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

When one co-owner of a vehicle registered in Washington dies, the process for transferring ownership depends on whether the vehicle was held in joint tenancy with rights of survivorship or in another form of ownership. Under Washington's vehicle title rules, the surviving owner, estate representative, or heir must update the vehicle title to reflect the current legal ownership. Washington recognizes specific survivorship provisions that allow direct transfer in certain circumstances without probate, while other ownership structures require court involvement or affidavit procedures to complete the transfer.

Determine How the Names Appear on the Washington Car Title

The manner in which co-owners are identified on a Washington certificate of ownership determines the rights of ownership that pass upon the death of one owner. Washington law establishes distinct ownership structures, with significant implications for the transfer process following a co-owner's death.

If the Title Shows Survivorship Language

When a vehicle title explicitly shows two or more owners in "joint tenancy with rights of survivorship," sometimes abbreviated on the certificate as "JTWROS," the surviving owner automatically acquires sole ownership through operation of law upon the deceased owner's death. In such cases, the entire vehicle interest passes directly to the surviving co-owner without requiring probate proceedings. Under WAC 308-56A-335, the surviving owner may apply for a corrected certificate of ownership in their name by presenting the existing title and an authenticated copy of the death certificate to a vehicle licensing office.

If the Title Does Not Show Survivorship Language

When a vehicle is titled in the sole name of a deceased owner, or when multiple owners do not have survivorship language recorded on the certificate, the deceased owner's interest becomes part of the probate estate or is subject to the rules governing non-probate transfer. In these circumstances, ownership cannot pass directly to surviving co-owners or other family members. Instead, the transfer must proceed through probate administration, small estate proceedings, or by using an Affidavit of Inheritance/Litigation, depending on the estate's structure and value. The vehicle may be titled in the name of the deceased's estate pending final settlement or transferred to the proper heir or beneficiary once the appropriate court documentation is obtained.

Washington Car Title Rules After One Owner Dies

Washington State Department of Licensing requires that vehicle titles be corrected promptly following a co-owner's death to ensure records reflect the true owner. When a co-owner with joint tenancy and survivorship rights dies, the surviving owner holds sole title by law, and the certificate of ownership must be updated to remove the deceased owner's name. All such updates must be submitted to a vehicle licensing office or completed by mail, with supporting documentation that includes an authenticated death certificate.

For vehicles not held in joint tenancy with survivorship rights, the deceased owner's share remains subject to probate or non-probate transfer procedures governed by Washington estate law. WAC 308-56A-335 specifies that the vehicle may be titled in the name of the estate of the deceased pending final settlement or released by a personal representative and transferred into the name of a new owner, depending on the circumstances.

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

The probate requirement is determined by the vehicle's ownership structure and the total value of the decedent's estate. If the vehicle is titled in joint tenancy with rights of survivorship, probate is not necessary. The surviving owner simply presents the certificate of ownership and an authenticated death certificate to a vehicle licensing office to complete an Application for Certificate of Title. This process avoids the probate system entirely.

For vehicles held solely in the deceased owner's name or without survivorship language, probate may be required. However, Washington provides alternatives to full probate administration for smaller estates. According to RCW 11.02.005, if a personal representative has been appointed by the court, that representative may sign to release the deceased owner's interest in the vehicle, allowing transfer to the appropriate heir or new owner. If no personal representative has been appointed and the estate circumstances permit, an heir or beneficiary may use an Affidavit of Inheritance/Litigation along with an authenticated death certificate to transfer the vehicle without formal probate. The Affidavit of Inheritance is notarized by the heir and submitted to a vehicle licensing office with the current title and death certificate.

Additionally, Washington recognizes community property interests for vehicles owned by spouses. When a married couple owns a vehicle, and one spouse dies, the surviving spouse may hold a community property interest in the vehicle, which can be transferred by presenting community property documentation along with the death certificate.

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

General Process

The steps for transferring a vehicle title after a co-owner dies differ based on whether the vehicle was held in joint tenancy with survivorship rights. For a surviving joint owner, the process is straightforward and does not require involvement of the probate court. For vehicles held in other ownership structures, the process depends on whether a personal representative is appointed or an affidavit procedure is used.

For a surviving joint owner, the transfer begins with gathering the current certificate of ownership, an authenticated copy of the death certificate, and a completed Vehicle Title Application. The surviving owner then presents these documents to any vehicle licensing office in Washington. The license agent will notarize the application if the owner signs in front of the agent; otherwise, the application must be notarized separately before submission. The surviving owner must provide valid photo identification. The new title will be mailed within 6-8 weeks. If an immediate title is needed, a Quick Title service is available for an additional $50 fee, providing the title the same day in person or within a few business days by mail.

