Secretary of State Jesse Whitecyberdriveillinois.com home page
Skip to Content
SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT

Title & Registration

Corrected Title - Deceased


Documents Required if Probated  |  Small Estate Affidavit  |  Attorney's Affidavit  |  Joint Ownership  |  Lost Title



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:

  1. A certified copy of letters of administration or testamentary showing the name of the legal representative of the estate.
  2. A decedent's title assigned by the legal representative of the estate to the buyer.
  3. A completed Application for Vehicle Transaction(s) (VSD 190). If the vehicle will not be operated, the buyer may obtain only a title by using an Application for Vehicle Transaction(s) (VSD 190). The current odometer reading must be indicated on the application and the proper box checked.
  4. The $95 title fee and any applicable registration fees as specified on the application, made payable to the Secretary of State.
  5. Proof of compliance with the Vehicle Use Tax (RUT-50) and appropriate taxes as specified on the form, made payable to the Illinois Department of Revenue but submitted to the Office of the Secretary of State.

Note: 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.

Back to Top


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:

  1. A Small Estate Affidavit describing the vehicle year, make and vehicle identification number. The affiant does not have to be an heir or legatee. If there is a will, a certified copy must be submitted.
  2. The decedent's title, which does not need to be assigned.
  3. A copy of the death certificate or abstract.
  4. A completed Application for Vehicle Transaction(s) (VSD 190). If the vehicle will not be operated, the buyer may obtain only a title by using an Application for Vehicle Transaction(s) (VSD 190). The current odometer reading must be indicated on the application used and the proper box checked.
  5. The $95 title fee and any applicable registration fees as specified on the application, made payable to the Secretary of State.
  6. Proof of compliance with the Vehicle Use Tax (RUT-50) and appropriate taxes as specified on the form, made payable to the Illinois Department of Revenue but submitted to the Office of the Secretary of State.

Back to Top


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:

  1. Attorney's Affidavit on the attorney's letterhead, stating:
    • The name and last address of the decedent.
    • The date of death.
    • The year, make and vehicle identification number (VIN) of the vehicle.
    • To whom the vehicle is being transferred and the relationship to decedent, if any.
    • Any other pertinent facts relating to the transfer of the vehicle.

  2. A copy of the death certificate or abstract.
  3. The decedent's title.
  4. A completed Application for Vehicle Transaction(s) (VSD 190). If the vehicle will not be operated, the buyer may obtain only a title by using an Application for Vehicle Transaction(s) (VSD 190). The current odometer reading must be indicated on the application used and the proper box checked.
  5. The $95 title fee and any applicable registration fees as specified on the application, made payable to the Secretary of State.
  6. Proof of compliance with the Vehicle Use Tax (RUT-50) and appropriate taxes as specified on the form, made payable to the Illinois Department of Revenue but submitted to the Office of the Secretary of State.

Back to Top


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:

  1. A copy of the death certificate or abstract.
  2. The original title (jointly owned) must be surrendered and need not be assigned.
  3. An Application for Vehicle Transaction(s) (VSD 190), marked corrected, to have the decedent's name removed from the title. The current odometer reading must be indicated on the application, including the proper box checked.
  4. If the applicant plans to operate the vehicle, in addition to applying for a corrected title, he or she must submit an Application for Vehicle Transaction(s) (VSD 190) to correct the registration. A current registration can be assigned to the surviving joint owner.
  5. The $95 title fee and if applicable, a $3 corrected registration fee made payable to the Secretary of State.

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

  1. A copy of the death certificate or abstract.
  2. The original title (jointly owned) must be properly assigned by the surviving owner(s) transferring the vehicle to the buyer. The current odometer reading must be certified on the assignment of title.
  3. The buyer must submit the assigned title and completed Application for Vehicle Transaction(s) (VSD 190). If the vehicle will not be operated, the buyer may obtain only a title by using an Application for Vehicle Transaction(s) (VSD 190). The current odometer reading must be indicated on the application, including the proper box checked.
  4. The $95 title fee and any applicable registration fees as specified on the application, made payable to the Secretary of State.
  5. Proof of compliance with the Vehicle Use Tax (RUT-50) and appropriate taxes as specified on the form, made payable to the Illinois Department of Revenue but submitted to the Office of the Secretary of State.

Back to Top


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.

Back to Top

 
 
BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE