How to Transfer a Car Title After Death in Alabama

When someone dies owning a vehicle in Alabama, the title remains in their name until someone legally transfers it. You can’t sell the car, register it in a new owner’s name, or even insure it properly until the title gets transferred out of the deceased person’s name.

Here’s exactly how to transfer a car title after someone dies in Alabama.

Does Every Death Require Probate for Vehicle Titles?

No. Alabama has two different processes for transferring vehicle titles from deceased owners, depending on whether the estate goes through probate.

If the estate is being probated or will be probated: The executor uses letters testamentary or letters of administration to transfer the title.

If the estate is not being probated and won’t be probated: The next of kin uses a Next of Kin Affidavit (Form MVT 5-6) to transfer the title.

Most families can use the simpler Next of Kin Affidavit process unless the estate requires probate for other reasons.

What If the Car Had Joint Ownership?

Joint ownership rules depend on how the names appear on the title.

• Names joined with “or” or “and/or”: The surviving owner becomes sole owner automatically when the other owner dies.
• Names joined with “and” or nothing between the names: Alabama presumes this means “and.” The deceased owner’s interest becomes part of their estate. The estate must transfer the title using either letters testamentary or the Next of Kin Affidavit, depending on whether probate is required.
• Both owners are deceased: The estate of the last surviving owner determines who inherits the vehicle.

Transferring Title With Probate (Letters Testamentary)

When an estate goes through probate, the executor or administrator has legal authority to transfer vehicle titles.

Required documents include:

• Original Alabama title properly assigned by the executor or administrator signing as “seller” on behalf of the estate
• Copy of letters testamentary or letters of administration issued by the probate court (some counties may require certified copies, so check with your county licensing office)
• Valid driver’s license or state ID for the new owner
• Proof of liability insurance for the vehicle
• Bill of sale if the vehicle is being sold rather than titled to an heir

The executor or administrator signs the title assignment using the same name style listed on the letters testamentary or letters of administration.

If there’s any variation in how the name appears on different documents, you’ll need a One and the Same Affidavit.

Transferring Title Without Probate (Next of Kin Affidavit)

When an estate doesn’t require probate, Alabama lets the next of kin transfer vehicle titles using Form MVT 5-6.

Required documents include:

• Original Alabama title properly assigned by the next of kin signing as “seller” on behalf of the deceased owner’s estate
• Completed Next of Kin Affidavit (Form MVT 5-6) available from the Alabama Department of Revenue
• Copy of the death certificate
• Valid driver’s license or state ID for the new owner
• Proof of liability insurance
• Bill of sale if selling the vehicle to someone outside the family

The Next of Kin Affidavit requires information about the deceased owner, the vehicle, and the next of kin who is handling the transfer.

The person signing as next of kin certifies under penalty of perjury that the estate doesn’t require probate and that all heirs agree to the transfer.

Who Counts as “Next of Kin” in Alabama?

Alabama law recognizes next of kin in priority order:

1. Surviving spouse
2. Children
3. Parents
4. Siblings
5. More distant relatives

The next of kin signing the affidavit doesn’t have to be the person receiving the vehicle. They’re just the family member with legal authority to handle the transfer on behalf of the deceased owner’s estate.

Where Do You Transfer the Title?

Take your documents to the county license plate issuing official’s office.

In Madison County, that’s the Madison County License Division.

You cannot transfer titles online or by mail when the owner is deceased. Someone must appear in person with all required documents.

The licensing official will inspect the paperwork, verify the VIN matches the title, collect fees, and process the transfer. If anything’s missing or incorrect, they’ll tell you what additional documents you need.

What If the Deceased Person Never Got the Title?

Sometimes people die after buying a vehicle but before completing the title transfer.

The vehicle still needs to be titled in the estate of the deceased owner first, then transferred to the heir or buyer.

Follow the same procedures described above, depending on whether probate is required.

You’ll need the previous owner’s signed title or manufacturer’s statement of origin showing transfer to the deceased person, even though they never completed getting an Alabama title in their name.

What If the Title is Lost?

If the original title is lost, you’ll need to get a duplicate title before you can transfer ownership.

• When using letters testamentary, the executor can apply for a duplicate title through the county licensing office.
• When using the Next of Kin Affidavit process, the next of kin can check the box on Form MVT 5-6 requesting a replacement title.

Either way, you still need all the other required documents, including the death certificate and proof of authority to act on behalf of the estate.

Should You Transfer the Title or Sell the Car?

This depends on your family’s needs and the estate’s debts.

Keep the vehicle in the family if an heir needs transportation and the estate can afford insurance and maintenance. Transfer the title directly to that family member.

Sell the vehicle if the estate needs cash to pay debts, funeral expenses, or distribute assets among multiple heirs. The executor or next of kin transfers title directly to the buyer.

Consider estate debts carefully. If the deceased owed significant debts, selling the vehicle and using the proceeds to pay creditors might be legally required before distributing anything to heirs.

Common Mistakes That Delay Title Transfers

Families make predictable errors that force multiple trips to the licensing office:

• Not checking county-specific requirements. Some counties require certified copies of documents, while others accept regular copies. Call ahead to verify what your county requires.
• Name mismatches on documents. If the deceased person went by “Bob” but legal documents say “Robert,” you need an affidavit explaining they’re the same person.
• Incomplete Next of Kin Affidavit. Every blank must be filled in. Missing signatures or dates get the form rejected.
• Trying to transfer title without probate when probate is required. If the estate is being probated or must be probated, you cannot use the Next of Kin Affidavit. You must wait for letters testamentary.
• Forgetting to sign the title properly. The executor or next of kin must sign in the “seller” section of the title assignment, not anywhere else.

Start the Car Title Transfer Process Now

If you’re dealing with a vehicle owned by someone who recently died in Alabama, don’t let it sit for months.

If probate isn’t required, download Form MVT 5-6 from the Alabama Department of Revenue, complete it carefully, and take everything to your county licensing office.

If probate is required, get letters testamentary first, then use those to transfer the vehicle title.

Either way, handle it promptly to protect the vehicle’s value and avoid legal complications.

Book your free 15-minute discovery call with Valley Estate Planning if you need guidance on whether probate is required.