This is the next article in our series on property inheritance and probate procedure in Oklahoma. In the last article, we discussed the difference between probate and non-probate assets. The focus of this article is narrow because it involves the retitling of an inherited vehicle in your name.

Trying to handle estate matters while grieving is emotionally challenging. Niroula Law is here to help you navigate the affairs of your loved ones after their passing. Contact us online or by phone to get in touch with an estate planning law firm and speak to a probate attorney.

Inheriting a car in Oklahoma: How to retitle the vehicle without probate?

In Oklahoma, all assets passing through a will or intestacy (no-will) must go through probate, unless the decedent’s assets qualify as a “small estate.” If the total value of the decedent’s probate asset is less than $50K, then the estate qualifies for a small estate affidavit instead of probate.

If no probate is pending, then there are two ways to transfer the title to the vehicles:

First, an estate qualifying as a “small estate” and with a valid will may use a Motor Vehicle Small Estate Affidavit for the disposition of a vehicle under 58 O.S. §393. The affidavit must state that you are the successor in interest and a named beneficiary of the vehicle in the will, and it must be signed and certified by you. Be sure to include a copy of the decedent’s death certificate, the un-probated will, and the title to the vehicle. It may be then presented at a tag agency for re-titling.

Second, an estate that qualifies as a “small estate” and without a valid will allows motor vehicle transfer using a No Administrator Affidavit.  To execute this document, you must be related to the decedent, there must be no pending probate proceeding, and the vehicle must not be bequeathed to anyone by will – so that no other party has a superior claim. Be sure to include the death certificate of the decedent, and the title to the vehicle when you present it to a tag agency.

Inheriting a car in Oklahoma: How to retitle the vehicle with probate?

If a vehicle was bequeathed to you in a will, the will must undergo probate and be accepted by the Court. Alternatively, if the decedent passes away without a will, the estate must still go through probate, unless the estate qualifies as a small estate. Following the probate proceeding, you can present the letter testamentary or letters of administration to facilitate the transfer of the vehicle title. To simplify the process, make sure to include the decedent’s death certificate and a title to the vehicle.

OKC estate planning and probate attorney

The process that follows after a loved one’s passing can be confusing and intimidating. If you are in the midst of this whirlwind, we are here to help. We help you navigate through the entire process and ensure peace of mind. Contact us online or through telephone to get in touch with an estate planning firm and to speak to a probate attorney. We proudly serve Oklahoma County, Logan County, and Cleveland County.