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

When one of two individuals listed on a Wisconsin vehicle title dies, the transfer of ownership depends on how the names appear on the title document and whether Wisconsin law recognizes survivorship rights in that ownership arrangement. Wisconsin requires title and registration records to reflect current ownership, so the surviving co-owner, estate representative, or heir must promptly apply for title correction through the Department of Transportation or a designated agent.

Determine How the Names Appear on the Wisconsin Car Title

The conjunctions and language used to describe ownership on a Wisconsin vehicle title determine whether the property passes automatically to the surviving owner or becomes part of the deceased owner's estate. Wisconsin Statutes Chapter 700 governs concurrent ownership of property, including vehicles, and establishes presumptions based on title documentation.

If the Title Shows Survivorship Language

When the title lists names joined by language expressing survivorship intent, such as "or," "and/or," "joint tenants," "joint owners," "jointly," "the survivor," or similar phrasing indicating survivorship with right of survivorship, Wisconsin recognizes a joint tenancy with right of survivorship. Upon the death of one joint tenant, the surviving co-owner automatically becomes the sole owner by operation of law, and the deceased owner's interest is extinguished. No probate is required for the ownership transfer to occur, although the title record must be corrected to reflect only the surviving owner's name.

If the Title Does Not Show Survivorship Language

When the title shows names joined only by "and," or when two or more names appear without any conjunctive language, Wisconsin treats the ownership as tenancy in common. In a tenancy in common, there is no automatic right of survivorship. Upon the death of one tenant in common, that owner's share does not pass directly to the surviving co-owner; instead, it becomes part of the deceased owner's estate and is subject to probate or small-estate procedures as applicable.

Wisconsin Car Title Rules After One Owner Dies

Wisconsin law requires that vehicle title and registration records be corrected following the death of an owner to reflect accurate ownership. The Wisconsin Department of Transportation recognizes two primary ownership scenarios based on title language, and the process for updating the title differs accordingly.

When a vehicle title includes survivorship language, the surviving co-owner holds full legal title and may apply to have the deceased co-owner's name removed from the title and registration. The surviving co-owner receives a new certificate of title showing only their name as owner. The Department of Transportation does not charge a title transfer fee for surviving spouses or surviving domestic partners who use the prescribed form, nor does it charge a replacement title fee if the current title is lost or unavailable during this process.

When a vehicle title reflects tenancy in common with no survivorship language, the deceased co-owner's interest passes to the estate. The surviving co-owner retains their undivided interest but does not automatically acquire the deceased co-owner's share. Title correction requires involvement of the estate representative or, if no probate occurs, an heir or qualified family member using small-estate procedures.

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

The probate implications depend on both the ownership structure reflected on the title and the total value of the deceased owner's estate.

Joint Tenancy With Survivorship: If the vehicle is titled with survivorship language such as "or," "and/or," or similar phrasing, the property passes outside the estate by operation of law. No probate is required for the vehicle itself. The surviving co-owner may correct the title without involvement in the deceased owner's probate estate.

Tenancy in Common (No Survivorship): If the vehicle is titled as tenancy in common with no survivorship language, the deceased co-owner's interest becomes part of the estate. Wisconsin law provides two pathways for title transfer in this circumstance:

• Small-Estate Transfer Without Probate: If the entire Wisconsin estate of the deceased owner does not exceed $50,000 in gross value, an heir may use a transfer by affidavit procedure to transfer the vehicle without formal probate. An heir using this process completes a Wisconsin court-provided form (PR-1831) and submits it along with the vehicle title application to the Department of Transportation.
• Estate Probate: If the estate exceeds $50,000 or the family chooses to probate the estate, the court appoints a personal representative (executor or administrator). The personal representative obtains court-issued documents, such as letters testamentary or letters of administration, which authorize the representative to sign the title as seller on behalf of the deceased owner's interest. These court documents accompany the title application to the Department of Transportation.

For a vehicle titled in joint tenancy with survivorship language, if the ownership is listed as "or," only the surviving co-owner's signature is required on the title to complete a sale or transfer. If the ownership is listed as "and," both the surviving co-owner and the deceased owner's legal representative must sign the title, or if one person holds both roles, that person signs twice.

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

Wisconsin allows title applications to be submitted by mail to the Department of Transportation or filed in person at a DMV Customer Service Center.

