What Happens If Two People Own a Car And One Dies in Rhode Island

When one of two co-owners of a motor vehicle dies in Rhode Island, the process for updating the title and registration depends on the form of ownership and whether probate is involved. Under Title 31 of the General Laws, specific rules for vehicle title transfer upon the death of an owner recognize multiple methods by which vehicles may pass to surviving owners or beneficiaries without traditional probate proceedings.

Determine How the Names Appear on the Rhode Island Car Title

The manner in which names appear on the certificate of title, along with any designations present on the certificate, determines the ownership structure and controls how the vehicle passes after death.

If the Title Shows Survivorship Language

Rhode Island law permits a motor vehicle to be titled in transfer-on-death form by including a designation on the certificate of title. When a certificate of title indicates ownership by two or more persons "with the right of survivorship" or displays transfer-on-death language such as "transfer on death to [name of beneficiary]," the ownership automatically passes to the surviving co-owner or designated beneficiary upon the death of the owner. No probate is required, and the surviving owner or beneficiary may register the vehicle using simplified procedures.

Additionally, Rhode Island General Law Section 31-3.1-37 provides that unless otherwise specified in a will, any motor vehicle owned by a deceased person automatically passes to the surviving spouse. This statutory transfer occurs by operation of law without formal probate action.

If the Title Does Not Show Survivorship Language

If the certificate of title does not contain survivorship language or a transfer-on-death designation, the vehicle is held in the names of both owners as tenants in common. Upon the death of one co-owner, that person's interest becomes part of their estate. The surviving co-owner does not automatically acquire ownership; instead, the estate of the deceased owner must be properly administered, either through formal probate, a small estate procedure, or a Sole Heir Affidavit if the deceased owner left no will and no executor or administrator has been appointed.

Rhode Island Car Title Rules After One Owner Dies

The Rhode Island Division of Motor Vehicles (DMV) recognizes several pathways for title transfer following the death of a vehicle owner, depending on the family relationships involved and whether an estate administrator or executor has been appointed.

Automatic Transfer to Surviving Spouse: When a motor vehicle is owned by a deceased person and a surviving spouse exists, Title 31, Section 31-3.1-37 mandates that the title to the vehicle and the vehicle itself pass to the surviving spouse. This occurs unless the deceased person's will provides otherwise. The surviving spouse may apply for a new certificate of title and registration without involvement of the probate court.

Transfer-on-Death Designation: A motor vehicle may be registered with a transfer-on-death beneficiary designation, which allows title to pass directly to the named beneficiary upon the owner's death, subject to the rights of any lienholder. The designated beneficiary has no ownership interest until the owner's death, and the designation may be revoked or modified at any time during the owner's lifetime.

Non-Probate Transfer for Next of Kin: If no will exists, no probate proceeding is underway, and the deceased has no surviving spouse, the deceased's adult children or parents may transfer the title using a Sole Heir Affidavit in the form approved by the director of the DMV. No probate authorization is required for this method.

Small Estate Procedure: Under Rhode Island General Law Chapter 33-24.1, a voluntary executor or administrator of a small estate may be appointed, and the person to whom the vehicle is distributed by small estate court order may then transfer the title.

Does a Car Go Through Probate in Rhode Island if One Owner Dies?

Not necessarily. Rhode Island provides multiple non-probate pathways for vehicle title transfer.

If the vehicle is owned solely by the deceased person and no surviving spouse exists, full probate is required only if an executor or administrator must be appointed. However, if the will is not being probated and the deceased left the vehicle to a surviving spouse, child, or parent, the vehicle may be transferred without probate by means of a Sole Heir Affidavit and death certificate.

Additionally, Rhode Island law on small estates permits informal administration of small estates valued below $15,000, reducing the need for full probate court administration. A voluntary executor may be appointed, and the vehicle may be distributed through this simplified procedure.

If a vehicle is titled with transfer-on-death language, registered in the names of a surviving and deceased spouse, or titled as joint ownership with right of survivorship, the vehicle passes automatically and does not enter probate.

How To Transfer a Car Title in Rhode Island After a Co-Owner Dies

All title and registration changes following the death of a vehicle owner must be completed at the Rhode Island DMV. The DMV maintains a headquarters office in Cranston and branch offices in Middletown, Wakefield, and Woonsocket. All transactions require an appointment.

General Process

For a Surviving Spouse:

1. Present the current registration in the name of the deceased.
2. Present an original death certificate (the DMV will make a photocopy and return the original).
3. If the vehicle title is model year 2001 or newer, present the original certificate of title in the name of the deceased. For vehicles model year 2000 and older, a title is required only if the vehicle was first registered on or after January 1, 2024.
4. Sign the title over to yourself on the reverse side.
5. Complete the Application for Registration (Form TR-1).
6. Provide proof of Rhode Island auto insurance.
7. Submit all documents to the DMV.

