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Deal with a vehicle in Pennsylvania
You need to continue regular car payments, maintain vehicle registration, and then transfer the car’s ownership. You cannot drive the car unless you have proper registration, and penalties will be charged if this is not done on time.
Vehicle Owned by Joint Owners with Right of Survivorship
If the vehicle is owned by joint owners with right of survivorship, vehicle ownership is automatically passed to the surviving owner, and the surviving owner(s) may apply for a new title. Ownership by spouses is a special type of joint ownership, though procedures for transferring a title with right of survivorship also apply to spouses. The following forms must be submitted to the DMV:
- Complete Form MV-39, “Notification of Assignment/Correction of Vehicle Title Upon Death of Owner”
- Attach an original death certificate or have the proper portion of form MV-39 completed by an attending physician or funeral director
- If the vehicle is registered, list the vehicle insurance company name, policy number, effective date, and expiration date on form MV-39
- Fee (refer to Form MV-70S)
Note: no fee is required if the vehicle was titled jointly in the names of husband and wife
Vehicle Owned Solely by the Deceased or by the Deceased and Another Person as Tenants in Common
Tenants in common indicates that upon the death of a co-owner, the deceased owner’s interest in the vehicle passes to the surviving heirs or estate.
A. Executor or Administrator is Appointed:
Submit the following forms:
- Title assigned by executor or administrator to the new owner
- Short Form Certificate (serves as evidence of executor or administrator appointment)
- A completed Form MV-4ST
- Fee (refer to Form MV-70S)
B. The Will is not Probated (no executor appointed):
This procedure may only be performed in the case that the will passes ownership of the vehicle to the surviving spouse, child/children, or parent(s). Submit the following forms:
- Certificate of title assigned by the surviving spouse or adult child or children or parent(s) to whom the vehicle was willed
- Copy of the will
- Form MV-39
- A completed Form MV-4ST
- Proof of Death: Attach an original death certificate or have the proper portion of form MV-39 completed by an attending physician or funeral director
- Fee (refer to Form MV-70S)
C. No Will – Surviving Spouse or Surviving Spouse and Children
If the deceased owner had no will, no appointed executor, and there is a surviving spouse or spouse and children, submit the following:
- Certificate of title assigned by surviving spouse and any children (of at least eighteen years)
- Form MV-39
- A completed Form MV-4ST
- Proof of Death: Attach an original death certificate or have the proper portion of form MV-39 completed by an attending physician or funeral director
- Fee (refer to Form MV-70S)
D. No Will – No Surviving Spouse and No Minor Heirs
If the deceased owner had no will, no appointed executor, no surviving spouse, and no minor heirs, submit the following:
- Certificate of title signed by all heirs in the following order:
- All adult children of the deceased or, if none;
- Parents of the deceased or, if none;
- Brothers and sisters of the deceased or, if none;
- Aunts and uncles (blood only) of the deceased or, if none;
- First cousins (blood only) of the deceased.
- Form MV-39
- A completed Form MV-4ST
- Proof of Death: Attach an original death certificate or have the proper portion of form MV-39 completed by an attending physician or funeral director
- Fee (refer to Form MV-70S)
E. No Will – Minor Heirs and No Surviving Spouse
If the deceased owner had no will, and there are minor heirs and no surviving spouse, submit the following:
- Certificate of title
- Letter of administration may be taken out by one or more heirs of legal age, if any, and the title may then be assigned by the administrator
- A guardian appointed by the Orphan’s Court for the minor heir(s) may assign the title along with any heir of legal age. A copy of the court order showing the appointment of the guardian must be attached. If there are heirs of legal age, Form MV-39 must be completed and attached
- A petition for distribution under the small estates procedure may be filed. The person to whom the vehicle is distributed in the court order must assign the title
- A completed Form MV-4ST
- Fee (refer to Form MV-70S)
F. Family Exemption
When a surviving spouse, child, or parent of the same household of the deceased claims a vehicle as the whole or part of the family exemption, they may assign the title to the new owner. The following must be submitted:
- Certificate of title assigned by the executor
- Affidavit of entitlement
- A completed Form MV-4ST
- Fee (refer to Form MV-70S)