What Happens If Two People Own a Car And One Dies in Illinois
When one of two co-owners on an Illinois vehicle title passes away, the surviving owner must follow specific procedures to update the title and registration. Illinois law distinguishes between joint tenancy ownership—in which the surviving co-owner typically becomes the sole owner by operation of law—and other forms of ownership. The Vehicle Services Department of the Illinois Secretary of State administers these transfers and requires prompt notification and updated titling within prescribed timeframes.
Determine How the Names Appear on the Illinois Car Title
Under Illinois law, the form of ownership on a vehicle title is determined by how multiple names are recorded. According to Section 3-107.1 of the Illinois Vehicle Code, when a certificate of title lists two or more persons, the title is presumed to be held as joint tenants with right of survivorship.
If the Title Shows Survivorship Language
When two names appear on an Illinois title, they are automatically treated as joint tenants with right of survivorship. This presumption applies regardless of whether the title explicitly states "and," "or," "and/or," or uses no conjunction between the names. Upon the death of a joint tenant, the surviving joint tenant becomes the owner of the vehicle by operation of law, meaning the interest passes automatically without probate.
If the Title Does Not Show Survivorship Language
Illinois law presumes all titles with multiple names are joint tenancies with survivorship rights. The surviving co-owner does not need to establish survivorship through the deceased owner's estate. However, the surviving owner must still complete a title transfer within the required timeframe and provide appropriate documentation, including a copy of the death certificate.
Illinois Car Title Rules After One Owner Dies
The procedure for updating the title and registration following the death of a joint tenant is prescribed in 92 Ill. Adm. Code § 1010.150. When the title is held jointly, the surviving joint tenant becomes the legal owner immediately. However, the title record must be corrected to reflect the co-owner's death and remove the deceased owner's name.
The surviving joint tenant must apply for a corrected title within 120 days of the co-owner's death. The application must be accompanied by a copy of the death certificate or abstract. Once the corrected title is issued, the surviving joint tenant may operate the vehicle using the current registration until the registration expires, without paying renewal registration fees in the interim.
If the surviving joint tenant intends to operate the vehicle, an application to correct the registration must also be submitted. A current registration will be assigned to the surviving owner. If the vehicle will not be operated on public highways, the surviving owner may obtain only a corrected title without registration.
Does a Car Go Through Probate in Illinois if One Owner Dies?
No. When a vehicle title is held in joint tenancy, the interest in the vehicle does not pass through the deceased owner's estate. The surviving joint tenant receives ownership directly by operation of law, bypassing the probate process entirely. No letters of administration, letters testamentary, or other probate documentation is required to complete the title transfer.
If the deceased owner's interest is separate from joint tenancy—for example, if ownership is held as tenancy in common or if only one name appears on the title—then probate procedures may be necessary. In such cases, depending on the value of the estate and whether it exceeds $150,000 (excluding motor vehicles), the transfer may proceed through probate court, using a small estate affidavit if the estate does not exceed that threshold, or through an attorney's affidavit under 625 ILCS 5/3-114.
How To Transfer a Car Title in Illinois After a Co-Owner Dies
General Process
The surviving joint tenant must complete a corrected title application with the Illinois Secretary of State to remove the deceased co-owner's name. The following steps outline the standard procedure:
- Gather the current title (jointly owned) and a copy of the death certificate or abstract of the deceased co-owner.
- Complete an Application for Vehicle Transaction(s) (Form VSD 190), marking the application as "Corrected." The current odometer reading must be recorded on the application, and the appropriate box must be checked to indicate that the title is being corrected.
- If the surviving owner intends to operate the vehicle, also complete an Application for Vehicle Transaction(s) (VSD 190) to correct the registration, which will assign a current registration to the surviving owner.
- Surrender the original jointly owned title to the Secretary of State. The title does not need to be assigned by the deceased owner.
- Submit all documents and the required fee(s) to the Secretary of State either by mail to the Vehicle Services Department or in person at a designated DMV office.
- Ensure compliance with the Vehicle Use Tax, if applicable, by submitting the Illinois Department of Revenue form (RUT-50).
Applicable Fees
The following table identifies the primary fees associated with correcting a vehicle title following the death of a co-owner:
| Fee Type | Amount | When It Applies |
|---|---|---|
| Corrected Title | $15 | Removal of deceased co-owner's name from jointly held title |
| Corrected Registration | $2 | Updating registration to reflect the surviving owner if the vehicle will be operated |
| Original Title | $165 | If corrected title is not applicable; used when transferring to a third party |
| Duplicate Title | $50 | If the original title is lost or unavailable |
| Registration Renewal Sticker | $151 (standard passenger vehicle) | Upon expiration of current registration; surviving joint tenant does not pay until renewal is due |
Fees are made payable to the Illinois Secretary of State. Additional taxes may apply depending on the circumstances of the transfer. All applicable fees, title applications, and tax documentation should be submitted together.
Surviving Spouse
Illinois law does not impose a separate or accelerated deadline for surviving spouses beyond the standard 120-day requirement that applies to all surviving joint tenants. A surviving spouse who is listed as a co-owner on a jointly held vehicle title follows the same corrected title procedure as any other surviving joint tenant.
If a surviving spouse is not listed as a joint tenant on the deceased spouse's vehicle title, the surviving spouse may still demonstrate the marital relationship by submitting a copy of the death certificate along with the title application. Surviving spouses and surviving joint tenants are not required to pay vehicle registration fees until the current registration expires.
Documents Needed to Transfer an Illinois Car Title After Death
Common Documents
The following documents are required when the surviving joint tenant applies for a corrected title:
- The original vehicle title (jointly owned), surrendered but not requiring assignment by the deceased owner.
- A copy of the death certificate or an abstract of the death certificate, issued by the appropriate vital records office.
- Application for Vehicle Transaction(s) (Form VSD 190), completed and signed by the surviving joint tenant, marked as a corrected title application.
- If the surviving joint tenant intends to operate the vehicle, an additional Application for Vehicle Transaction(s) (VSD 190) for registration correction is needed.
- Proof of compliance with Vehicle Use Tax requirements, if applicable, in the form of Illinois Department of Revenue form RUT-50 or equivalent documentation.
- Any additional documentation requested by the Vehicle Services Department to establish proof of death and surviving ownership.
What if There Is a Loan on the Car?
If a lender holds a security interest (lien) in the vehicle, the title will have been mailed to the lienholder. The surviving joint tenant must address the lien status before or concurrently with the corrected title application.
If the loan has been paid in full, the surviving owner should obtain a lien clearance letter from the lienholder or evidence that the lien has been satisfied and submit it with the corrected title application. Alternatively, the lienholder may execute a release of lien, which will be noted on the new corrected title.
If the loan remains outstanding, the lienholder's name and address must remain on all title and registration documentation. The surviving joint tenant should contact the lienholder directly to discuss the loan obligations and any required payments or transfers related to the change in ownership.
Contact Information
Vehicle Services Department
Michael J. Howlett Building, 501 S. Second St., Room 312, Springfield, IL 62756
Phone: Toll-free (800) 252-8980
Official Website: Vehicle Services
