Transfer a car title after a death in South Carolina

SCDMV does not accept wills for titles. If you are not on the title, the probate court must direct the transfer: either a personal representative signs the title (with the probate court's certificate of appointment), or the probate court issues a small estate affidavit order, which lets the vehicle be titled only in the name of the person the court names (that person cannot sign it directly to someone else).

Checked against official sources: October 30, 2026.

Car or vehicle title after a death in South Carolina

SCDMV does not accept wills for titles. If you are not on the title, the probate court must direct the transfer: either a personal representative signs the title (with the probate court's certificate of appointment), or the probate court issues a small estate affidavit order, which lets the vehicle be titled only in the name of the person the court names (that person cannot sign it directly to someone else). If the title lists owners joined by 'OR', the survivor can act alone. If joined by 'AND', the probate court decides. If the title has a transfer-on-death (TOD) beneficiary, the beneficiary applies with a death certificate.

Law: S.C. Code sec. 62-6-401

Agency
South Carolina Department of Motor Vehicles (SCDMV)
Form
SCDMV Form 400 Title and/or Registration Application, with the probate court's order
Fee

SCDMV title fees apply; the TOD designation application costs $15.

Transfer-on-death title

Since July 1, 2025, a vehicle, mobile home or other DMV-titled property owned by one person, or by co-owners with survivorship ('OR'), can carry a transfer-on-death (TOD) designation. Apply with Form 400, form TOD-1, the title and a $15 title fee. At the last owner's death, the beneficiary presents a death certificate to be titled.

Source: Official page

Do vehicles count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Cars and other vehicles
Counts

A car in the person's name alone is part of the probate estate and counts at its value minus any loan. Vehicles with a transfer-on-death designation or 'OR' co-ownership pass outside probate.

Law: S.C. Code secs. 62-3-1201(a)(1), 62-6-401; form SCCA 420ES

Boats and mobile or manufactured homes
Counts

A mobile home, boat, motor or trailer in the person's name counts at its value minus liens.

Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES

Related pages

Free help in South Carolina

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