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TITLE AND REGISTRATION


Corrected Title - Deceased

Upon the death of a vehicle owner, the procedure for transferring the vehicle title depends on whether the title was in the individual name of the decedent or in joint ownership. If the title was in the decedent's name only, the procedure depends on whether the decedent's estate is being probated.

Documents Required if Probated

The Office of the Secretary of State requires the following documents to transfer the title:

Corrected title applications involving the removal of a name because of a divorce or death of a co-owner or for changing an owner's name because of marriage must be accompanied with a $15 title fee. Other changes may be made at the same time providing divorce, death of a co-owner or marriage is the prevailing reason for the change.

Small Estate Affidavit

If a decedent's estate is not being probated and the value of the personal estate does not exceed $100,000. The Small Estate Affidavit procedure applies and the following documents must be submitted:

Attorney's Affidavit

If the estate is not being probated and if the Small Estate Affidavit procedure is not applicable or appropriate, the transfer may be accomplished by the Attorney's Affidavit procedure described in the Illinois Complied Statues (625 ILCS 5/3-114). The following documents must be submitted to this office:

Joint Ownership

A title in the names of two or more persons is considered to be in joint tenancy. Upon the death of one of them, the surviving joint tenant(s) becomes the owner(s) of the vehicle by law. Within 120 days after the decedent's death, the surviving joint owner(s) must apply for a title in his or her own name(s) unless transferring the title to someone else.

If the application is the surviving joint owner, submit the following documents:

If the surviving joint owner is transferring the title to another individual, submit the following documents:

Lost Title

If a title is lost, it is not necessary to apply for a Duplicate Title in any of these situations. However, in each case an affidavit must be made indicating that the title has been lost and a statement submitted explaining the transfer of the vehicle.

In cases where the Small Estate Affidavit or Attorney's Affidavit procedure is applicable, the statement about the lost title may be included in the affidavit. In cases where the letters of administration procedure is applicable, a statement must be included about the lost title. The statement must list the vehicle year, make, model, vehicle identification number and the new buyer's name, if applicable, and be signed by the executor.