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

When one co-owner of a vehicle dies in Mississippi, the surviving owner's right to the vehicle and the transfer process depend on how the vehicle title is registered and the legal designation on that title. Mississippi recognizes three distinct ownership structures for jointly titled vehicles, each with different consequences following a co-owner's death. The surviving co-owner or the deceased owner's estate must promptly notify the Mississippi Department of Revenue (DOR) and update the title to reflect the current legal ownership status.

Determine How the Names Appear on the Mississippi Car Title

Under 35 Miss. Code. R. 7-05-02-200, which explains Mississippi’s joint ownership regulations, the conjunction used between co-owners' names on the title determines whether the vehicle passes to the survivor automatically or becomes part of the deceased owner's estate.

If the Title Shows "OR" Between the Names

If the title displays the names joined by "or", the vehicle is registered with a form of survivorship. In Mississippi, when a joint owner with survivorship rights dies, the surviving owner's interest in the vehicle is preserved automatically by operation of law. The surviving owner does not require court orders or estate proceedings to retain ownership; the deceased owner's share passes to the survivor at the moment of death. The surviving owner may transfer the title with their signature and the death certificate alone.

If the Title Shows Survivorship Language

If the title displays the names joined by "and/or", the vehicle is registered as a joint tenancy with right of survivorship. In Mississippi, when a joint owner with survivorship rights dies, the surviving owner's interest in the vehicle is preserved automatically by operation of law. The surviving owner does not require court orders or estate proceedings to retain ownership; the deceased owner's share passes to the survivor at the moment of death.

If the Title Does Not Show Survivorship Language

If the title lists the names joined by "and", Mississippi treats the ownership as tenancy in common. In a tenancy in common, both owners' signatures are required during the deceased's lifetime to transfer or encumber the vehicle. Following the death of one co-owner holding a tenancy in common interest, probate proceedings are required to transfer that deceased owner's share. The vehicle cannot be transferred solely on the surviving co-owner's signature; additional legal authority or an affidavit process must be completed.

Mississippi Car Title Rules After One Owner Dies

Following a co-owner's death, Mississippi requires that the vehicle title be corrected to reflect current legal ownership.

When a vehicle is titled with "or" or "and/or" (both forms of joint tenancy with right of survivorship), the surviving owner becomes the sole titleholder without requiring estate administration or court proceedings. The surviving owner must provide a death certificate to the county tax collector to update the title and remove the deceased owner's name.

When a vehicle is titled as a tenancy in common (with "and"), the legal outcome differs significantly. The deceased owner's share becomes part of the decedent's estate and does not automatically transfer to the surviving co-owner. The title cannot remain in both names after one owner's death, nor can the surviving co-owner simply claim full ownership without additional legal documentation or approval.

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

The need for probate depends on the title designation and the circumstances of the death.

Joint Tenancy with Right of Survivorship (OR or AND/OR): A vehicle titled with "or" or "and/or" does not pass through probate. The vehicle interest transfers directly to the surviving owner at the moment of death. The surviving owner needs only provide a death certificate to update the title registration.

Tenancy in Common: A vehicle titled with "and" involves the deceased owner's share in estate proceedings. If the deceased owner's will has been probated, the probate court order establishing who inherits the vehicle must be presented to the tax collector with the title application. The executor or administrator can then apply for the title transfer.

Without a Probated Will: If no will exists or the estate has not been probated, Mississippi provides an alternative nonprobate transfer procedure. The next of kin may file an Affidavit of Heirship (Form 78-014) along with the death certificate. This affidavit, when submitted to the county tax collector, establishes legal heirship without requiring full probate of the estate. Mississippi recognizes this affidavit procedure as adequate documentation for title transfer when no estate has been formally admitted.

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

Title transfer applications are processed through the county tax collector's office in the county where the vehicle is registered or where the owner resides. Mississippi's centralized title processing occurs through the Department of Revenue's Motor Vehicle Services division, but the initial application and submission occur at the local level.

General Process

The transfer process begins by reviewing the current certificate of title to determine the ownership designation and identify which co-owner has died. The applicant gathers the title document and death certificate as the foundation for the transfer request.

If the estate was probated and a court order has been issued naming the inheritor or executor, that court document must accompany the application. If the estate was not probated, the Affidavit of Heirship (Form 78-014) must be completed by the next of kin and submitted together with the death certificate.

The completed Application for Title (Form 78-002) which can be obtained from the DOR or a county collector’s office, is submitted to the local county tax collector's office. For joint tenancy with right of survivorship titles (whether designated "or" or "and/or"), the surviving owner signs the application. For tenancy in common titles or when inheritance is through probate or the Affidavit of Heirship process, the appropriate legal representative or heir signs the application.

Once the application and supporting documents are filed at the county office, the tax collector forwards the materials to the Mississippi Department of Revenue's Motor Vehicle Services for processing. Standard title applications are issued within 3 to 4 weeks after the Department receives the completed application, unless additional documentation is needed.

Applicable Fees

All applicable taxes and fees must be paid at the time of title transfer or registration renewal.

Registration costs are comprised of a base registration fee and additional taxes. Privilege tax, charged annually, and ad valorem tax, which funds local governments, are also assessed depending on vehicle type and assessed value. All applicable taxes and fees must be paid at the time of title transfer or registration renewal.

Surviving Spouse

Mississippi does not recognize a separate or accelerated title transfer procedure specifically for surviving spouses. A surviving spouse follows the same title transfer procedures as any other heir or co-owner.

Documents Needed to Transfer a Mississippi Car Title After Death

The documents required depend on whether the vehicle was held with survivorship language, whether probate has occurred, and whether a will exists.

Common Documents

For all transfers after death, a certified or official death certificate must be submitted. The current certificate of title for the vehicle is also required.

If the title is joint tenancy with right of survivorship ("or" or "and/or"): The surviving owner submits the Application for Title (Form 78-002), the current title, and the death certificate. No court orders or affidavits are necessary.

If the estate was probated: The applicant must provide a certified copy of the court order (letters testamentary, letters of administration, or an equivalent probate court order) naming the executor, administrator, or heir. This document is submitted with the Application for Title, the current title, and the death certificate.

If no will exists and the estate has not been probated: The next of kin completes the Affidavit of Heirship (Form 78-014). This affidavit, together with the death certificate, substitutes for probate court documentation and is submitted with the Application for Title and the current certificate of title.

If related by kinship to the deceased: An Affidavit of Relationship may be required or recommended when the buyer and seller are related (spouse, child, parent, grandchild, or sibling).

What if There Is a Loan on the Car?

When a vehicle is financed and carries a lien holder's interest on the title, the lien information must be accurately reflected during any title transfer. The applicant should present both the current title and all lien-related documents to the tax collector's office.

If the deceased owner's share of the vehicle is being transferred through probate or the Affidavit of Heirship process, the lien holder information on the title must correspond with the documentation presented. A lienholder's name or address error can delay the transfer. The applicant should verify that the lienholder information on the current title matches the loan documents. If the lien has been satisfied (the loan paid in full), the lienholder must release the lien, which will be noted on the title. Lienholders with a Federal Employer Identification Number are required to release liens electronically within 14 days of satisfaction; however, paper lien releases may also be processed. The title cannot be transferred to the new owner until any lienholder interest is properly addressed.

Contact Information

Mississippi Department of Revenue, Motor Vehicle Services
500 Clinton Center Drive, Clinton, MS 39056
Phone: (601) 923-7200
Official Website: Motor Vehicle Services