8.7.3

NON-PROBATE (ESTATE)

Effective Date: September 26, 2025

Review Due: September 26, 2027

Summary of Changes

Changed $75,000 to $200,000 in Section A(3).

Purpose

To provide guidelines for the transfer of a Certificate of Title for a vehicle or mobile home to the heir (successor) of a deceased person’s estate.

Authority

Laws 2025, Chapter 24, HB2116, A.R.S. §§ 14-2101, 14-3971, 14-3972, 14-6101, 14-6102, 28-2052, 28-2054, 28-2059 and 28-5936.

Policy

1. The Division is authorized to transfer the ownership of a vehicle/mobile home to the successor of a deceased person, provided the following conditions are met:

1. Thirty days have lapsed since the death of the deceased person.

2. The estate is not under the jurisdiction of a probate court.

3. The value of all the decedent’s personal property, including vehicles, may not exceed $200,000.

Note:    It is not the responsibility of the Division to determine the genuineness or legality of the successor's claim as successor or the value of the decedent’s personal property.

2. A properly completed Non-Probate Affidavit, form #32-6901, is required.

1. The Non-Probate Affidavit, form #32-6901, with the title of record if available and all other required documents must be submitted to complete a transfer of ownership when the title of record is in the deceased person’s name.

2. The affidavit may not be used by the successor to transfer the vehicle to another party.

• Additional owners may be included on the application for title.

3. When the title is not in the name of the deceased person, the title of record or a Title Transfer Bill of Sale, form #38-1306, in the deceased person’s name as the buyer is required. The successor must obtain a title in the name of the deceased person before the vehicle/mobile home can be transferred to the successor.

• If the successor has no ownership documentation in the deceased person’s name the successor must complete a bond process, see Policy 8.7.1 Bonded Title.

4. When a successor claims ownership to a vehicle that is titled in another state, the out-of-state affidavit made by the successor is acceptable provided it meets the requirements in A.R.S. § 14-3971.

• There is no requirement that the owner must have died in Arizona or that the vehicle/mobile home must be in Arizona at the time of the owner’s death.

5. When more than one owner is listed on the title and the legal status is “or”, this signifies that both owners have Joint Tenancy and the surviving owner has all rights to the vehicle. The surviving owner may either title the vehicle in their (the surviving owner’s) name without any additional documentation, or transfer the vehicle to another individual/entity as any other title transfer with a legal status of “or”.

6. When more than one owner is listed on the title and the legal status is “and/or”, this signifies that the owners have Joint Tenancy with rights of survivorship and the surviving owner must provide a death certificate of the deceased owner to title the vehicle in the surviving owner’s name.

7. When more than one owner is listed on the title and the legal status is “and”, this signifies Tenants in Common but without rights of survivorship. Each owner has a distinct separate ownership right, and the deceased owner’s interest in the vehicle can only pass to a successor through a certified probate court order or a Non-Probate Affidavit, form #32-6901.

1. If the successor is the surviving owner, the title can be placed solely in the surviving owner’s name.

2. If the successor is an individual other than the surviving owner, the successor and the surviving owner will be co-owners on the title with the legal status “and”. The surviving owner does not need to sign or be present for the deceased owner’s successor to be added to the title.