Inherited Vehicle Title Transfer in Louisiana
Transferring the title of a vehicle you inherited in Louisiana requires specific forms and documentation. The process differs based on whether you are a surviving spouse, an heir of a small estate, or a beneficiary going through probate. This guide covers every path and the documents required for each.
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Generate Free Bill of Sale →Surviving Spouse Title Transfer in Louisiana
Louisiana is a community property state: a vehicle bought during the marriage is presumed to belong to both spouses even if titled in one name, so a surviving spouse is not inheriting the whole vehicle from scratch. A surviving spouse who was a co-owner can often re-title with the death certificate, the Vehicle Application (DPSMV 1799), and an Affidavit of Heirship (DPSMV 1696). If the spouse then transfers the vehicle to a new owner, only the surviving spouse must also execute a notarized bill of sale or Act of Donation. If the title carried survivorship rights, it is simpler still — the existing title, the death certificate, and the application are enough.
Primary form: DPSMV 1696 (Affidavit of Heirship) + DPSMV 1799 (Vehicle Application)
Steps for Surviving Spouse:
- 1Obtain a certified copy of the death certificate
- 2Confirm whether the vehicle is community property (bought during the marriage) or carries survivorship rights on the title
- 3Complete the Vehicle Application (DPSMV 1799) and, if required, the Affidavit of Heirship (DPSMV 1696)
- 4If transferring the vehicle to a new owner, execute a notarized bill of sale or Act of Donation (only the surviving spouse must do this when the spouse is an heir)
- 5Bring the current title (or note its absence in the affidavit) to any Louisiana OMV office
- 6Pay the $68.50 title fee plus $8.00 handling
Non-Spouse Heir Transfer in Louisiana
Small estate threshold: $125,000 gross estate (or any value if the owner died 20+ years ago)
Form: Affidavit of Small Succession
When the total gross estate is $125,000 or less and no succession is open in court, heirs can re-title a vehicle with an Affidavit of Small Succession, a certified death certificate, and the current title, presented at any Louisiana OMV office. The small-succession route also applies at ANY estate value if the owner died at least 20 years ago — a common fix for old, never-transferred titles. In many cases the OMV will accept the small-succession affidavit for the vehicle even when other assets in the estate require a full succession.
Louisiana uses "succession" (its civil-law term) rather than "probate." A FORMAL succession through the courts is generally required only for larger estates (over $125,000) or contested/disputed estates, where the court issues a Judgment of Possession that the OMV accepts to transfer the vehicle. For most inherited vehicles a full formal succession is NOT required: an Affidavit of Heirship (when no succession is opened) or an Affidavit of Small Succession handles the OMV transfer directly.
Steps for Non-Spouse Heirs:
- 1Obtain a certified copy of the death certificate
- 2Determine the estate value: $125,000 or less (or owner died 20+ years ago) uses an Affidavit of Small Succession; larger or contested estates need a formal succession
- 3If no succession is opened, have ALL heirs sign and notarize the Affidavit of Heirship (DPSMV 1696); every non-owner heir must donate or sell their interest in writing to the applicant
- 4If a formal succession was opened, obtain the court's Judgment of Possession instead of the affidavit
- 5Complete the Vehicle Application (DPSMV 1799) and attach a will or notarized statement of who receives the vehicle
- 6Submit in person at a Louisiana OMV office (or by mail) and pay the $68.50 title fee + $8.00 handling
Required Documents
- •Current Louisiana Certificate of Title (or a declaration in the affidavit if the title is unavailable)
- •Certified copy of the death certificate (or other proof of death)
- •Vehicle Application (Form DPSMV 1799)
- •Affidavit of Heirship (Form DPSMV 1696) — signed and notarized by ALL heirs — when no succession is opened
- •Affidavit of Small Succession — when the estate is $125,000 or less (or the owner died 20+ years ago)
- •Judgment of Possession — when a formal succession has been opened through the courts
- •A will, or a notarized statement summarizing who receives the vehicle(s)
- •Lien release from the lender if any security interest is recorded
Title Transfer Fee in Louisiana
$68.50 title fee + $8.00 handling (La. R.S. 32:728)
Paid to the Louisiana Office of Motor Vehicles (OMV) at the time of title transfer. Additional court fees may apply if probate is required.