For Next of Kin or Adult Children (When No Probate Administrator or Executor Is Appointed):

1. Provide the certificate of title in the deceased's name. For vehicles model year 2000 or older, a title is required only if the vehicle was first registered on or after January 1, 2024; otherwise, provide valid proof of ownership, such as an old registration or a paid sales tax receipt.
2. Provide a bill of sale or letter of gift; if from a non-immediate family member, the gift letter must be notarized. Immediate family members for tax purposes include parent, step-parent, sibling, step-sibling, spouse, child, or step-child.
3. Complete the Sole Heir Affidavit form as approved by the DMV.
4. Provide an original death certificate.
5. Complete the Application for Registration (Form TR-1).
6. Provide proof of Rhode Island auto insurance.
7. Submit all documents to the DMV.

For an Appointed Administrator or Executor:

1. Provide the certificate of title in the deceased's name, properly assigned by the executor or administrator. For vehicles model year 2000 and older, a title is required only if the vehicle was first registered on or after January 1, 2024.
2. Provide an original Notice of Appointment from the probate court naming the administrator or executor.
3. Provide a bill of sale or letter of gift.
4. Complete the Application for Registration (Form TR-1).
5. Complete the Sales or Use Tax Exemption Certificate form if applicable.
6. Provide proof of Rhode Island auto insurance.
7. Submit all documents to the DMV.

Applicable Fees

Title and registration fees in Rhode Island are set by statute. The principal fees for vehicles transferred following death are:

Fee Exemptions: Under Title 31, Section 31-3.1-37, a surviving spouse is not charged a title fee for issuance of a new certificate of title. Additionally, a surviving spouse is not charged a registration fee during the year the vehicle is registered in the spouse's name, provided the deceased spouse had registered the vehicle and paid the annual registration fee in that year. If the deceased failed to pay the registration fee, the surviving spouse pays a pro rata amount for the remaining months of that year.

Surviving Spouse

Rhode Island law provides specific protections and fee exemptions for surviving spouses. Under General Law Section 31-3.1-37, unless the deceased spouse's will provides otherwise, title to the vehicle automatically passes to the surviving spouse. The surviving spouse is not required to go through probate or obtain court authorization to transfer the title into his or her name.

To register a vehicle in the surviving spouse's name, the spouse must present an original death certificate, the current registration in the deceased's name, and (if the vehicle is model year 2001 or newer, or model year 2000 and older first registered on or after January 1, 2024) the original certificate of title. No title fee or registration fee is charged during the year the vehicle is registered in the surviving spouse's name, provided the deceased had registered the vehicle and paid the annual fee. If the deceased had not paid the registration fee or failed to register the vehicle, the surviving spouse pays a pro rata registration fee for the remaining months of the year.

Documents Needed to Transfer a Rhode Island Car Title After Death

Common Documents

The specific documents required depend on the family relationship and whether an estate administrator or executor has been appointed. Generally, the following documents are necessary:

• Original death certificate (Rhode Island DMV will photocopy and return the original)
• Current motor vehicle registration in the deceased owner's name
• Original certificate of title in the deceased owner's name (required for vehicles model year 2001 and newer; for model year 2000 and older, required only if the vehicle was first registered on or after January 1, 2024; optional for model year 2000 and older registered before January 1, 2024, in which case proof of ownership such as old registration or paid sales tax form may be provided instead)
• Application for Registration (Form TR-1), completed and signed
• Proof of Rhode Island auto insurance (insurance company name, policy number, effective date, and expiration date)
• Valid identification of the person registering the vehicle (Rhode Island license or identification card)
• Gross Vehicle Weight Rating (GVWR) information, if available

If a Sole Heir Affidavit is being used (no probate, no surviving spouse):

• Sole Heir Affidavit form, properly completed and sworn under penalty of perjury
• Completed bill of sale or letter of gift; if from a non-immediate family member, the letter must be notarized

If an estate has been or will be probated:

• Original Notice of Appointment from probate court (letters testamentary, letters of administration, or equivalent court order)
• Title assigned by the executor or administrator

If using small estate procedure:

• Voluntary Executor Certification obtained from the local city or town hall
• Court order showing the distribution of the vehicle

If a vehicle is being transferred out of state or into Rhode Island:

• A valid proof of ownership (if the source state did not require a title) or the properly assigned title from the source state
• VIN Inspection from a local municipal police department

What if There Is a Loan on the Car?

If a financial institution or lienholder has a security interest in the vehicle, the lienholder's rights continue after the owner's death and are reflected on the certificate of title. The lien must be satisfied from estate funds or properly released before the title can be transferred free of the lien. If the vehicle is being transferred to a surviving spouse, the spouse may assume the loan or arrange for its satisfaction. The title transfer may include the lienholder's name if the lien is being assumed by the new owner, or the lienholder must execute a release once the loan is paid off. The DMV will update the title to reflect the current lien status based on the documentation provided.

Contact Information

Rhode Island Division of Motor Vehicles
600 New London Avenue, Cranston, RI 02920
Phone: (401) 462-4368
Official Website: Division of Motor Vehicles