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Beneficiaries and Surviving Spouse Transfers

Adding a Beneficiary

An individual, as a sole owner of a motor vehicle, watercraft or outboard motor, may elect to designate a beneficiary or beneficiaries to an Ohio title. The beneficiary may be an individual, a corporation, an organization, a trust or other legal entity. 
What do I need to add a beneficiary to my title?

  1. Original Ohio Title 
  2. Affidavit for designation of beneficiary (BMV 3811) 
  3. Application for Certificate of Title. 
  4. A government issued driver’s license or identification card. 
  5. $15.00 title fee* * add $1.00 fee per notarization. We accept cash, check or credit card payments (with a 3% fee). Please make checks payable to: Franklin County Clerk of Courts. Note: Affidavit for designation of beneficiary and application for certificate of title can be obtained and completed in our office

Upon the death of the owner, the beneficiary submits the title, a certified copy of the death certificate and proper identification to apply for a title in their name. (ORC §2131.13)
The beneficiary may receive title transfers without probate court proceedings if none of the items are disposed of by a will.

Surviving Spouse Transfers

If the owner did not add a beneficiary to their title prior to their death, the surviving spouse may still apply for a Surviving Spouse Transfer. 
Steps to obtaining a title transfer upon death of a spouse.

  1. Surviving Spouse Affidavit must be signed by the surviving spouse and notarized and will include the value of the vehicle. This form will accompany the certificate of title for issuance.
  2. A certified copy of the death certificate.
  3. Provide a government issued driver’s license or identification card
  4. Any number of vehicles may be transferred whose combined value does not exceed $65,000
  5. Odometer reading is not required 
  6. No tax or tax form is due
  7. If there is a lien on the decedent's title that is going to be carried forward, the title may be issued "without" the loan agreement or letter from the lien holder. A memorandum certificate will be issue for the surviving spouse to obtain license plates.

Surviving Spouse Q and A's

Can a person take title to a recreational vehicle by surviving spouse?

No, a recreational vehicle is not an automobile as defined in External linkORC §2106.18.

Can a person take title to a truck by surviving spouse?

Yes, if the truck was used as a conveyance vehicle by the deceased or the decedent's family. Commercial trucks such as a Kenworth or Peterbilt cannot be titled by Surviving Spouse.

Can a person take title to a motorcycle by surviving spouse?

Yes, this went into effect on March 23, 2006 in House Bill 246. The decedent must have passed away after March 23, 2006.

Can a person take title to a mobile home/manufactured home by surviving spouse?

No, we cannot title a mobile or manufactured home as it is not an automobile as defined in External linkORC §2106.18.

Court Ordered Titles

The Clerk of the External linkCommon Pleas Court in each Ohio County has principal responsibility for issuing motor vehicle certificates of title on behalf of, and in cooperation with, the External linkBureau of Motor Vehicles (BMV),  External link Ohio Department of Public Safety. A properly issued motor vehicle certificate of title is the primary evidence of ownership of the motor vehicle described in the certificate.

In a limited number of circumstances a judge of the External linkCommon Pleas Court can order the Clerk of Courts Auto Title Division (title office) to issue you a motor vehicle certificate of title. These circumstances include:

  • When the original certificate of title issued by the External linkState of Ohio or any other state has been lost, destroyed or stolen and a duplicate of that certificate as provided by Section External linkORC §4505.12 of the Ohio Revised Code is not available from the Clerk or BMV due to a lack of historical title records;
  • When you have purchased a vehicle but the previous owner has failed, refused or otherwise been unable to furnish you with a properly assigned certificate of title;
  • When you have been given a vehicle or it has been left in your possession and ownership, but the previous owner has failed, refused or otherwise been unable to complete the transaction by supplying required documents; or
  • When you are owner of a repair garage or vehicle storage facility who is in possession of a vehicle valued at more than $3,500.00 after deduction of repairs, which vehicle has remained unclaimed by the owner more than fifteen days after notice to reclaim the vehicle.

The Ohio Revised Code sets forth specific procedures to follow in instances other than the four listed above. Here are some examples of circumstances with respect to which Section External linkORC §4505.10 of the Ohio Revised Code does not apply:

  • When you are owner of a repair garage or storage facility in possession of a vehicle valued at less than $3,500.00 after deduction of repairs, which vehicle has remained unclaimed by the owner more than fifteen days after notice to reclaim the vehicle (See, External linkORC §4505.101);
  • When you are the operator of a manufactured home park attempting to remove a tenant’s manufactured home from the home park property (External linkORC §3733.091 and External linkORC §1923.12);
  • When you are a pawnbroker seeking forfeiture and title to a motor vehicle that has not been redeemed by the owner after expiration or breach of the loan secured by that motor vehicle (See, External linkORC §4505.102); or
  • When a motor vehicle, whether a “junk motor vehicle” or not, has been abandoned on private property owned by you; and you do not want title to the motor vehicle, but rather simply want it moved or disposed of (See, External linkORC §4513.60 through External linkORC §4513.65, inclusive).

If you believe that External linkORC §4505.10 of the Ohio Revised Code does apply to your situation, there are certain steps you will need to take before the Court can consider your petition for an Order directing the title office to issue a motor vehicle certificate of title to you.

Opens in new windowCourt Order Instructions (PDF)

Opens in new windowCourt Order Process for Motor Vehicles (PDF)