Section 1010

Section 1010.150  Transferring Certificates of Title Upon the Owner's Death

a)         This Section sets forth the required documentation to be submitted to the Vehicle Services Department within the Office of the Secretary of State to transfer decedents' certificates of title to vehicles.  Upon the death of a vehicle owner, the procedure for transferring the vehicle title depends on whether the title was held individually by the decedent or held in joint tenancy.  If the title was in the decedent's name only, the procedure depends on whether the decedent's estate is being probated. If the title was held jointly by the decedent and another person, the procedures in subsection (c) apply.

b)         Original Title in Decedent's Name Only

One of the following three procedures shall be used to transfer the decedent's title to an heir, legatee or any third party.

1)         Probate

If the decedent's estate is probated, the Secretary of State requires the following documents to transfer the decedent's certificate of title.

A)        A certified copy of the letters of administration, letters testamentary, or letters of guardianship naming the legal representative of the decedent's estate.

B)        The decedent's title must be surrendered, and it must be assigned by the legal representative of the estate to the transferee.

C)        An application for title must be completed and signed by the transferee.

D)        The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax (see 86 Ill. Adm. Code 151).

2)         Small Estate Affidavit

A Small Estate Affidavit can be used to transfer the decedent's certificate of title if the conditions of Section 25-1 of the Probate Act of 1975 [755 ILCS 5] are satisfied, the estate was not probated, and the following documents are submitted to the Secretary of State.

A)        A Small Estate Affidavit describing the vehicle by model year, make, and vehicle identification number.  If the vehicle owner dies on or after September 16, 1985, a copy of the death certificate must be attached.

B)        A certified copy of the will if the vehicle owner died testate.

C)        The decedent's title must be surrendered.

D)        An application for title must be completed and signed by the transferee.

E)        The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax.

3)         Attorney's Affidavit

The Attorney's Affidavit can be used to transfer the decedent's certificate of title if the following documents are submitted.

A)        Attorney's Affidavit on the attorney's letterhead stationery, stating:

i)          The name and last address of the decedent.

ii)         The model year, make and vehicle identification number of the vehicle.

iii)        To whom the vehicle is being transferred and the relationship between the transferee and the decedent, if any.

B)        A copy of the death certificate.

C)        The decedent's title must be surrendered.

D)        An application for title must be completed and signed by the transferee.

E)        The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax.

c)         Original Title Held Jointly in Decedent's and Surviving Joint Tenant's Names

1)         If the title applicant is the surviving joint tenant, the following documents are required to correct the title.

A)        A copy of the death certificate.

B)        The original title must be surrendered but need not be assigned.

C)        An application for a corrected title to remove the decedent's name from the original title.

D)        If the applicant plans to operate the vehicle, the applicant must submit an application to correct the registration.  A current registration shall be assigned to the surviving joint tenant.

E)        The applicant must submit the required $3 title fee and, if applicable, the $2 corrected registration fee.

2)         If the surviving joint tenant chooses to transfer the vehicle to a third party, the following documents are required to transfer title.

A)        A copy of the death certificate.

B)        The original title must be assigned by the surviving tenant to the transferee.

C)        An application for title must be completed and signed by the transferee.

D)        The applicant must submit the required $3 title fee and show proof of compliance with, or exemption from, the Vehicle Use Tax.

E)        If the transferee intends to operate the vehicle upon the public highways, the transferee must pay the applicable registration fees.  The application for title will serve as an application for registration.

d)         Beneficiary Designated on Title

1)         Registering a Beneficiary on the Illinois Certificate of Title.  The following apply:

A)        The Illinois title must be registered as a sole owner with no lienholder.

B)        The vehicle owner must be an individual and not a business (this business prohibition includes governmental bodies and lessees).

C)        Titles showing a lienholder, lessor, or titled as joint tenancy (title held jointly by more than one person) may not carry a transfer on death beneficiary.

D)        Only one beneficiary is allowed on the Illinois title.

E)        A business can be listed as a beneficiary; however, ownership of the vehicle may not be reassigned to the business upon death of the legal owner if the business is dissolved or no longer exists as an entity at the time of the business beneficiary's application for title.

F)         A notarized Beneficiary Affidavit will be required to apply for a title reflecting a beneficiary. 

G)        Ownership of the vehicle passes to the beneficiary upon death of the legal owner.  The beneficiary must apply for a new title to complete the process.  The beneficiary does not have rights to the deceased owner's plate registration.  The new owner must obtain a new registration in order to drive the vehicle on public streets.

H)        The signature or consent of the beneficiary shall not be required for any transaction relating to the motor vehicle or trailer for which a certificate of title with beneficiary has been issued.

I)         The beneficiary may be changed at any time before death of a sole owner only by the following methods:

i)          The registered owner may sell the motor vehicle before their death.  With the proper reassignment and delivery of the certificate of ownership to another person.

ii)         By filing an application for corrected title to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary, along with the notarized affidavit of beneficiary and applicable fee for corrected title. 

J)         Upon the death of the sole owner of the vehicle when a beneficiary has been established on a certificate of title, the beneficiary may not be changed or revoked by a will, any other instrument, or a change in circumstances, or otherwise be changed or revoked, except by a court of law.

K)        If a beneficiary is deceased before the owner, then upon the death of the owner, the motor vehicle or trailer shall be included in the probate estate of the deceased owner.  The death certificate for the owner and beneficiary will be required at time of application for title.

2)         Requesting a New Title with a Beneficiary After the Sole Owner Has Become Deceased. The following documents are required:

A)        An application for title and registration, along with applicable fees. A beneficiary applicant may choose not to request registration; however, the beneficiary does not have rights to the deceased plate registration.

B)        A Beneficiary Claim Form to claim beneficiary rights.

C)        The decedent's certificate of title must be surrendered.

D)        A copy of the decedent's death certificate.

E)        The appropriate tax form and check payable to the Illinois Department of Revenue.

3)         If the beneficiary does not want to take possession of the vehicle after death of the sole owner, the beneficiary must title the vehicle under their name before selling the vehicle to another person.

4)         If the beneficiary listed is not an Illinois resident, the beneficiary may title the vehicle in their state of residency with the death certificate.

5)         If the executor cannot locate the beneficiary upon death of the vehicle owner, the executor will be required to complete a notarized Unable to Locate Beneficiary Affidavit stating the fact that they have exhausted all resources to locate the beneficiary.

e)         Miscellaneous

1)         If the original title is lost, an affidavit explaining that the title cannot be located must be submitted by the transferor.

2)         Surviving joint tenants and surviving spouses need not pay vehicle registration fees until the current registration expires.  If the surviving spouse is not listed as a joint tenant on the decedent's title, a copy of the death certificate is required to show the marital relationship.

3)         Title and registration fees may be combined in one check, electronic payment or money order made payable to the Secretary of State.  Applicable title, registration and transfer fees are set forth in IVC Chapter 3 [625 ILCS 5].

4)         Transferees who do not operate the vehicle upon the public highways need not apply for registration at the time of acquisition.  (See 92 Ill. Adm. Code 1010.510.)

5)         Proof of compliance with the Vehicle Use Tax shall consist of the Illinois Department of Revenue form RUT 50, or such other form used by that agency.

(Source:  Amended at 50 Ill. Reg. 3508, effective February 11, 2026)