Transferring a vehicle title after the death of a loved one can seem complicated, but with the right information, the process becomes manageable. In Illinois, the procedure varies depending on whether the estate is being probated and whether the vehicle was owned solely or jointly. Here’s a guide to help you navigate the process.

Vehicle Title Transfer After Death

When a vehicle owner passes away, the title transfer process depends on the ownership structure and whether the estate is going through probate. Here’s what you need to know:

1. Title in Decedent’s Name

Probated Estate

If the estate is not being probated and the total value of the decedent’s personal estate is under $100,000, the Small Estate Affidavit procedure applies. The required documents are:

• Certified copy of Letters of Administration or Testamentary – showing the name of the estate’s legal representative.
• Decedent’s title – Assigned by the legal representative of the estate.
• Application for Vehicle Transaction(s) (VSD-190) – The current odometer reading must be included, and the appropriate box marked either “actual,” “not actual,” or “in excess of mechanical limits”, (if the odometer rolled over).
• Title and registration fees – Payable to the Secretary of State.
• Proof of Motor Vehicle Use Tax compliance (RUT-50) – Taxes must be paid to the Illinois Department of Revenue, but submitted to the Secretary of State.

Small Estate

If the estate is not being probated and the total value of the decedent’s personal estate is under $100,000, the Small Estate Affidavit procedure applies. The required documents are:

• Small Estate Affidavit indicating the vehicle’s year, make, and vehicle identification number. The affiant does not have to be an heir or legatee. If there is a will, a certified copy also must be submitted.
• Decedent’s title – does not need to be assigned.
• Copy of death certificate or abstract.
• Application for Vehicle Transaction(s) (VSD-190). The current odometer reading must be indicated on the application and the appropriate box marked either “actual,” “not actual,” or “in excess of mechanical limits” (odometer rolled over).
• Title and registration fees payable to Secretary of State.
• Proof of compliance with the Motor Vehicle Use Tax (RUT-50) and appropriate taxes payable to the Illinois Department of Revenue but submitted to the Secretary of State with the above documents and fees .

• Attorney’s Affidavit on the attorney’s letterhead stating:
  (a) Name and last address of the decedent;
  (b) Date of death;
  (c) Year, make, and vehicle identification number (VIN) of the vehicle;
  (d) Who the vehicle is being transferred to and the relationship to decedent, if any; and
  (e) Other pertinent facts relating to the transfer of the vehicle.
• Copy of death certificate or abstract.
• Decedent’s title.
• Application for Vehicle Transaction(s) (VSD-190). The current odometer reading must be indicated on the application and the appropriate box marked either “actual,” “not actual,” or “in excess of mechanical limits” (odometer rolled over).
• The applicable title and registration fees payable to Secretary of State.
• Proof of compliance with the Motor Vehicle Use Tax (RUT-50) and appropriate taxes payable to Illinois Department of Revenue but submitted to the Secretary of State with the other documents and fees.

2. Jointly Owned Vehicles

A title in the names of two or more persons is considered a joint tenancy. By law, upon the death of one of them, the surviving joint tenant(s) becomes the owner(s) of the vehicle. Within 120 days after the decedent’s death, the surviving joint owner(s) must apply for a title in their own name(s) unless transferring the title to someone else. In either case, the following must be submitted:

Surviving Joint Owner

If the surviving owner is keeping the vehicle, the following documents are required:

• Copy of death certificate or abstract.
• Original title (jointly owned) must be surrendered and need not be assigned.
• Application for Vehicle Transaction(s) (VSD-190) marked “CORRECTED TITLE” to have the decedent’s name removed from the title. The current odometer reading must be indicated on the application and the appropriate box marked either “actual,” “not actual” or “in excess of mechanical limits” (odometer rolled over).
• If the applicant plans to operate the vehicle, an Application for Vehicle Transaction(s) (VSD-190) to correct the registration must be submitted in addition to applying for a corrected title. A current registration can be assigned to the surviving joint owner.
• $50 title fee and, if applicable, $3 corrected registration fee payable to Secretary of State.
  * Note: Corrected title applications involving the removal and/or removal and addition of an owner’s name due to death require a special $15 corrected title fee, and if applicable, a $3 corrected registration.