General Process

The process for correcting the title depends on the ownership structure and estate circumstances:

1. Review the current certificate of title to determine the ownership structure and identify the conjunctive language used between the names.
2. Gather the current Wisconsin certificate of title. If the title is lost or unavailable, request a replacement title using Form MV2119 before proceeding with the transfer.
3. Obtain a certified or official copy of the deceased owner's death certificate.
4. Complete the appropriate transfer form based on the ownership structure:
   • For surviving spouses, surviving domestic partners, or certain qualifying heirs transferring from a decedent with solely-owned property not exceeding $50,000 in value, use the Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner, or Heir (Form MV2300).
   • For other heirs, use form MV2300 provided the total solely-owned estate does not exceed $50,000.
   • For transfers involving a probated estate exceeding $50,000 or involving solely-owned property above the small-estate threshold, provide original or certified copies of the personal representative papers issued by the court (letters testamentary, letters of administration, or equivalent court orders).
5. Complete the Wisconsin Title & License Plate Application (Form MV1), or use the MV1 Online Application Guide to generate a pre-filled application with calculated fees.
6. Submit all documents along with the appropriate fee (if applicable) by mail or in person to the Department of Transportation.

Applicable Fees

Fees vary based on the transferee's relationship to the deceased owner and the circumstances of the transfer.

Surviving Spouse

Wisconsin provides favorable procedures for title transfer for surviving spouses and surviving domestic partners. A surviving spouse or surviving domestic partner may transfer ownership of up to five vehicles that were solely owned by the deceased spouse or domestic partner without payment of a title transfer fee. The surviving spouse or domestic partner completes Form MV2300 and submits it with the current title, a copy of the death certificate, and the completed Form MV1. No replacement title fee is charged if the title is lost, and form MV2119 must be filed.

When the vehicle is titled in joint ownership between the surviving spouse and the deceased spouse:

• If the title lists the spouses as "or," the surviving spouse signs as the seller on the back of the title.
• If the title lists the spouses as "and," the surviving spouse and the deceased spouse's legal representative must both sign as sellers, or if the surviving spouse is also the legal representative, that person signs twice.

Upon acquiring ownership through death, a surviving spouse must apply for a certificate of title in their own name within 20 days of the acquisition.

If more than five solely owned vehicles are transferred to a surviving spouse or domestic partner, the remaining vehicles must be handled by an estate administrator, an estate executor, or a court order.

Documents Needed to Transfer a Wisconsin Car Title After Death

The specific documents required depend on the ownership structure reflected on the title and whether the estate is probated or transferred using small-estate procedures.

Common Documents

• Current Wisconsin certificate of title. If unavailable, file Replacement Title Application (Form MV2119), with the $20 replacement fee.
• Certified or official copy of the death certificate issued by Wisconsin Vital Records or the state where death occurred.
• Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner, or Heir (Form MV2300). This form is used by surviving spouses, surviving domestic partners, and heirs to transfer vehicles from an estate valued at not more than $50,000 in sole ownership. The form includes certification statements and eligibility requirements for fee waivers.
• Wisconsin Title & License Plate Application (Form MV1), or a pre-filled version generated through the MV1 Online Application Guide.
• For probated estates or estates exceeding $50,000 in value: Original or certified copies of court-issued personal representative documents, including letters testamentary, letters of administration, or an equivalent court order identifying the authorized representative and their powers.
• For small-estate transfers without probate: If using the small-estate affidavit procedure for estates not exceeding $50,000, consult the Wisconsin Transfer by Affidavit form (PR-1831) issued by the Wisconsin court system. This form may be required by the court before the Department of Transportation processes the vehicle title transfer.
• Any additional documents the Department of Transportation or its designated agent requests.

What if There Is a Loan on the Car?

If the vehicle is subject to a recorded lien, the lienholder's name and interest must remain accurately reflected on the title during the transfer process. When submitting a title application following the death of a co-owner, the applicant should provide all lien-related documents and the current certificate of title showing the lien to the Department of Transportation or designated agent. The department will review the ownership transfer and lien information together to ensure the surviving owner or heir receives a corrected title reflecting the proper ownership while preserving the lienholder's security interest.

If the vehicle title is held by a lending institution, the borrower or estate representative should contact the lender directly to obtain the title for processing and to determine whether the lender requires additional documentation or procedures to update its records following the owner's death.

Contact Information

Wisconsin Department of Transportation, Division of Motor Vehicles
P.O. Box 7949, Madison, WI 53707-7949
Phone: (608) 266-1000
Official Website: Wisconsin Division of Motor Vehicles