Legal Question in Wills and Trusts in Ohio

A surviving spouse can transfer a motor vehicle from their deceased spouse to themselves pursuant to Ohio Revised Code: sections 1548.11, 2106.18, 2106.19 and 4505.10. Presently the law allows:

Upon the death of a married resident who owned at least one automobile at the time of death, the surviving spouse may transfer an unlimited number of vehicles valued up to $65,000 and one boat and one outboard motor.

Vehicles may not be disposed of by a will or transferred to the surviving spouse due to joint ownership With Rights of Survivorship (WROS), transferred to a Transfer On Death (TOD) beneficiary or specifically disposed of by Testamentary Disposition.

The transfer does not affect any liens upon the vehicle. If a lien exist, it will be carried forward.

You will need to take the following to the Title Office

Acceptable identification (please contact your County Clerk of Courts Title Office for details)

Certified copy of the death certificate

Application(s) for Certificate of Title to a Motor Vehicle (Form BMV 3774)

Original Ohio Certificate of Title number (if applicable)

Clerk of Courts Surviving Spouse Affidavit (form BMV 3773) listing vehicle make, model, year, body type, and vehicle identification number (VIN) and the value of the vehicle

Payment for title fees

Copy of the security agreement (if applicable)