Common Mistakes to Avoid
- ✗Calling it "probate" and opening a full court succession when a small-succession or heirship affidavit would have transferred the vehicle
- ✗Forgetting that ALL heirs must sign the Affidavit of Heirship, and that non-owner heirs must donate or sell their share to the applicant in writing
- ✗Overlooking that a community-property vehicle already half-belongs to the surviving spouse — the spouse is not inheriting the whole vehicle from scratch
- ✗Providing a photocopy instead of a certified death certificate
- ✗Missing that no odometer disclosure is needed when an heir or spouse titles the vehicle, but one IS required if it is then sold to a third party
Louisiana-Specific Note
Louisiana is the only U.S. state that runs on civil law (the Napoleonic Code), so it uses "succession" rather than "probate" — and it gives inherited-vehicle owners three OMV paths most states do not: (1) an Affidavit of Heirship (Form DPSMV 1696) when no succession is opened, (2) an Affidavit of Small Succession for estates of $125,000 or less (or any estate where the owner died 20+ years ago), and (3) a court Judgment of Possession for formal successions. Governing statute: La. R.S. 32:707.1.
Frequently Asked Questions — Inherited Vehicle Transfers in Louisiana
Do I need probate to transfer an inherited vehicle title in Louisiana?
Louisiana generally does not require full probate to transfer an inherited vehicle title. Louisiana uses "succession" (its civil-law term) rather than "probate." A FORMAL succession through the courts is generally required only for larger estates (over $125,000) or contested/disputed estates, where the court issues a Judgment of Possession that the OMV accepts to transfer the vehicle. For most inherited vehicles a full formal succession is NOT required: an Affidavit of Heirship (when no succession is opened) or an Affidavit of Small Succession handles the OMV transfer directly.
How does a surviving spouse transfer a vehicle title in Louisiana?
Louisiana is a community property state: a vehicle bought during the marriage is presumed to belong to both spouses even if titled in one name, so a surviving spouse is not inheriting the whole vehicle from scratch. A surviving spouse who was a co-owner can often re-title with the death certificate, the Vehicle Application (DPSMV 1799), and an Affidavit of Heirship (DPSMV 1696). If the spouse then transfers the vehicle to a new owner, only the surviving spouse must also execute a notarized bill of sale or Act of Donation. If the title carried survivorship rights, it is simpler still — the existing title, the death certificate, and the application are enough. The primary form used is DPSMV 1696 (Affidavit of Heirship) + DPSMV 1799 (Vehicle Application). You will also need a certified copy of the death certificate and the original vehicle title.
What is the small estate threshold for inherited vehicles in Louisiana?
Louisiana's small estate threshold is $125,000 gross estate (or any value if the owner died 20+ years ago). When the total gross estate is $125,000 or less and no succession is open in court, heirs can re-title a vehicle with an Affidavit of Small Succession, a certified death certificate, and the current title, presented at any Louisiana OMV office. The small-succession route also applies at ANY estate value if the owner died at least 20 years ago — a common fix for old, never-transferred titles. In many cases the OMV will accept the small-succession affidavit for the vehicle even when other assets in the estate require a full succession.
What documents do I need to transfer an inherited vehicle title in Louisiana?
The core documents required include the original vehicle title, a certified copy of the death certificate, and the applicable affidavit or court documentation. Specific requirements depend on whether you are a surviving spouse, an heir of a small estate, or a beneficiary through probate.
How much does it cost to transfer an inherited vehicle title in Louisiana?
The title transfer fee in Louisiana is $68.50 title fee + $8.00 handling (La. R.S. 32:728). Additional costs may include probate court fees if required, and sales tax may apply depending on the circumstances of the inheritance.
Can I drive an inherited vehicle before transferring the title in Louisiana?
Driving an inherited vehicle before completing the title transfer and updating insurance is legally risky. The vehicle is still registered in the deceased person's name, which can create insurance coverage gaps and liability issues. Most states allow a short grace period but require prompt action. Obtain insurance in your name as soon as possible and complete the title transfer without delay.
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