Transfer a car title after a death in Montana
A surviving spouse or other heir can get a new title for the person's vehicles (including trailers, campers, motorboats, personal watercraft, sailboats and snowmobiles) by filing an affidavit with the Motor Vehicle Division.
Checked against official sources: October 30, 2026.
Car or vehicle title after a death in Montana
A surviving spouse or other heir can get a new title for the person's vehicles (including trailers, campers, motorboats, personal watercraft, sailboats and snowmobiles) by filing an affidavit with the Motor Vehicle Division. This works only if the whole estate, including the vehicles, minus liens, is within the $100,000 small estate limit, the person left no other property that needs a probate case, and the person did not leave the vehicle to someone by will. The affidavit states the facts of survivorship and the names and addresses of any other heirs. The new title still shows any lien. If the owner named a transfer-on-death beneficiary on the title, the beneficiary brings proof of death and ID to the department, the county treasurer or an authorized agent for a new title.
Law: MCA 61-3-222, 61-3-226, 72-3-1101
- Agency
- Montana Department of Justice, Motor Vehicle Division (MVD)
- Waiting period
- 30 days after the death
- Fee
The MVD charges a title fee; the amount is printed on Form MV12.
- Transfer-on-death title
An owner or joint owners can name one or more beneficiaries on the application for certificate of title for a vehicle or vessel (including a manufactured or mobile home titled as a vehicle). A will does not override a perfected beneficiary designation. After the last owner dies, the beneficiary presents proof of death and ID to get a replacement title or transfer it; liens stay in place.
Source: Official page
Do vehicles count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Cars and other vehicles | Counts | A vehicle in the person's name counts at its value minus any loan. A vehicle with a transfer-on-death beneficiary on the title passes outside probate. Law: MCA 72-3-1101(1)(a), 61-3-222(1)(a), 61-3-226 |
Boats and mobile or manufactured homes | Counts | Boats and other personal property in the person's name count, minus liens. Law: MCA 72-3-1101(1)(a) |
Related pages
Free help in Montana
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Montana Legal Services Association HelpLine · 1-800-666-6899
- State Bar of Montana Lawyer Referral and Information Service · 1-406-449-6577
- Montana Law Help: How to use an affidavit to get personal property from an estate (Access to Justice Commission and MLSA)
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372