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

When a co-owner of a motor vehicle dies in Pennsylvania, the title transfer process depends on whether the deceased's ownership interest passes automatically to the surviving owner or through the estate. Pennsylvania recognizes different forms of joint ownership on motor vehicle titles, and the notation used on the certificate of title determines what steps are necessary to update the registration and obtain a corrected title in compliance with Title 75 of the Pennsylvania Vehicle Code.

Determine How the Names Appear on the Pennsylvania Car Title

The names and conjunctions on the certificate of title establish the type of ownership and control how title passes after death.

If the Title Shows Survivorship Language

If the certificate of title is endorsed "joint tenants with right of survivorship" or displays ownership by a husband and wife (known as tenancy by the entireties), the vehicle ownership passes automatically to the surviving owner by operation of law upon the death of the co-owner. No probate process is required. The surviving owner simply needs to submit a corrected title application along with proof of death.

If the Title Does Not Show Survivorship Language

If the certificate of title shows the names connected by "and" with no survivorship endorsement, or displays no specific conjunction, the ownership is classified as tenancy in common. In this case, the deceased co-owner's interest does not automatically pass to the surviving co-owner; instead, it becomes part of the deceased owner's estate and must be handled through the applicable probate or small estate procedure.

Pennsylvania Car Title Rules After One Owner Dies

Pennsylvania recognizes joint tenancy with right of survivorship as a valid form of ownership that avoids probate upon death. When a vehicle is titled with survivorship language, the surviving owner automatically becomes the sole owner, and only a documentary correction of the title is required. The death certificate and a completed title correction form are sufficient to transfer the vehicle into the survivor's name alone.

If the vehicle is titled without survivorship language, the transfer process depends on whether an executor or administrator has been appointed, whether the estate will be probated, and the family relationships of the heirs. Surviving spouses, children, and parents may qualify for simplified procedures that avoid full probate in some circumstances.

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

Not necessarily. If the vehicle is titled as joint tenants with right of survivorship, including titles held by husband and wife, the vehicle passes directly to the surviving owner outside of probate.

If the vehicle is titled as tenants in common, the deceased owner's share becomes part of the estate, and the title transfer depends on the estate administration method. If an executor or administrator has been appointed by the Register of Wills, the administrator may execute the title transfer with court authorization. Alternatively, Pennsylvania law permits certain vehicles to pass to eligible family members through simplified procedures that avoid formal probate administration.

Under Pennsylvania law, a surviving spouse, surviving children, or surviving parents of the deceased owner may transfer the vehicle without probate if the will is not being probated, provided they meet the statutory requirements. Additionally, a petition for distribution under the small estates procedure may be filed with the court, and the person to whom the vehicle is distributed by court order may then complete the title transfer.

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

All title corrections and transfers following the death of a vehicle owner must be completed through an authorized agent of the Pennsylvania Department of Transportation. Authorized agents include notaries public, licensed motor vehicle dealers, and tag service providers who are under contract with the Pennsylvania Department of Transportation (PennDOT).

General Process

The steps required depend on the type of ownership and whether probate is involved. For a vehicle titled as joint tenants with right of survivorship, the surviving owner must:

1. Provide the current certificate of title with no entries on the reverse side.
2. Complete the Notification of Assignment/Correction of Vehicle Title Upon Death of Owner (Form MV-39) with all required information and sign the form.
3. Submit an original death certificate or have a physician or funeral director complete the death certificate portion of Form MV-39.
4. Provide current motor vehicle insurance information if the vehicle is registered.
5. Pay applicable fees.
6. Submit all documents to an authorized agent.

For a vehicle titled as tenants in common, the procedure varies based on whether an executor or administrator has been appointed:

• With an executor or administrator: The executor or administrator must assign the title and provide a short-form certificate obtained from the Register of Wills as evidence of appointment. Form (MV-4ST) must also be completed in full.
• Without probate when the will passes to a spouse, child, or parent: A copy of the will, Form MV-39, and Form MV-4ST must be submitted. An original death certificate or physician/funeral director certification is also required. The title must be assigned by the person(s) to whom the vehicle passes under the will.
• Without a will when a spouse and/or children survive: The surviving spouse and any adult children must assign the title. Form MV-39 and Form MV-4ST must be completed. An original death certificate or equivalent certification is required.
• Under small estate procedure: The person to whom the vehicle is distributed by court order under the small estates petition assigns the title, and Form MV-4ST is completed. Applicable court documentation must be provided.

Applicable Fees

Title transfer fees in Pennsylvania are set by the Department of Transportation. The principal fees that apply to title transfers after death include:

Fee Exemptions for Surviving Spouses: If the vehicle was titled jointly in the names of a husband and wife (tenancy by the entireties), no title fee is required if the title is being placed solely in the name of the surviving spouse. Similarly, no title transfer fee is required if a title is issued to a surviving spouse following the death of the sole owner or co-owner, or if the vehicle passes to a surviving spouse under a will or intestacy laws. A transfer fee for the registration plate is still required unless the plate is transferred to an immediate family member, such as a spouse, child, parent, parent-in-law, child-in-law, stepchild, or step-parent.

Surviving Spouse

Pennsylvania law provides preferential treatment for surviving spouses in vehicle title transfers. When a motor vehicle is jointly titled by husband and wife, it is automatically held as tenancy by the entireties with right of survivorship, and no title fee applies when the surviving spouse obtains title in his or her name alone. Additionally, when any vehicle titled solely to the deceased spouse passes to the surviving spouse, no title fee is charged. The surviving spouse must still complete the applicable forms and provide the required documentation, but removing the title fee streamlines the transfer process for this category of heirs.

Documents Needed to Transfer a Pennsylvania Car Title After Death

Common Documents

The required documents depend on the estate's ownership structure and the way it is being administered. Generally, the following documents are necessary:

• Original certificate of title from the deceased or co-owner (copies are not acceptable in certain situations; consult with the authorized agent about duplicates)
• Original death certificate (copies are not acceptable; alternatively, a physician or funeral director may complete the death certification portion of Form MV-39)
• Form (MV-39)
• Form (MV-4ST) (in most title transfer situations)
• Proof of current motor vehicle insurance (insurance company name, policy number, effective date, and expiration date) if the vehicle is registered
• Identification of the person completing the application

If the estate has been or will be probated:

• Short-form certificate from the Register of Wills (evidence of executor or administrator appointment)
• Letters testamentary, letters of administration, or equivalent court order

If the estate has not been and will not be probated:

• Copy of the will (if the vehicle is willed to a spouse, child, or parent)
• Signed assignment of the title by the appropriate heir(s)
• Court order (if using small estate petition procedure)

If a lienholder or financial institution is involved:

• Current lien documents and evidence that the lienholder is satisfied or will be satisfied from estate proceeds

What if There Is a Loan on the Car?

If a loan is secured by the vehicle and the lienholder information appears on the certificate of title, the lien must be addressed during the title transfer. The surviving owner or estate representative should present both the title and all lien-related documents to the authorized agent so the lienholder information on the corrected title matches the supporting documentation. If the lien is to be satisfied from estate funds, evidence of satisfaction or a letter from the lienholder confirming the lien will be paid must be provided. The corrected title will reflect the updated lien status.

Contact Information

Department of Transportation - Driver and Vehicle Services
1101 S. Front Street, Harrisburg, PA 17104
Phone: (717) 412-5300
Official Website: Driver and Vehicle Services