Surviving Joint Owner Transferring Title to Another Individual

If the surviving joint owner is selling the vehicle, the following steps must be completed:

• Copy of death certificate or abstract.
• Original title (jointly owned) properly assigned by the surviving owner(s) transferring the vehicle to the buyer. The current odometer reading must be certified on the assignment of title.
• Buyer must submit the assigned title and completed Application for Vehicle Transaction(s) (VSD-190). The current odometer reading must be indicated on the application and the appropriate box marked either “actual,” “not actual,” or “in excess of mechanical limits” (odometer rolled over).
• The applicable title and registration fees payable to Secretary of State.
• Proof of compliance with the Motor Vehicle Use Tax (RUT-50) and appropriate taxes payable to Illinois Department of Revenue but submitted with the above documents and fees to the Secretary of State.

3. Lost Titles and Transfers

If a title is lost, it is not necessary to apply for a duplicate title. However, the decedent must be the vehicle’s recorded owner within this office’s records. Instead of the actual certificate of title, evidence of ownership is necessary in place of the actual certificate of title.

The record of ownership will be authenticated before any conveyance. An affidavit indicating that the title has been lost and a statement explaining the transfer of the vehicle also must be submitted.

In cases where the Small Estate Affidavit or Attorney’s Affidavit procedure is applicable, the statement may be included in those affidavits. In cases where the letter of administration procedure is applicable, a statement about the lost title also must be included. The statement must list the vehicle’s year, make, model, VIN, and the new buyer’s name, if applicable, and be signed by the executor.

4. Title and Registration Fees

Document	Applicable Fee
Certificate of Title	$165
ATV or Off-highway motorcycle Certificate of Title	$30 (if used for production agriculture, the fee is $13)
Corrected Title	$50
Salvage Certificate	$20
Junking Certificate	NO FEE

Surviving joint owners and surviving spouses do not need to pay vehicle registration fees until the current registration expires. If the surviving spouse is not listed as a joint owner on the decedent’s title and a corrected vehicle registration ID card is requested, a copy of the death certificate is required to show marital status. The fee for a corrected card is $3. All other buyers operating the vehicle must register it in their names upon transfer of the vehicle.

Title and registration fees may be combined in one check or money order payable to Secretary of State.

5. Motor Vehicle Use Tax

The transfer of a motor vehicle involving an estate (excluding those transfers of ownership involving joint ownership or a surviving spouse) is subject to Motor Vehicle Use Tax. A RUT-50 tax form must be completed in all cases except for a joint owner. Taxes specified on the form must be made payable to the Illinois Department of Revenue but submitted to the Secretary of State with the above forms. For more information about motor vehicle taxes, please call the Illinois Department of Revenue at 800-732-8866 or 217-782-3336.

6. Where to Apply

Applications may be obtained from most Secretary of State facilities in Illinois or by calling 800-252-8980 or 312-793-1010.
Applications may be made in person at:

• Most Secretary of State DMV facilities
• Customer Service Centers in Springfield:
  — 108 Howlett Bldg., 501 S. Second St.
  — 2701 S. Dirksen Pkwy.
• Any Secretary of State branch office in Chicago:
  — 100 W. Randolph
  — 5401 N. Elston Ave.
  — 9901 S. King Dr.
  — 5301 W. Lexington

Applications may be mailed along with any required documents and a check, draft, or money order (DO NOT SEND CASH) to:

Office of the Secretary of State
Vehicle Services Department
055 Howlett Building
501 S. Second St.
Springfield, IL 62756

Conclusion

Transferring a deceased person’s vehicle title in Illinois can be a straightforward process when you have the right information and documents. Whether the estate is being probated or not, following the outlined steps will help ensure a smooth transfer. If you’re unsure about any part of the process, consult with a probate attorney or your local Secretary of State office for guidance.

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