamped forms you submit. Those can prevent disputes later and help if you need to show proof to banks or other agencies.

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.