When you pass away, typically, all the assets in your name will go through a legal process called probate. However, if you have the right documents in place before you die, then your loved ones can avoid probate, and you can ensure that your assets go where they should.
Here’s some information on cars and whether or not they need to go through probate in Ohio.
Cars and Probate in Ohio
If you do not want your car to go through probate in Ohio, then you can set up a transfer on death for your car. Then, once you pass away, the person you designated in your TOD document will receive your car.
Creating the Transfer on Death for Your Car
To create the TOD document for your car, you will need to fill out a TOD form. You can find it on the Ohio BMV website; it’s officially called an Affidavit to Designate a Beneficiary (form BMV 3811). You’ll have to sign your form, have it notarized, and file it with the County Clerk of Courts Title Office. Note that you can transfer your car to a person, organization, trust, corporation, or any other legal entity.
Getting the Car
In order for your beneficiary to claim ownership, they will need to take the original Ohio title, a certified copy of your death certificate, application for a Certificate of Title to a Motor Vehicle (Form BMV 3774), government-issued driver license or identification card, and payment for title fees to the BMV.
Contacting Richard P. Arthur
Richard P. Arthur, Attorney at Law, can help you transfer your car and any other assets. You can call 937-254-3738 for a consultation. He has nearly three decades of experience advocating for families in Dayton and Trotwood, as well as Montgomery, Greene, Miami, Clark, and Warren counties.