How Do I get Title to a House and Car in Probate?

Dear Mr. Wolfe:

My spouse died in Ohio, leaving behind our home and two cars. My name was not on the title to the house or either of the cars, so I would not be responsible for payment. But now, I need to transfer title of the cars and house into my name.

— Mary S.

 

First, Mary, I'm sorry to hear about the loss of your husband. Unfortunately, this is not an uncommon situation, as women tend to outlive men.

Get Title to the House in Probate

Hopefully, your house is owned under a joint and survivorship deed, and title will easily transfer to you as the joint owner. An attorney has to prepare an affidavit of heirship, also known as an affidavit of survivorship. This document is recorded with the county recorder along with the death certificate, which transfers the property to you.

Another possibility is that your husband recorded a Transfer on Death (TOD) Affidavit. In this case, as above, an attorney must prepare an affidavit of heirship. This document is recorded with the county recorder along with the death certificate, which transfers the property to you.

Even if your husband did not use either of these estate planning tools prior to his death, the house will still probably pass to you under the terms of your husband's Last Will and Testament. And if your husband died without a Will, or intestate, the home will most likely pass to you under the laws of intestacy.

Whether through proper planning, the use of a Will, or the laws of intestacy, as the surviving spouse, you should still inherit the house.

In all of the above scenarios, you must keep the mortgage payments current if you plan to keep the home. DO NOT call the mortgage company and tell them your spouse has died. Doing so could trigger an acceleration of the payments due.

Obtaining Title to the Car After the Death of a Spouse

A married Ohio resident may transfer up to two motor vehicles, valued up to $40,000, to a surviving spouse. One watercraft and one outboard motor can also be transferred in the same way.

Vehicles can also be transferred according to a Last Will and Testament or Transfer on Death (TOD) Affidavit previously filed at the Ohio Bureau of Motor Vehicles. This form is available here at the BMV website, and requires a social security number of the beneficiary. If you would like to avoid probate and name a beneficiary for your car, take the completed form and your title to the BMV.

Once you have either a court order, or you are the surviving spouse or designated beneficiary, vehicle title transfer must be accomplished at the Ohio Bureau of Motor Vehicles, through the local clerk of courts title office. When you go to the title office, make sure you have the following documents with you:

• your identification, such as a driver's license or state ID that proves your full name, date of birth, social security number, Ohio residency, and proof of citizenship or legal residence
• certified copy of the death certificate, which can be obtained from the Ohio Department of Health for $21.50, or from the county where the person died
• Application(s) for Certificate of Title to a Motor Vehicle (Form BMV 3774)
• Original Ohio Certificate of Title number
• Surviving Spouse Affidavit (form BMV 3773) listing the vehicle make, model, year, body type, vehicle identification number (VIN), and value of the vehicle
• payment for title fees
• court orders, if car transferred in probate

Vehicle transfer does not affect any liens on the vehicle. If there is a lien on the vehicle, it will be carried forward, and the new owner must assume responsibility for the lien.

If you have questions about title transfers in Ohio, contact an Ohio probate attorney at Wolfe Legal Services today. I work with people throughout the greater Columbus area, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware and Newark, and throughout Franklin County, Delaware County, Union, and Licking County. Call (614) 263-5297 any time or complete our online form.