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

When one of two co-owners listed on a Tennessee vehicle title dies, ownership transfer depends on how the names appear on the certificate of title and whether probate proceedings are initiated. Tennessee law requires that title and registration records be corrected to accurately reflect current ownership following a death. The surviving co-owner, estate representative, or heir must complete the appropriate transfer process through the county clerk's office.

Determine How the Names Appear on the Tennessee Car Title

Under Tennessee Code 55-3-118 and Tennessee Revenue Rule 1320-8-13-.02, the manner in which names are displayed on a vehicle title establishes the ownership structure. Tennessee recognizes both individual and joint ownership configurations, with different consequences following a co-owner's death.

If the Title Shows Survivorship Language

When two owners are listed on a Tennessee vehicle title joined by specific language indicating survivorship rights, such as "joint tenants with right of survivorship," the surviving co-owner acquires the deceased owner's interest by operation of law upon presentation of a death certificate. The survivor need not wait for probate or court involvement. Tennessee law treats titles indicating survivorship as creating an automatic transfer mechanism that bypasses estate administration for the vehicle in question.

If the Title Does Not Show Survivorship Language

When two owners are listed joined by "and" without survivorship language, or when no specific conjunction is indicated, Tennessee treats the ownership as tenants in common or joint owners without survivorship. In this configuration, the deceased owner's interest in the vehicle becomes part of the deceased owner's estate. The surviving co-owner does not automatically acquire the deceased owner's share. Instead, the vehicle interest must pass through the appropriate estate procedure established under Tennessee Code 55-4-101 and Tennessee Revenue Rule 1320-8-13-.02(2)(b), whether that involves probate administration, an affidavit of inheritance, or qualification for simplified succession.

Tennessee Car Title Rules After One Owner Dies

When a co-owner dies in Tennessee, the specific documentation and procedure required depend on whether the title contained survivorship language and whether the deceased owner's estate is subject to probate administration.

For titles with survivorship language, the surviving co-owner must present the existing title and a certified death certificate to the county clerk's office. The death certificate alone establishes the right to transfer ownership to the survivor or to direct the vehicle's disposition.

For titles held jointly with survivorship language, the deceased owner's interest passes to the heirs or designated recipients through the estate. The county clerk will not issue a new title until proper documentation of the succession—either from probate court or through an affidavit of inheritance—is presented.

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

The answer depends on the title language and the estate's value and composition.

If the title contains survivorship language, the vehicle does not go through probate. Survivorship rights operate automatically, and the surviving co-owner inherits the vehicle immediately upon the other co-owner's death. No probate involvement is necessary. The surviving co-owner needs only to present a death certificate to update the title.

If the title does not contain survivorship language, the deceased owner's interest becomes part of the estate. Tennessee offers multiple pathways depending on circumstances:

For estates with a valid will and an appointed executor, the executor will direct the transfer through formal probate. Tennessee requires that the certificate of title be assigned by the duly qualified executor or administrator with a certified copy of the letters of administration attached.

For intestate estates where no administration is contemplated, Tennessee permits transfer using an Affidavit of Inheritance (Form F-1310501) if the total estate value is $25,000 or less, or $50,000 if the decedent died after 2014. This affidavit procedure avoids probate and allows direct transfer to the heirs identified in the affidavit, provided all heirs mutually agree. The affidavit must describe the vehicle, note the date of the deceased owner's death, and state that the deceased left no will.

For surviving spouses specifically, Tennessee law provides an additional streamlined process that allows the spouse to claim the vehicle without regard to the estate's value under certain circumstances.

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

General Process

The transfer procedure varies depending on whether the deceased left a will, the estate value, and whether the title contained survivorship language.

For titles with survivorship language:

• Gather the current vehicle title and a certified death certificate.
• Present both documents to the county clerk's office.
• Complete any required application form for the new title in the surviving owner's name.
• Pay applicable fees and receive the new title.

For intestate estates using an Affidavit of Inheritance:

• Wait a reasonable period after death (typically at least 45 days, though not strictly required by statute for vehicle transfers).
• Obtain a certified death certificate.
• Have all heirs and next of kin complete the Affidavit of Inheritance (Form F-1310501) and have it notarized.
• Gather the current vehicle title.
• Present the affidavit, death certificate, and title to the county clerk's office.
• Designate one heir to receive ownership of the vehicle as stated in the affidavit.
• Pay applicable fees.

For probated estates:

• File the will and petition for probate with the circuit court or probate court in the appropriate county.
• Await appointment of an executor or administrator by the court.
• Obtain certified letters testamentary or letters of administration from the court.
• Have the executor or administrator assign the vehicle title on the back as directed by the court order.
• Present the probate court documentation, assigned title, and death certificate to the county clerk's office.
• Pay applicable fees for the new title.

Applicable Fees

Tennessee fee structures for vehicle title transfers following a death are established by county, with the state setting minimum standards. Common fees include:

County clerks' offices may charge additional administrative or processing fees. Applicants should contact the county clerk's office in the vehicle owner's county of residence for current fee schedules and accepted payment methods.

Surviving Spouse

Under Tennessee law, a surviving spouse who acquires ownership of a vehicle from a deceased spouse may apply for a new title in the spouse's name at no charge if the application is filed within one year of the deceased spouse's death. After the one-year period expires, standard title and registration fees apply. No separate affidavit or probate order is required for a surviving spouse to claim the vehicle as part of the surviving spouse's allowance under Tennessee's family property exemptions. The surviving spouse presents the existing title, a certified death certificate, and an application to the county clerk's office to receive the new title.

Documents Needed to Transfer a Tennessee Car Title After Death

The required documents depend on whether the deceased left a will, the value of the estate, and whether the title contains survivorship language.

Common Documents

The following documents are typically required:

• The current vehicle certificate of title
• An original or certified copy of the death certificate
• For survivorship titles: No probate documentation needed
• For intestate estates using an affidavit: Notarized Affidavit of Inheritance (Form F-1310501) completed and signed by all heirs
• For probated estates: Certified letters testamentary, letters of administration, or equivalent court order from the probate court; the existing title properly assigned by the executor or administrator
• Application for new title (county clerk office may provide form, or standard title application)
• Valid identification of the person applying for the new title
• Odometer disclosure statement, if required by the county clerk
• Any lienholder release documents if the vehicle loan has been satisfied
• Proof of payment of any applicable fees

What if There Is a Loan on the Car?

If the vehicle is subject to an outstanding loan or lien, the lienholder's name and interest appear on the certificate of title. The lien does not prevent title transfer upon a co-owner's death; however, the lienholder's interest must be carried forward to the new title. The applicant should present the current title showing the lien, along with all other required documents, to the county clerk so that lien information can be accurately reflected on the new certificate.

If the loan has been paid off prior to the title transfer, the lienholder must provide a lien release document. This release should be submitted with the title transfer application to the county clerk, who will issue a clear title without any lienholder notation.

The death of a co-owner does not affect the borrower's ongoing obligation to the lender. The loan obligation remains with the party that borrowed the money. If the title passes to a different person through inheritance, that person receives the vehicle subject to any existing lien and may become responsible for the debt if they choose to keep and register the vehicle, depending on the specific loan terms and applicable state law.

Contact Information

Tennessee Department of Revenue, Motor Vehicle Services Division
500 Deaderick Street, Nashville, TN 37242
Phone: (615) 741-3101
Official Website: Tennessee Department of Revenue