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)
- 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 property | How it is treated | Details |
|---|---|---|
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.
- South Carolina Legal Services
- South Carolina Bar Lawyer Referral Service · (803) 799-7100
- South Carolina Judicial Branch: Probate Court forms
- South Carolina Judicial Branch: Probate Court
- 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