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

When a motor vehicle is titled in the names of two owners in North Dakota and one owner dies, the effect on ownership depends on the title's structure. The North Dakota Department of Transportation (NDDOT) Motor Vehicle Division administers all certificate of title records and requires that ownership changes, including those resulting from a co-owner's death, be reflected on the title through the appropriate application and documentation process.

Determine How the Names Appear on the North Dakota Car Title

North Dakota distinguishes between joint tenancy and tenancy in common based on how ownership is designated on the certificate of title. Under NDCC 47-02-06, a joint interest must be "expressly declared" in the instrument that creates it. Applied to vehicle titles, this means the certificate of title must contain an explicit notation of Joint Tenants with Right of Survivorship (JTWROS) for the survivorship right to exist. The NDDOT Motor Vehicle Registration Manual identifies JTWROS as a recognized designation on the certificate of title and describes the documentation path for transferring ownership to the surviving joint tenant.

In contrast, every interest created in favor of several persons in their own right is an interest in common unless it is declared to be a joint tenancy. If a North Dakota vehicle title lists two owners without a JTWROS designation, the ownership is treated as a tenancy in common, and neither owner has an automatic right to the other's share upon the other's death.

If the Title Shows Survivorship Language

When a North Dakota certificate of title carries a JTWROS designation, the surviving co-owner is entitled to full ownership of the vehicle upon the other owner's death. The survivor must present a copy of the death certificate along with the existing certificate of title to complete the transfer. No probate proceeding, court order, or estate affidavit is required in this situation. The surviving owner applies for a new certificate of title in the surviving owner's name alone by submitting the Application for Certificate of Title and Registration of a Vehicle (SFN 2872) together with the death certificate and the current title.

If the Title Does Not Show Survivorship Language

If the title lists two owners without a JTWROS notation, the deceased owner's interest does not pass automatically to the surviving co-owner. Instead, that interest becomes part of the decedent's estate and must be transferred through one of the estate-related procedures described below. The surviving co-owner retains the co-owner's own interest in the vehicle but cannot obtain sole title without proper estate documentation authorizing the transfer of the deceased owner's share.

North Dakota Car Title Rules After One Owner Dies

The NDDOT sets out three pathways for transferring a deceased owner's vehicle interest, depending on the circumstances:

For estates valued at $100,000 or less (net of liens and encumbrances), and where no probate proceeding has been initiated, the person entitled to the property may use the Affidavit for Collection of Personal Property of the Decedent (SFN 2916) to claim the vehicle. This form is the NDDOT's version of the small-estate affidavit authorized by NDCC 30.1-23-01. The affidavit may be filed no sooner than 30 days after the date of death.

If the title is held in JTWROS, the survivor presents a copy of the death certificate and the certificate of title, as described above, and no estate proceeding is necessary.

If neither the small-estate affidavit nor the JTWROS procedure applies, a copy of letters of administration, letters testamentary, or an order of the court must accompany the certificate of title for transfer.

Under NDCC 39-05-19, when ownership of a vehicle passes otherwise than by voluntary transfer — including by inheritance or estate distribution — the transferee may obtain a certificate of title by submitting an application accompanied by the instruments or documents of authority required by law to evidence the transfer.

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

Probate is not always necessary. Three situations commonly arise:

If the vehicle title includes a JTWROS designation, the vehicle transfers to the surviving owner outside of probate. The sole documentation needed is a death certificate presented with the existing title.

If the total value of the decedent's entire estate, less liens and encumbrances, does not exceed $100,000, and no personal representative has been appointed or applied for, the vehicle may be transferred using the small-estate affidavit procedure. The North Dakota Supreme Court confirms that this affidavit allows personal property to transfer without court involvement, provided all statutory conditions are met. The affiant must attest that the estate falls under the $100,000 threshold, that 30 days have elapsed since the death, and that no application or petition for a personal representative is pending or has been granted in any jurisdiction.

If the estate exceeds $100,000 or a probate case has been opened, the vehicle must be transferred through probate. The personal representative appointed by the court must present letters testamentary, letters of administration, or an applicable court order to the NDDOT to authorize the title transfer.

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

Title applications in North Dakota are processed at NDDOT Motor Vehicle branch offices located throughout the state or at the central office in Bismarck. Appointments may be scheduled by calling 1-855-633-6835 or through the NDDOT online scheduler.

General Process

• Examine the existing certificate of title to confirm whether a JTWROS designation is present.
• If JTWROS applies, gather the original certificate of title and a copy of the death certificate.
• If JTWROS does not apply and the estate qualifies as a small estate under NDCC 30.1-23-01, complete and notarize the Affidavit for Collection of Personal Property of the Decedent (SFN 2916). At least 30 days must have passed since the date of death before the affidavit may be used.
• If the estate is being probated, obtain letters testamentary, letters of administration, or the relevant court order from the district court.
• Complete the Application for Certificate of Title and Registration of a Vehicle (SFN 2872) and submit it with all supporting documents to an NDDOT branch office.
• Pay the applicable title and registration fees at the time of submission.

Applicable Fees

North Dakota title and registration fees are established by statute and by NDAC Chapter 37-12-06, which governs branch office transaction charges. The NDDOT provides an online fee calculator that can estimate registration costs based on vehicle weight, model year, and year first registered.

Surviving Spouse

No separate statutory deadline or distinct procedural requirement for a surviving spouse is implemented in North Dakota. A surviving spouse follows the same procedures as any other person receiving a vehicle from a deceased owner's estate — through JTWROS survivorship documentation, the small-estate affidavit, or probate-issued letters and court orders. In all cases, the surviving spouse must apply for a new certificate of title in the surviving spouse's own name using the standard application process.

The NDDOT Registration Manual does note, in its section on Disabled American Veteran (DAV) plates, that a surviving spouse may apply or retain the DAV excise tax exemption and registration exemption for one vehicle. This provision applies only to qualified veterans' surviving spouses and does not constitute a general surviving-spouse title transfer rule.

Documents Needed to Transfer a North Dakota Car Title After Death

The required documentation depends on the type of ownership and the estate administration path. The NDDOT Registration Manual identifies several categories of acceptable records.

Common Documents

• The existing certificate of title (or a duplicate obtained through the $5 duplicate title process under NDCC 39-05-09.1 if the original is unavailable)
• A copy of the death certificate
• Application for Certificate of Title and Registration of a Vehicle (SFN 2872)
• Affidavit for Collection of Personal Property of the Decedent (SFN 2916), if the estate does not exceed $100,000 and is not being probated
• Letters testamentary, letters of administration, or a court order, if the estate is being probated
• Damage/Salvage Disclosure Statement (SFN 18609), if the vehicle is subject to damage disclosure requirements based on model year
• Any lien release documentation, if an existing lien has been satisfied

The NDDOT Registration Manual specifies that a last will and testament, standing alone, cannot be accepted as proof of authority for a certificate of title transfer.

What if There Is a Loan on the Car?

If a lien is recorded on the certificate of title, the lien remains in effect regardless of the death of a co-owner. The certificate of title must contain a statement of all liens or encumbrances upon the vehicle, and the department delivers the certificate of title to the first lienholder when a lien exists. A new certificate of title issued after a co-owner's death will continue to reflect any unsatisfied lien. The applicant should coordinate with the lienholder before submitting the title transfer application to confirm the status of the obligation and to ensure the lienholder's information is correctly reflected on the new title. If the lien has been satisfied, a Release of Lien by Legal Owner (SFN 2876) must be submitted to the NDDOT to remove the lien from the new certificate of title.

Contact Information

North Dakota Department of Transportation, Motor Vehicle Division
608 East Boulevard Avenue, Bismarck, ND 58505-0780
Phone: (701) 328-2725
Official Website: Motor Vehicle Division