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

When a vehicle is jointly titled, and one co-owner dies, Montana law provides automatic transfer pathways that vary based on how the title is structured. The surviving owner may acquire full ownership through survivorship rights, or probate proceedings may be necessary, depending on how the vehicle is titled and the deceased co-owner's estate value. Montana allows title transfers without probate for vehicles valued separately or as part of smaller estates, streamlining administration through established forms and procedures administered by the Motor Vehicle Division (MVD).

Determine How the Names Appear on the Montana Car Title

The language used to list multiple owners on a Montana vehicle certificate of title determines the ownership structure. Montana law creates a presumption of ownership that applies whenever more than one owner appears on the title record. Under Montana law, if the names and addresses of more than one owner are listed on the certificate of title, joint ownership with right of survivorship is presumed, unless the title specifically designates a different ownership structure such as transfer on death.

If the Title Shows Survivorship Language

When a Montana title lists two or more owners, the vehicle is presumed to be held as joint ownership with right of survivorship, regardless of the specific language or conjunction used to separate the names. Upon the death of a joint owner, Montana law automatically transfers the vehicle to the surviving owner. The surviving co-owner receives full ownership by operation of law without the intervention of probate courts or a personal representative.

If the Title Designates Transfer on Death

If the title specifically designates a transfer on death beneficiary, the vehicle transfers directly to the named beneficiary upon the owner's death. A transfer-on-death designation supersedes the default joint tenancy presumption and provides an alternative ownership pathway. The beneficiary has no rights to the vehicle during the owner's lifetime but acquires full ownership upon the owner's death, without probate intervention.

Montana Car Title Rules After One Owner Dies

When a co-owner dies, the surviving owner or legal heirs must take steps to update the title record to reflect current ownership. Montana law requires that title records be corrected to show the surviving joint owner or, in the case of sole ownership, the proper heir or personal representative. The Motor Vehicle Division maintains title records and processes title transfers and corrections based on documents supplied by applicants.

For a vehicle titled jointly, a surviving co-owner must present a death certificate to remove the deceased owner's name from the title. The transfer is accomplished by submitting an Application for Title by Non-Probate Transfer (Form MV12), Application for Title by Non-Probate Transfer, or, where registration is involved, an Application for Replacement Certificate of Title (Form MV7), along with a death certificate and the transfer fee. Title and registration may be processed simultaneously, depending on whether the survivor seeks registration in his or her name at the time of the transfer.

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

Not necessarily. Probate is required only under specific circumstances defined by Montana law.

If a vehicle is titled jointly in two or more names, probate is not required. The surviving joint owner automatically acquires title, and probate courts are not involved in the transfer.

If a vehicle is titled solely in the name of the deceased owner, the probate requirement depends on the total value of the entire estate. Montana law permits nonprobate transfer of vehicles when the decedent's entire probate estate, including all property less liens and encumbrances, does not exceed $100,000. When the estate value is $100,000 or less, an heir may complete Form MV12 without the appointment of a personal representative or probate administration. If the probate estate exceeds $100,000, a personal representative must be appointed by a district court to administer the estate and manage all asset transfers, including vehicles.

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

The title transfer process differs based on whether the vehicle was titled jointly or solely in the deceased owner's name, whether the estate undergoes probate, and whether the applicant seeks registration and title correction.

General Process

For a vehicle titled jointly, the surviving owner completes the appropriate title form and submits supporting documents. The surviving owner gathers the current certificate of title, a death certificate for the deceased co-owner, and the applicable title transfer fee. If a lien is recorded on the vehicle, a lien release form or written permission from the lienholder must accompany the application to permit removal of the deceased owner's name. The completed application and supporting documents are sent to the Motor Vehicle Division at its Helena office, to a county treasurer's office in the county of residence, or to an authorized agent.

For a vehicle titled solely in the deceased owner's name where the estate value does not exceed $100,000, an heir completes Form MV12 with a death certificate and pays the title transfer fee. Form MV12 requires the applicant to certify that no personal representative has been appointed, that the property is not bequeathed contrary to the applicant's right, and that the estate value does not exceed $100,000. The heir also identifies their relationship to the deceased.

For a vehicle for which a personal representative has been appointed due to probate proceedings, the personal representative provides a certified copy of the letter of appointment issued by the district court, along with the title application form and the transfer fee.

Applicable Fees

Fees are payable to the State of Montana and must accompany the application. Applications submitted to county treasurer offices may be subject to additional local fees set by the county. All title fees listed include the 3% administration fee required per MCA § 61-3-111.

Surviving Spouse

Montana law does not provide a separate transfer procedure or fee exemption specific to surviving spouses. A surviving spouse acquires the vehicle under the same rules as any other surviving joint owner. If titled jointly, the surviving spouse uses a death certificate and the standard title transfer form to update ownership. If the vehicle was titled solely in the name of the deceased spouse may use Form MV12 if the estate does not exceed $100,000 or must participate in probate administration if it does.

Documents Needed to Transfer a Montana Car Title After Death

The exact documents required depend on the title's ownership structure, the estate's total value, and whether probate has been initiated or is anticipated.

Common Documents

For a vehicle titled jointly with one co-owner deceased:

• Current certificate of title
• Certified or original death certificate of the deceased co-owner
• Completed Application for Title by Non-Probate Transfer (Form MV12) or Application for Replacement Certificate of Title (Form MV7)
• Title transfer fee ($12.36 for light vehicles; $10.30 for other vehicles)
• Release of Security Interest or Lien Form (Form MV37A) or written permission from lienholder, if a lien exists

For a vehicle titled solely in the deceased owner's name when the estate value does not exceed $100,000:

• Current certificate of title or request for replacement title if original is unavailable
• Certified or original death certificate
• Completed Application for Title by Non-Probate Transfer (Form MV12)
• Title transfer fee
• Proof of relationship to the deceased (such as a birth certificate)
• Release of Security Interest or Lien Form (Form MV37A) or written permission from lienholder, if a lien exists

For a vehicle where probate administration has been initiated or is required:

• Certified letter of appointment issued by the district court to the personal representative
• Current certificate of title or request for replacement title
• Death certificate
• Completed title application form (Form MV1) or (Form MV12) depending on circumstances
• Title transfer fee
• Release of Security Interest or Lien Form (Form MV37A) or written permission from lienholder, if a lien exists

What if There Is a Loan on the Car?

If a lender holds a security interest or lien on the vehicle, the lien appears on the title record. When a co-owner dies, or a sole owner's interest transfers through probate or nonprobate means, the lien remains attached to the vehicle. The applicant must confirm that the lien information shown on the new title application matches the lien information on the current title.

To remove a lien that has been satisfied, the lienholder must complete and sign the Release of Security Interest or Lien Form (Form MV37A). This form is submitted to the Motor Vehicle Division along with the title transfer application. Alternatively, the lienholder may provide written permission on the lender's letterhead authorizing removal of the lien. Until the lien is formally released or satisfied, it will appear on all subsequent title certificates.

If the surviving owner wishes to continue making payments or if the lien remains in effect, the lien release is not submitted, and the surviving owner's name will be added to the title with the lien remaining in the lienholder's name.

Contact Information

Montana Motor Vehicle Division
302 North Roberts Street, Helena, MT 59601
Phone: (406) 444-3933
Official Website: Motor Vehicle Division