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

When one of two co-owners listed on a South Carolina vehicle title dies, the transfer of ownership depends primarily on how the names are joined on the title document. South Carolina law recognizes two distinct forms of co-ownership, each producing different outcomes after a co-owner's death. The surviving co-owner or the estate representative must initiate a title transfer through the South Carolina Department of Motor Vehicles (SCDMV) to correct the ownership record and ensure legal compliance.

Determine How the Names Appear on the South Carolina Car Title

Under South Carolina Code Title 56, Chapter 19, the manner in which names are listed on the certificate of title establishes the ownership structure and determines what happens when a co-owner dies. Two primary configurations exist, each triggering distinct legal and procedural consequences.

If the Title Shows Survivorship Language

When a South Carolina vehicle title lists two owners joined by the word "or," the two individuals are designated as co-owners under a survivorship arrangement. In this configuration, either co-owner may independently complete transactions related to the vehicle during both parties' lifetimes. Critically, upon the death of one co-owner, the surviving co-owner automatically assumes full ownership of the vehicle by operation of law. The deceased owner's name does not pass into the estate; rather, the surviving co-owner retains immediate ownership rights without probate proceedings or court involvement. The surviving co-owner may then transfer the title into his or her sole name alone or take any other action with the vehicle.

If the Title Does Not Show Survivorship Language

Conversely, when two owners are listed on the title joined by the word "and," South Carolina designates this arrangement as tenants in common. In this structure, both parties must jointly authorize any transaction affecting the vehicle during their lifetimes. Upon the death of one joint owner listed with "and," that deceased owner's interest in the vehicle becomes part of the deceased owner's estate rather than passing automatically to the surviving co-owner. The surviving co-owner does not obtain sole ownership through survivorship rights. Instead, the probate court must resolve the distribution of the deceased owner's interest in the vehicle, following applicable South Carolina probate law and the deceased owner's will or the laws of descent and distribution if no will exists.

South Carolina Car Title Rules After One Owner Dies

When a co-owner dies, South Carolina Code Section 56-19-390 governs the transfer of the deceased owner's interest as an involuntary transfer. The SCDMV requires that the title record be corrected to reflect current ownership following a death. The specific documents and procedures required depend on the title's form of ownership and whether the estate is being administered through probate court.

For titles showing an "or" relationship, the surviving co-owner must provide a certified death certificate to the SCDMV to remove the deceased co-owner's name from the title and register the surviving co-owner as the sole owner. Death certificates are treated as prima facie evidence of death and satisfy the SCDMV's documentation requirements in survivorship cases.

For titles showing an "and" relationship, the SCDMV requires direction from the probate court concerning the transfer. The ownership cannot simply pass to the surviving co-owner; instead, the probate court determines who legally receives the vehicle through the estate administration process. The SCDMV will not issue a new title until proper probate authority is presented.

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

The answer depends critically on the title language. If the vehicle is titled with an "or" between the owners' names, it does not pass through the deceased owner's estate at all. Survivorship rights operate by law, and the surviving co-owner inherits the vehicle immediately upon the co-owner's death, outside of probate proceedings.

If the vehicle is titled with "and" between the owners' names or bears no conjunction, the deceased owner's interest in the vehicle becomes part of the estate and is subject to probate. The personal representative appointed by the probate court or, in qualifying small estate circumstances, an authorized successor must obtain court authority before the SCDMV will issue a corrected title.

South Carolina also permits a simplified collection process for certain personal property, including vehicles, under South Carolina Probate Code Section 62-3-1201. If the deceased owner's probate estate is small enough and meets the statutory criteria, an affidavit procedure may allow the collection of personal property without formal probate administration, provided specific conditions are satisfied and the appropriate time periods have elapsed.

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

General Process

The transfer process differs based on whether the vehicle title contains survivorship language and whether probate proceedings are involved. In all cases, applications are submitted to the SCDMV through the agency's branch offices or by mail.

For an "or" relationship where the surviving co-owner automatically inherits:

• Obtain a certified death certificate from the vital records office or the probate court.
• Gather the current certificate of title and any registration documents.
• Complete the Application for Certificate of Title and Registration (Form 400).
• Submit the application, current title, death certificate, and applicable fees to an SCDMV branch or by mail.
• The SCDMV will issue a new title in the surviving co-owner's name alone.

For an "and" relationship involving probate:

• Petition the probate court to appoint a personal representative (if an estate is being probated) or determine whether a small estate affidavit procedure applies.
• Obtain either letters testamentary or letters of administration from the probate court, or obtain a court order authorizing a small estate affidavit.
• If using the small estate process, complete the Affidavit for Collection of Personal Property (Form 420ES) if required by the probate court.
• Gather the death certificate and all supporting probate court documents.
• Complete Form 400 and sign it as directed by the probate court order.
• Submit all documents and fees to the SCDMV.
• The SCDMV will issue a new title according to the probate court's direction.

Applicable Fees

The SCDMV charges the following fees for vehicle title transfers following a co-owner's death:

Payment may be made in cash, check, money order, or by credit or debit card. Online transactions require credit or debit card payment. A service fee of $1 plus 1.7% is added when paying by credit or debit card; this is not an SCDMV fee but a payment processor fee.

Surviving Spouse

South Carolina does not establish a separate or expedited procedure exclusively for surviving spouses transferring a vehicle title after a co-spouse's death. The surviving spouse must follow the same procedures applicable to any surviving co-owner, depending on whether the title is held with "or" or "and" relationship language. If the couple held the vehicle title with "or," the surviving spouse inherits it automatically. If held with "and," the surviving spouse must obtain probate court authority before the SCDMV will issue a new title.

Documents Needed to Transfer a South Carolina Car Title After Death

The required documents vary depending on whether the vehicle is held with survivorship language and whether the estate is undergoing probate proceedings.

Common Documents

The following documents are commonly required:

• The current certificate of title for the vehicle
• An original or certified copy of the death certificate
• For "or" relationships: No additional probate documents are required
• For "and" relationships with formal probate: Letters testamentary, letters of administration, or an equivalent court order from the probate court
• For "and" relationships with small estate procedures: A small estate affidavit issued or approved by the probate court and any court order directing the transfer
• Application for Certificate of Title and Registration (Form 400)
• Any lienholder release documents if the vehicle loan has been paid off
• Valid identification of the person applying for the new title

What if There Is a Loan on the Car?

If the vehicle is subject to a recorded lien, both the ownership transfer and the lien status must be addressed together. The name and information of the lienholder shown on the current title must match the information provided in the application for a new title. If the deceased co-owner held the interest in the vehicle subject to a lien, the probate court order or the surviving co-owner's application must clearly identify the lienholder so that SCDMV records remain accurate.

If the loan has been paid off, the lienholder must release the lien in writing, and the release document must accompany the title application. If the loan remains outstanding, the new title will reflect the lien in the appropriate order of priority. Any transfer of ownership does not automatically affect the loan obligation; the lienholder's rights and the borrower's obligations continue according to the terms of the loan agreement, unless the lienholder consents to a modification.

Contact Information

South Carolina Department of Motor Vehicles
10311 Wilson Boulevard, Blythewood, SC 29016
Phone: (803) 896-5000
Official Website: SCDMV