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

When one of two owners listed on a New Jersey vehicle title dies, the transfer process depends primarily on whether both owners' names appear on a single title with survivorship language and whether the vehicle was subject to a transfer-on-death beneficiary designation. New Jersey recognizes several forms of joint ownership, each with distinct legal consequences for the surviving co-owner. The Motor Vehicle Commission (MVC) requires all title and registration documents to be updated promptly to reflect the current lawful owner, and this update must occur in person at a licensed vehicle center.

Determine How the Names Appear on the New Jersey Car Title

The form of ownership on the vehicle title in New Jersey determines what happens to the vehicle upon the death of one owner. The form of ownership may involve tenants in common, tenants by the entirety (for married or domestic partners), or joint tenants with right of survivorship. These forms determine whether the surviving owner automatically becomes the sole owner or whether the deceased owner's share is added to the estate.

If the Title Shows Survivorship Language

If both owners' names are listed as joint tenants with right of survivorship or tenants by the entirety, the surviving owner becomes the sole owner by operation of law upon the death of the co-owner. No probate proceedings or court involvement are required. The surviving owner must present the current title, a certified copy of the death certificate, and a notarized Affidavit of Surviving Spouse (Form BA-62) to update the title at a Motor Vehicle Commission agency. A surviving spouse or domestic partner relationship must be documented with a raised seal from the County Surrogate's office of the county in which the deceased resident lived at the time of death.

If the Title Does Not Show Survivorship Language

If the title lists the two owners as tenants in common with no survivorship language, the deceased owner's share passes to the deceased owner's estate rather than automatically to the surviving co-owner. The title cannot be transferred until the estate process is completed, whether through full probate or through a small estate affidavit procedure recognized by the County Surrogate's office.

New Jersey Car Title Rules After One Owner Dies

New Jersey requires title records to reflect the current legal owner. The specific procedure depends on whether the vehicle is titled with survivorship rights, has a transfer-on-death beneficiary designation, or is held as tenants in common.

Under N.J.S.A. 39:3-30.1b, an individual or multiple co-owners may designate a beneficiary or beneficiaries to receive the vehicle upon death. A vehicle titled with a transfer on death beneficiary designation passes directly to the named beneficiary outside the estate process. The beneficiary has no interest in the vehicle until the owner's death.

When the title is in both spouses' or domestic partners' names, the surviving owner submits the current title properly signed and completed, a copy of the death certificate, and the notarized Affidavit of Surviving Spouse (Form BA-62) to complete the transfer. The title fee of $60 applies. If the vehicle registration must also be updated, the existing registration can be transferred to an immediate family member for an additional $4.50.

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

Probate requirements depend on the form of ownership and the value of the estate.

A vehicle titled with survivorship rights does not enter probate. The surviving owner automatically becomes the sole owner, and the transfer is completed outside the probate system through the affidavit procedure.

A vehicle titled as a transfer-on-death does not enter probate. The named beneficiary receives the title directly upon presenting the beneficiary designation form, the title, the death certificate, and the Universal Title Application to the Motor Vehicle Commission.

When a vehicle is held as tenants in common (without survivorship), the deceased owner's share enters the estate. New Jersey law recognizes small estate procedures when the total estate value falls below certain thresholds. If a surviving spouse, domestic partner, or civil union partner exists and the estate does not exceed $50,000, the surviving spouse may use an Affidavit of Surviving Spouse, which must include the raised seal of the County Surrogate. If heirs exist but no surviving spouse, domestic partner, or civil union partner exists, and the estate does not exceed $20,000, the title may be transferred using an Affidavit of Next of Kin from the County Surrogate.

When the estate value exceeds these thresholds, a full probate proceeding is required. The executor or administrator must provide either letters testamentary, letters of administration, or an equivalent court order to transfer title.

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

Title transfers must be processed in person at a Motor Vehicle Commission vehicle center. The Motor Vehicle Commission requires an appointment before visiting a center.

General Process

The first step is to review the current title and determine the form of ownership and whether a transfer-on-death beneficiary designation was completed. Next, gather the current title and all supporting ownership documents, including the death certificate. If the vehicle is jointly titled in both spouses' or domestic partners' names, submit the current title signed and completed by the surviving owner and a notarized Affidavit of Surviving Spouse (Form BA-62) with the County Surrogate's raised seal.

If the estate is being probated, provide letters testamentary, letters of administration, or an equivalent court order from the Surrogate's Court showing the executor or administrator's authority. The title application must be completed, and the title transfer fee paid. If the estate has not been and will not be probated and falls within the small estate threshold, provide the appropriate affidavit from the County Surrogate along with the death certificate.

Submit all documents and applications through the county motor vehicle center or other designated agency. The existing registration can be transferred to an immediate family member for $4.50 if a new registration is not needed.

Applicable Fees

Additional registration fees apply to electric vehicles. Zero-emission vehicles are subject to an annual fee of $250 (increasing annually for four years).

Surviving Spouse

When a surviving spouse, domestic partner, or civil union partner holds joint title with the deceased spouse and both names appear on the title, the surviving spouse uses the Affidavit of Surviving Spouse (Form BA-62) to transfer title. This form must include the raised seal of the County Surrogate of the county where the decedent lived at the time of death. The affidavit certifies the survivorship relationship and that the relationship was continuous until the death of the decedent. The $60 title fee applies.

Documents Needed to Transfer a New Jersey Car Title After Death

The exact documents required depend on how the vehicle is titled, whether a transfer-on-death beneficiary exists, and whether the estate is probated.

Common Documents

• Current certificate of title (if available)
• Certified copy of the death certificate
• Valid government-issued photo identification
• Affidavit of Surviving Spouse (Form BA-62) if jointly titled with survivorship, with the raised seal of the County Surrogate of the county where the decedent lived
• Letters testamentary, letters of administration, or equivalent court order from the County Surrogate if the estate is being probated
• Affidavit of Next of Kin from the County Surrogate if the estate has not been and will not be probated and falls under the $20,000 threshold
• Transfer on Death Beneficiary Form if a transfer on death beneficiary was designated
• Universal Title Application (Form OS/SS-UTA) to complete the transfer
• Any additional ownership records required by the Motor Vehicle Commission

What if There Is a Loan on the Car?

If the vehicle has a recorded lien, the lienholder's name and information must match the information on the supporting title record when the new title is applied for. The applicant should present both the old title and all lien-related documents to the Motor Vehicle Commission so the ownership transfer and lien information can be reviewed together.

Under New Jersey law, liens noted on the decedent's title must be paid before a new title is issued, unless the lien is being transferred to the sole owner. The owner should contact the lending institution directly to confirm the lien status and obtain any required documentation confirming that the lien has been satisfied or will be transferred.

Contact Information

New Jersey Motor Vehicle Commission
225 East State Street, Trenton, New Jersey 08666
Phone: (609) 292-6500
Official Website: New Jersey Motor Vehicle Commission