For vehicles registered in a deceased owner's sole name or without survivorship rights, the process depends on whether a personal representative has been appointed. If a personal representative exists, the representative must provide a copy of the court order appointing or confirming the personal representative, along with the Vehicle Title Application signed by the personal representative, the original death certificate, and the current title. If no personal representative is appointed and the estate qualifies for a non-probate transfer, an heir or beneficiary completes an Affidavit of Inheritance/Litigation, which must be notarized or signed before a vehicle licensing agent. The affidavit is submitted with the current title, an authenticated death certificate, an Odometer Disclosure Statement, and the Vehicle Title Application to a vehicle licensing office.

All completed applications may be brought in person to a vehicle licensing office or mailed to any office with payment of applicable fees. Processing time for a standard title by mail is 6-8 weeks.

Applicable Fees

The following fees apply when transferring or correcting a vehicle title in Washington after a co-owner's death:

Additional fees may apply depending on vehicle weight, use tax calculations, and other factors. Vehicle licensing agents can provide a full fee estimate at the office. Payment may be made by cash, check, credit card, or debit card; credit card payments incur a 3% fee or a flat fee of $2.25-$3, depending on the transaction amount.

Surviving Spouse

Washington does not provide a separate or expedited title transfer procedure specifically for surviving spouses beyond the general survivorship and probate rules. However, Washington recognizes community property interests in vehicles owned by spouses. If both spouses held the vehicle in joint tenancy with rights of survivorship, the surviving spouse may transfer the title into their sole name by presenting the certificate of ownership, an authenticated death certificate, a completed Vehicle Title Application, and valid identification to a vehicle licensing office. If the vehicle was held as community property or in the sole name of the deceased spouse, the surviving spouse may use either a community property agreement (if one exists) or proceed through probate or affidavit procedures using the same documents and methods available to other heirs.

Additionally, Washington law provides that if a vehicle is transferred to a surviving spouse, the spouse may retain the existing license plates without replacement, provided the spouse was listed on the vehicle registration as the deceased owner.

Documents Needed to Transfer a Washington Car Title After Death

The documents required depend on whether the vehicle was held in joint tenancy with survivorship rights, in a deceased owner's sole name, as community property, or in a trust.

Common Documents

For a surviving joint owner:

• The current certificate of ownership, showing both the deceased and the surviving joint owner
• An authenticated or certified copy of the death certificate issued by a government entity
• A completed Vehicle Title Application signed by the surviving owner in front of a licensing agent or notarized separately
• Valid photo identification of the surviving owner
• Proof of Washington residency

For a vehicle in an administered estate (with a personal representative appointed by the court):

• A copy of the court order appointing or confirming the personal representative, which may be a letter of testamentary, letter of administration, or certificate of the county clerk
• The completed Vehicle Title Application signed by the personal representative
• The original death certificate
• The current certificate of ownership
• An Odometer Disclosure Statement (if the vehicle model year is 2011 or newer)
• Valid identification of the personal representative

For a vehicle in a non-administered estate (without a personal representative):

• A completed Affidavit of Inheritance/Litigation, notarized or signed before a vehicle licensing agent
• An authenticated or certified death certificate
• The current certificate of ownership
• An Odometer Disclosure Statement (for vehicles manufactured in 2011 or newer)
• A completed Vehicle Title Application
• Valid identification of the heir or beneficiary

For a vehicle held as community property:

• A certified copy of the death certificate
• A copy of the community property agreement (if available)
• The current certificate of ownership
• The completed Vehicle Title Application
• Valid identification of the surviving spouse

For a vehicle held in a trust:

• A certified copy of the death certificate
• A copy of the trust agreement or certification showing the name of the trust, trustor, trustee, and beneficiary
• The current certificate of ownership
• The completed Vehicle Title Application
• Valid identification of the trustee or beneficiary

What if There Is a Loan on the Car?

If the vehicle has a recorded lien, the lienholder information shown on the existing certificate of ownership must remain on the new title. The heir or surviving owner must verify that the lienholder's name and details match the current title records before submitting the application to a vehicle licensing office. The lien holder does not need to sign off on the transfer if the vehicle's ownership is changing only by name, as the lien remains against the vehicle regardless of who holds title.

If the loan has been paid off before the title transfer, the applicant should provide documentation from the lender showing that the lien is satisfied. This may include a lien release letter from the financial institution or the original title stamped or marked by the lender indicating satisfaction of the lien. Once lien satisfaction is documented, a new title will be issued without the lien notation.

Contact Information

Washington State Department of Licensing
PO Box 9030, Olympia, WA 98507-9030
Phone: (360) 902-3770
Official Website: Department of Licensing