Current through Register Vol. 48, No. 38, September 20, 2024
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 Estates Affidavit
A Small Estates 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 Estates 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) 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.
