Transferring a Car After Someone Dies in South Carolina
How to transfer a vehicle title after the owner dies in South Carolina, from the official motor vehicle agency.
Short answer: SCDMV rules: if the title has a Transfer on Death designation, the surviving beneficiary presents a death certificate showing the beneficiary survived all owners and follows the normal titling process. S.C. Code § 62-6-401; SCDMV, Inheriting a Vehicle
| Transferring a car after death | SCDMV rules: if the title has a Transfer on Death designation, the surviving beneficiary presents a death certificate showing the beneficiary survived all owners and follows the normal titling process. If the title lists owners with an 'or' relationship, the surviving owner may act as if the deceased owner were not on the title; with an 'and' relationship, the survivor must follow the probate court's direction. A personal representative presents the probate court certificate of appointment and signs the title as seller with '(PR)' beside the name (or also as buyer to title it in the PR's name). If you are not on the title, the probate court must direct SCDMV, either through a PR or a small estate affidavit issued by the court (which only allows titling in the named person's name). SCDMV generally does not accept wills for titles. |
|---|
More South Carolina estate law
- Medical Power of Attorney in South Carolina
- Small Estate Affidavit in South Carolina
- Power of Attorney in South Carolina
- Quitclaim Deeds and Transferring Property in South Carolina
- Who Inherits If You Die Without a Will in South Carolina
- How to Make a Valid Will in South Carolina
- How Probate Works in South Carolina
- Living Wills and Advance Directives in South Carolina
- Revocable Living Trusts in South Carolina
- Executor Duties in South Carolina
- Letters Testamentary in South Carolina
- Affidavit of Heirship in South Carolina
- How to Avoid Probate in South Carolina
- All South Carolina wills, probate and estate rules
FAQ
How do I transfer a car title after someone dies in South Carolina?
SCDMV rules: if the title has a Transfer on Death designation, the surviving beneficiary presents a death certificate showing the beneficiary survived all owners and follows the normal titling process. If the title lists owners with an 'or' relationship, the surviving owner may act as if the deceased owner were not on the title; with an 'and' relationship, the survivor must follow the probate court's direction. A personal representative presents the probate court certificate of appointment and signs the title as seller with '(PR)' beside the name (or also as buyer to title it in the PR's name). If you are not on the title, the probate court must direct SCDMV, either through a PR or a small estate affidavit issued by the court (which only allows titling in the named person's name). SCDMV generally does not accept wills for titles.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.