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

When one of two co-owners listed on a South Dakota vehicle title dies, the transfer of ownership depends on how the names are structured on the title document. South Dakota law recognizes distinct forms of co-ownership that produce different consequences following a co-owner's death. The surviving co-owner, estate representative, or designated beneficiary must initiate the appropriate title transfer process through the county treasurer's office to update ownership records and comply with state law.

Determine How the Names Appear on the South Dakota Car Title

Under South Dakota Administrative Rule 64:28:13:06 and South Dakota Codified Law Title 32, Chapter 3, the manner in which names are joined on a vehicle title establishes the ownership structure and determines what happens upon a co-owner's death. Three primary configurations exist, each triggering distinct legal consequences.

If the Title Shows Survivorship Language

When a South Dakota vehicle title lists two owners with "or" between their names, either co-owner may independently complete any transaction affecting the vehicle during both parties' lifetimes. When one co-owner dies, the surviving co-owner automatically inherits the vehicle by operation of law. The deceased owner's interest does not pass into the estate. The surviving co-owner may transfer the title into his or her sole name by providing a certified death certificate to the county treasurer's office. This process occurs outside probate and requires no court involvement.

When a title is marked "with right of survivorship (WROS)" or contains "and/or," South Dakota law treats this as a joint tenancy with survivorship rights. Upon the death of one joint tenant, the surviving joint tenant inherits the decedent's interest by law, similar to the "or" designation. The surviving co-owner may transfer ownership using a certified death certificate.

If the Title Does Not Show Survivorship Language

When two owners are listed, joined by the word "and" with no survivorship designation, South Dakota treats the ownership as tenants in common without survivorship rights. In this structure, both parties must jointly authorize any transaction during their lifetimes. Upon the death of one co-owner, that person'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. Instead, the deceased owner's interest is distributed according to the deceased owner's will or South Dakota's laws of descent and distribution if no will exists. This may require probate court involvement or, depending on the estate's value and composition, qualification for a simplified small succession affidavit procedure under South Dakota Codified Law 29A-3-1201.

South Dakota Car Title Rules After One Owner Dies

When a co-owner dies, the surviving co-owner or estate representative must correct the title record with the county treasurer's office to reflect current ownership. The specific procedure depends on whether the title contains survivorship language and whether the estate qualifies for simplified succession procedures.

For titles showing "or" or "with right of survivorship (WROS)," the surviving co-owner must provide a certified death certificate to remove the deceased owner's name from the title. The death certificate satisfies the county treasurer's requirements for establishing the transfer of ownership.

For titles showing "and" without survivorship, the deceased owner's interest becomes part of the estate. The surviving co-owner must await distribution from the estate, which may require either formal probate court proceedings or qualification for simplified succession procedures if the total estate value meets statutory thresholds.

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

The answer depends on the title language and the nature of ownership.

If the vehicle is titled with "or" or "with right of survivorship (WROS)," the vehicle does not go through probate. Survivorship rights operate by law, and the surviving co-owner inherits the vehicle immediately upon the other co-owner's death, entirely outside the probate process. The surviving co-owner need only present a death certificate to the county treasurer to update title ownership.

If the vehicle is titled with "and" without survivorship language, the deceased owner's interest in the vehicle becomes part of the probate estate. However, South Dakota law provides simplified alternatives to formal probate for small estates. Under South Dakota Codified Law 29A-3-1201, 30 days after a person's death, a successor may collect personal property, including a vehicle, by filing an affidavit if the entire probate estate, less liens and encumbrances, does not exceed $100,000. This affidavit procedure avoids formal probate court administration. For estates exceeding this threshold or situations not qualifying for the affidavit process, formal probate is required. In both cases—whether using the affidavit procedure or formal probate—the county treasurer will not issue a new title until proper documentation of the succession is presented.

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

General Process

The transfer process differs based on whether the vehicle title contains survivorship language and whether probate is involved.

For an "or" or "with right of survivorship (WROS)" relationship where the surviving co-owner automatically inherits:

• Obtain a certified death certificate from the vital records office or probate court.
• Gather the current certificate of title.
• Visit the county treasurer's office in the county where the vehicle owner resides.
• Present the death certificate and current title to the county treasurer.
• The county treasurer will issue a new title in the surviving co-owner's name alone.

For an "and" relationship without survivorship involving a small estate qualifying for affidavit succession:

• Wait thirty days after the deceased owner's death.
• Obtain a certified death certificate.
• Gather the current certificate of title.
• Complete the Affidavit of Vehicle Ownership by Succession (Form MV215) with information declaring the estate value and identifying the deceased owner and successor.
• Visit or mail documents to the county treasurer's office.
• The county treasurer will issue a new title to the successor named in the affidavit.

For an "and" relationship requiring formal probate:

• File a petition with the probate court in the county where the deceased resided.
• The probate court will appoint a personal representative and issue letters testamentary or letters of administration.
• The personal representative obtains certified copies of the court's appointment order.
• Complete the Motor Vehicle and Boat Title Application (Form 1001) as directed by the probate court order.
• Present the probate court order, death certificate, and application to the county treasurer.
• The county treasurer will issue a new title according to the court's order.

Applicable Fees

The county treasurer's office charges the following fees for vehicle title processing following a death:

County treasurers may accept cash, check, money order, or credit/debit card. Payment procedures vary by county. Contact the county treasurer's office in the relevant county for specific payment options and procedures.

Surviving Spouse

South Dakota does not establish a separate 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 survivorship language or as tenants in common. No expedited or abbreviated process exists based solely on marital status.

Documents Needed to Transfer a South Dakota Car Title After Death

The documents required vary based on the title structure and whether the estate qualifies for simplified succession.

Common Documents

The following documents are typically required:

• The current certificate of title for the vehicle
• An original or certified copy of the death certificate
• For "or" or "with right of survivorship (WROS)": No additional probate documents are required
• For "and" relationships with small estate affidavit procedure: Affidavit of Vehicle Ownership by Succession (Form MV215)
• For "and" relationships with formal probate: Letters testamentary, letters of administration, or court order from the probate court
• Motor Vehicle and Boat Title Application (Form 1001)
• Valid identification of the person applying for the new title
• Any lienholder release documents if the loan has been paid off

What if There Is a Loan on the Car?

If the vehicle is subject to a recorded lien, the lien status must be addressed in coordination with the title transfer. A vehicle with an active lien cannot be designated with a transfer on death beneficiary. If a loan remains outstanding on the vehicle, the new title will reflect the lienholder's interest. The loan obligation does not automatically transfer or become the responsibility of the surviving co-owner or successor; the lienholder's rights and the borrower's obligations continue according to the terms of the original loan agreement unless the lienholder consents to modification.

If the loan has been paid off and the lien has been satisfied, the lienholder must provide a release document. The county treasurer will use the lien release to issue a clear title to the new owner without any lienholder notation.

Contact Information

South Dakota Department of Revenue, Motor Vehicle Division
445 East Capitol Avenue, Pierre, SD 57501
Phone: (605) 773-3541
Official Website: South Dakota Department of Revenue