Do I need an original death certificate to transfer a car after a relative passes away, or will a copy work? - Pennsylvania
The Short Answer
In Pennsylvania, PennDOT typically requires proof of death to transfer a vehicle title after an owner dies, and a plain photocopy may not be accepted depending on the transaction and where you submit the paperwork. Because your situation also involves a missing title and missing keys, you should expect PennDOT (or an authorized agent) to require additional documentation beyond a death certificate copy.
What Pennsylvania Law Says
When a vehicle owner dies, the title can transfer “by operation of law” (meaning the ownership changes due to death rather than a normal sale). Pennsylvania law allows the transferee to apply for a new title and requires the application to be supported by documents that prove the authority for the transfer—often including certified copies where appropriate.
The Statute
The primary law governing this issue is 75 Pa.C.S. § 1114.
This statute establishes that when a vehicle interest passes other than by voluntary transfer (including death), the transferee must apply for a new title and provide the documents of authority (or certified copies) sufficient to prove the transfer.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict documentation requirements: Even if the law allows “certified copies,” PennDOT and title agents often have specific document standards (and a missing title can change what they will accept).
- Burden of proof: If the title is missing and the vehicle paperwork is only in copies, you may need to prove both (1) who has authority to transfer the vehicle and (2) the vehicle’s identity/ownership history to avoid rejection or delays.
- Exceptions and estate issues: Pennsylvania has special rules for transfers to a surviving spouse in certain circumstances under the same statute, but whether you qualify can depend on debts, family circumstances, and how the vehicle was titled.
Trying to handle this alone can lead to rejected filings, delays that leave the vehicle unusable, or problems later if another heir or creditor challenges the transfer. An attorney can quickly assess whether you can transfer without full probate, what proof PennDOT is likely to require in your fact pattern, and how to reduce the risk of a failed transfer.
Related reading: What documents are needed to transfer a vehicle title after a death in Pennsylvania? and How can I replace a missing vehicle title and transfer it through probate in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.