What Happens If Two People Own a Car And One Dies in Nebraska

When one of two co-owners listed on a Nebraska vehicle title dies, the transfer of ownership depends on how the names appear on the title document and whether the deceased owner's share passes to the surviving co-owner or to the estate. Nebraska recognizes distinct ownership rights based on the wording of the title, and the state provides multiple paths to update title and registration records to reflect the current legal owner.

Determine How the Names Appear on the Nebraska Car Title

The language connecting the owners' names on a Nebraska certificate of title determines whether survivorship rights apply and who has authority to manage the vehicle after death.

If the Title Shows Survivorship Language

If the certificate of title shows the co-owners' names separated by the word "OR" or includes the designation "With Rights Of Survivorship" (WROS), Nebraska recognizes joint ownership with survivorship rights. In this arrangement, the surviving co-owner receives the vehicle automatically by operation of law upon the death of the other owner. The surviving owner may either transfer the vehicle directly to a third party by executing a bill of sale and providing the death certificate or abstract of death to the county treasurer or request that a new title be issued in the surviving owner's name alone before transferring the vehicle.

Alternatively, owners may establish a Transfer on Death (TOD) designation on the certificate of title. With a TOD designation, a specified beneficiary automatically receives the vehicle upon the owner's death, provided no subsequent title application has been filed by the owner. A trust may serve as the TOD beneficiary. The beneficiary has no interest in the vehicle until the death occurs and may transfer ownership to a third party or request a title in their own name by presenting the death certificate or abstract of death to the county treasurer.

If the Title Does Not Show Survivorship Language

If the co-owners' names on the title are separated by the word "AND" or "AND/OR," or no conjunction appears between them, Nebraska treats the ownership as tenancy in common without survivorship rights. In these cases, the surviving co-owner cannot obtain a title solely in their name without a probate court order. The deceased owner's estate retains an interest in the vehicle, and a judge must determine, through probate proceedings, whether the surviving owner has the right to take full ownership.

Nebraska Car Title Rules After One Owner Dies

The Nebraska Department of Motor Vehicles (DMV) requires the title and registration records to be updated to reflect the death of a co-owner. When a title indicates joint ownership with survivorship language, such as "OR" or "WROS," or a TOD designation, the surviving owner or designated beneficiary may provide a copy of the death certificate or an abstract of death to the county treasurer and either execute a new title or transfer the vehicle to another owner. Any unreleased lien on the current title will transfer to the new title.

If the title is held without survivorship rights, the vehicle cannot be retitled to the surviving owner alone without a court order appointing an estate representative. An individual appointed by the court to administer the estate must properly assign the title to transfer ownership.

Does a Car Go Through Probate in Nebraska if One Owner Dies?

The answer depends on the ownership structure and the total value of the deceased owner's personal property.

Joint ownership with survivorship rights (OR or WROS). If the title shows survivorship language, the vehicle passes to the surviving owner outside of probate. No court involvement or estate proceeding is required.

Transfer on Death (TOD) designation. If the certificate of title includes a TOD beneficiary designation, the vehicle passes to the designated beneficiary outside of probate upon the owner's death, subject to any lienholder rights. No court involvement is required.

Joint ownership without survivorship rights (AND or AND/OR). If the title shows no survivorship language, the vehicle becomes part of the deceased owner's estate, and probate may be required.

Vehicle titled solely in the deceased owner's name or all owners deceased. If a vehicle is titled only in the name of the deceased owner (or all co-owners are deceased) and the total value of all personal property in the estate, minus liens and encumbrances, does not exceed $100,000, the vehicle may be transferred without probate. The process requires submission of an Affidavit for Transfer of Decedent's Vehicle/Motorboat to the county treasurer of the county where the successor resides.

If the total personal property exceeds $100,000 or if an estate proceeding is pending or has been granted, the vehicle cannot be transferred through the affidavit process. Instead, a court-issued letter of appointment for the personal representative, administrator, executor, or equivalent must accompany the title assignment.

How To Transfer a Car Title in Nebraska After a Co-Owner Dies

The steps for updating the title and registration vary depending on the ownership structure, the estate's value, and whether probate is involved.

General Process

Determine ownership structure. Review the current certificate of title to confirm whether the co-owners' names are joined by OR, WROS, AND, AND/OR, or no conjunction. Also check whether a TOD beneficiary designation appears on the title.

Gather required documents. Collect the current certificate of title (if available), a copy of the death certificate or abstract of death, and any court appointment documents or affidavits required under the ownership structure.

Complete the appropriate application or affidavit. Depending on the circumstances, the successor or estate representative will submit either:

• An Application for Certificate of Title with death certificate if claiming survivorship rights or TOD beneficiary status
• An Affidavit for Transfer of Decedent's Vehicle/Motorboat if the estate is below the $100,000 threshold and no probate is pending
• A court letter of appointment and title assignment if the estate is being probated

Submit documentation to the County Treasurer. All applications, affidavits, and supporting documents must be submitted to the County Treasurer's office in the county where the successor resides or where the vehicle is to be registered.

Pay the required fee. Submit the applicable fee with the completed application or affidavit.

Applicable Fees

Fees are payable to the County Treasurer. Some counties may assess additional local fees or taxes.

Surviving Spouse

Nebraska law does not provide a separate deadline or exemption for surviving spouses transferring vehicle titles. A surviving spouse follows the same procedures as any other heir or survivor, depending on how the title is held and the circumstances of the estate. If the vehicle title shows survivorship language, a TOD designation, or the total personal property is below $100,000, the surviving spouse may proceed with a title transfer application or affidavit without probate.

Documents Needed to Transfer a Nebraska Car Title After Death

The specific documents required depend on whether the title shows survivorship rights, a TOD designation, the value of the estate, and the status of any probate proceeding.

Common Documents

• Current certificate of title (if available)
• Death certificate or abstract of death (certified or authenticated copy)
• Application for Certificate of Title (for new title applications)
• Affidavit for Transfer of Decedent's Vehicle/Motorboat (if estate is below $100,000 and no probate is pending)
• Letter of appointment from the probate court for the personal representative, administrator, special administrator, executor, or equivalent (if estate is being probated)
• Odometer Disclosure Statement (if the Nebraska title is not available and the vehicle is a motor vehicle)
• Bill of sale or assignment from the current owner (if transferring to a new owner)

For probated estates: Provide a letter of appointment by the court or a court order authorizing the personal representative to transfer the vehicle.

For non-probated estates below $100,000: Submit the completed Affidavit for Transfer of Decedent's Vehicle/Motorboat with the death certificate or abstract of death attached. The affidavit must include a statement that no petition for appointment of a personal representative is pending or has been granted, or that the estate has been closed for more than ten years. The successor's signature on the affidavit must be notarized. Thirty days must have elapsed since the date of death before the affidavit can be submitted.

For TOD beneficiaries: Present the death certificate or abstract of death to the county treasurer along with an Application for Certificate of Title to obtain a title in the beneficiary's name or to transfer ownership to another party.

What if There Is a Loan on the Car?

If a lien exists on the vehicle, the lienholder information shown on the new title application must match the lender information on the current certificate of title. Any unreleased lien will automatically transfer to the new title. Applicants should present the current title and all lien-related documents to the County Treasurer so that the ownership transfer and lien information can be reviewed together and accurately reflected on the new certificate.

Contact Information

Nebraska Department of Motor Vehicles
301 Centennial Mall South, Lincoln, NE 68509-4877
Phone: (402) 471-3985
Official Website: Nebraska Department of Motor Vehicles