If you are reading this article, you or someone you know may be going through an incredibly difficult moment in life. Before reading further, we urge you to check in with your own mental state. You do not need to navigate these moments alone. We have compiled a Surviving Spouse Checklist with Grief Resources to help you navigate the next few weeks and months so that you can focus on spending time with your loved ones and seeking support.

If your husband or wife passed away, you may be wondering what to do with their property. While this is a personal decision and the right answer will vary depending on your circumstances, it is important to know how a loved one’s property is distributed following their passing. The status of your spouse’s car will depend on several factors including state laws, whether your spouse had a will, and how the car was titled. While we have done our best to provide an educational overview, this article is not legal advice and you should consult with a Rhode Island estate planning attorney before taking any actions regarding your loved one’s property.

Step 1: Determine How the Car Was Titled

The first step in determining ownership of your spouse’s car is to check the title of the vehicle. The form of ownership applicable will determine how ownership will be transferred. Here are some common cases and how they could affect ownership:

Sole Ownership (Car in Husband or Wife’s Name Only)

If the car was titled only in your husband or wife’s name, the process of transferring ownership depends on your state’s probate laws. In many cases, the vehicle will become part of the deceased individual’s estate and may require probate before it can be transferred to an heir.

However, if the decedent’s Estate is not subject to Probate the Department of Motor Vehicles does provide resources in order to transfer title to the surviving spouse or surviving heirs without the need to open a Probate Estate. You will generally need to provide your spouse’s death certificate, the original title of the vehicle, complete their application for transfer of title, and complete an exemption of sales tax form. Surviving heirs will likely need to additionally complete a sole heir affidavit. These forms and all necessary documentation can be found on the DMV website.

If the Estate is subject to Probate, the vehicle value will need to be listed in something called the Probate “Universal Inventory” with the Probate Court, so it is important to be aware that 1% of the Personal Property of the Estate or up to $1500 may be payable to the Probate Court as an inventory fee. This is why is it always important to consult with a probate or Estate Planning Attorney to minimize or eliminate the need for Probate through wholistic and proactive planning.

Read: What Do I Need to Probate an Estate Without a Will?

Two Names on Car Title: Joint Ownership with Right of Survivorship

If your husband or wife’s name was on the title along with yours, ownership may transfer to you without the need for probate. In Rhode Island, you can process this transfer by making an appointment with the Rhode Island DMV. You will generally need to provide the following in order to finalize the transfer:

Your spouse’s death certificate
A completed title transfer form
Payment for any applicable DMV fees

Transfer on Death (TOD) or Payable on Death (POD) Designation

Rhode Island does not currently allow vehicles to have a Transfer on Death (TOD) or Payable on Death (POD) titles. However, if you are in a state that allows such designations, you may be able to avoid going through the probate process for the vehicle after determining applicable state laws.

Leased or Financed Vehicles

If the vehicle is still under loan or lease, you may need to contact the lender or leasing company to determine what steps are required. Next steps for leased of financed vehicles may include:

Contacting the lender or leasing company to discuss next steps.
Determining if the loan includes a death discharge clause (some lenders forgive auto loans if the borrower passes away).
Paying off, refinancing, or returning the vehicle before the title can be transferred.

What if the Car Had an Outstanding Loan or Lease?

If the vehicle still had an outstanding loan or lease, you may want to ask your attorney how to handle the debts owed. If the vehicle is going through probate, your loved one’s estate will likely settle any debts prior to distributing assets including the vehicle. Some lenders may have a death discharge clause in place to forgive certain debts if the borrower passes away. You may want to reach out to the lender to see if any such clauses apply to your circumstances.

Step 2: Check Rhode Island’s Probate and Inheritance Laws

If the car was only in your spouse’s name, you may need to go through Rhode Island’s probate court to legally transfer ownership. However, Rhode Island offers simplified probate options for smaller estates:

Small Estate Affidavit – If the total estate value (including the car) is under $15,000, you may be able to bypass probate by filing a Small Estate Affidavit with the court. This can speed up the title transfer process, ultimately saving you time and money compared to a formal probate.

Spousal Inheritance Laws – In Rhode Island, if a person dies without a will, the surviving spouse typically inherits the vehicle. However, probate may still be required to legally transfer the title.

Formal Probate Process – If the estate exceeds $15,000 or includes other significant assets, you may need to go through formal probate. An executor or administrator will be appointed to handle the vehicle’s transfer.

Tip: To confirm the best option for your situation, contact a Rhode Island probate attorney.

Step 3: Gather the Documents Needed for Vehicle Title Transfer in Rhode Island

To transfer the vehicle title in Rhode Island, you will typically need:

Original or certified death certificate
Marriage certificate (if required to prove spousal relationship)
Car title (or request a duplicate from the Rhode Island DMV)
Legal Documents (as applicable)
- Will or probate documents (if applicable)
- Small Estate Affidavit (if the estate qualifies)
DMV title transfer form (available at your local DMV)

Where to File: You will need to submit your documents to the Rhode Island Division of Motor Vehicles (DMV) and possibly the probate court, depending on your situation. A qualified attorney can help you determine the proper way to process your documents.

Step 4: Process According to Title Type

Once you have gathered all necessary paperwork, you will need to follow any of these steps that apply to your needs:

Contact a Rhode Island Estate Attorney to confirm your options.
Go through probate as relevant to your case.
Ensure that any outstanding car loans or leases are addressed. This may be completed as part of the probate process.
Visit the Rhode Island DMV with the required documents.
Pay any applicable fees for title transfer and registration.
Update vehicle registration and insurance.

Read: My Spouse Passed Away: How Do I Sell Their Car?

About the Author

Attorney Jennifer Haskins is a Rhode Island estate planning and probate attorney dedicated to helping families navigate the legal complexities that follow the loss of a loved one. A Warwick native now living in Cranston, Jennifer understands the importance of compassionate and practical legal guidance during difficult times.

Attorney Haskins earned her J.D. and certification in Compliance and Risk Management from New England Law in Boston, and is licensed to practice law in Rhode Island. At McCarthy Law, she works closely with clients to administer estates, streamline the probate process, and create estate plans that provide peace of mind for the future.

When she’s not advocating for her clients, Jennifer enjoys playing tennis, reading, attending concerts and plays, and exploring the outdoors with her Golden Retriever mix, Murray.

My Husband or Wife Died and My Name Is Not on the Car Title – What Do I Do?