Would you like to know two ways you can change title to a car owned by a person who died, without going through an Oklahoma probate?
If your answer is “yes”, you have found the right post.
I have written volumes on this blog about Oklahoma estate planning and a lesser amount about addressing the situation where someone died without doing estate planning. I would like to provide a few cleanup tools that can used to avoid probate even after someone didn’t do Oklahoma estate planning.
There are two options that may apply for changing title to a car owned by someone who died with going through Oklahoma probate.
Oklahoma No Administrator Affidavit.
My experience has been that most tag agents will transfer title to vehicle following a person’s death when the No Administrator Affidavit is provided. I wrote about this Affidavit on this blog post. This document will generally allow title to a car to be transferred if:
- A properly completed No Administrator Affidavit is provided;
- A certified copy of the death certificate is provided; and
- The facts are such where the person asking for the change in title (ostensibly to themselves) has a clear right to receive the vehicle.
Oklahoma Small Estate Affidavit.
The other option is the Oklahoma Tax Commission’s Small Estate Affidavit. This document is used to transfer the ownership of a vehicle when:
- The car is given to someone in a last will and testament,
- The total value of the estate is not greater than $20,000.00, and
- The person who is given the car in the last will and testament must sign the Oklahoma Small Estate Affidavit.
There are no guaranties of course; even when you think you have done everything correctly, the transfer of title still doesn’t happen. If you run into this type of issue, give me a call or an email.