Transfer a car title after a death in Delaware

The executor named in the will and the next of kin may take possession of the person's vehicles after the death, but must first get the form the Register of Wills provides for this; the executor has preference over the next of kin.

Checked against official sources: October 30, 2026.

Car or vehicle title after a death in Delaware

The executor named in the will and the next of kin may take possession of the person's vehicles after the death, but must first get the form the Register of Wills provides for this; the executor has preference over the next of kin. Taking possession does not transfer the title. A vehicle titled in transfer-on-death form belongs to the named beneficiary at the owner's death (subject to liens). DMV accepts only original documents, such as an executor's document. For other vehicles, title passes through the small estate affidavit or a probate case.

Law: 12 Del. C. sec. 2306(c)(1); 21 Del. C. sec. 2304

Agency
Delaware Division of Motor Vehicles (DMV)
Fee

DMV title fees apply; ask the DMV.

Transfer-on-death title

A title can name a transfer-on-death beneficiary ('transfer on death to [name]' or 'TOD'), including a trust. The beneficiary has no interest until the last owner's death; the owner can change the beneficiary by applying for a new title.

Source: Official page

Do vehicles count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Cars and other vehicles
Counts

A vehicle is personal property and counts. The named executor and next of kin may take possession of the person's vehicles after the death, using the Register of Wills form for this.

Law: 12 Del. C. 2306(a)(3), 2306(c)(1)

Boats and mobile or manufactured homes
Counts

Boats and other goods and chattels count.

Law: 12 Del. C. 1901(a), 2306(a)(3)

Related pages

Free help in Delaware

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.