Selling an Inherited Vehicle in Illinois
How to get title to an inherited car in Illinois, whether probate is required, small estate affidavit shortcuts, and the sales tax exemption for inherited vehicles.
Small Estate Shortcut Available in Illinois
Threshold: $100,000 gross estate
Illinois Small Estate Affidavit (755 ILCS 5/25-1) allows heirs to transfer vehicle titles when the total estate is under $100,000. The affidavit must be notarized and list all heirs.
How to Transfer an Inherited Vehicle Title
- 1
Locate the title
Search the deceased's records, safe-deposit box, and glove compartment. If lost, apply for a duplicate title using the estate documents.
- 2
Determine the probate path
Illinois allows a Small Estate Affidavit for estates under $100,000 (755 ILCS 5/25-1). The affidavit can be used to transfer vehicle titles without full probate court involvement.
- 3
Gather required documents
Death certificate (certified copy), will or letters testamentary (if probate), small estate affidavit (if under threshold), and any state-specific forms from the DMV.
- 4
Transfer title at DMV
Submit the original title, death certificate, Small Estate Affidavit (or letters testamentary), and Form VSD 190 to any Illinois SOS facility.
- 5
Sell with proper documentation
Once titled in your name (or the estate's name), complete a standard bill of sale documenting the sale price, odometer, and seller information.
Surviving Spouse Rule in Illinois
Illinois surviving spouses can transfer jointly-titled vehicles using a simple affidavit. Community property vehicles use the standard joint tenancy survivorship rules.
Sales Tax Exemption
✓ Inherited vehicles exempt from sales/use tax in Illinois
Illinois exempts vehicles transferred through a will or intestate succession from use tax. Document the transfer as "Estate Transfer" on VSD 190.
Illinois Note
Illinois's $100,000 small estate threshold covers most personal vehicle situations — only high-value collections or multiple vehicles exceeding this total require full probate involvement.
Frequently Asked Questions
- Do I need to go through probate to transfer an inherited vehicle in Illinois?
- Illinois allows a Small Estate Affidavit for estates under $100,000 (755 ILCS 5/25-1). The affidavit can be used to transfer vehicle titles without full probate court involvement.
- What is the small estate threshold in Illinois?
- Illinois small estate threshold: $100,000 gross estate. Illinois Small Estate Affidavit (755 ILCS 5/25-1) allows heirs to transfer vehicle titles when the total estate is under $100,000. The affidavit must be notarized and list all heirs.
- Is a surviving spouse exempt from probate for a vehicle in Illinois?
- Illinois surviving spouses can transfer jointly-titled vehicles using a simple affidavit. Community property vehicles use the standard joint tenancy survivorship rules.
- Is an inherited vehicle exempt from sales tax in Illinois?
- Yes. Illinois exempts vehicles transferred through a will or intestate succession from use tax. Document the transfer as "Estate Transfer" on VSD 190.
- How do I get a title for an inherited vehicle in Illinois?
- Submit the original title, death certificate, Small Estate Affidavit (or letters testamentary), and Form VSD 190 to any Illinois SOS facility.
- What if the title is lost or the vehicle was never titled?
- If the title is missing, apply for a duplicate title through the DMV using the death certificate and estate documents to prove ownership standing. If the vehicle was never titled (very old or certain off-road vehicles), the estate documents and a bill of sale from the deceased's records may be sufficient — check with your state DMV for untitled vehicle transfer procedures.
Ready to Sell the Inherited Vehicle?
Once titled in your name, a bill of sale completes the transaction — documenting price, condition, and transfer for both parties.
Generate Illinois Bill of Sale