Do I Need a Vehicle Transfer on Death Designation in Louisiana?

Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.

Frequently Asked Questions

No. Louisiana does not offer a vehicle transfer-on-death designation. Louisiana law does not authorize a transfer-on-death (TOD) beneficiary designation on a motor vehicle certificate of title. Chapter 4 of Title 32, the Vehicle Certificate of Title Law (R.S. 32:701-738), contains no TOD or "in beneficiary form" provision. As a civil-law forced-heirship state, Louisiana transfers a deceased owner's vehicle through succession. The Office of Motor Vehicles instead runs an Affidavit of Heirship procedure under R.S. 32:707.1 ("Deceased persons; titles to vehicles") by which a surviving spouse, heirs, and legatees obtain title after the owner's death, rather than by a designation the owner makes during life.

Because Louisiana does not offer a vehicle TOD designation, the vehicle transfers through: Affidavit of Heirship (OMV form DPSMV 1696), sworn before a notary by the surviving spouse and all heirs/legatees, to obtain title to a vehicle titled in a deceased owner's name. R.S. 32:707.1 requires proof of death, a copy of the will (or a notarized statement summarizing its disposition of vehicles) if the owner died testate, the title and registration if available, and an affidavit from each other person with an ownership interest transferring that interest to the applicant., Small succession affidavit (La. C.C.P. arts. 3431, 3432, 3432.1): the succession of a Louisiana domiciliary who died intestate — or testate leaving no Louisiana immovable property, where everyone who would inherit agrees to waive probate of the testament — need not be opened judicially if it qualifies as a small succession, and the heirs/legatees may take possession of the movables (including a vehicle) by sworn affidavit., Small-succession threshold: gross value of $125,000 or less valued as of the date of death (any value if the death occurred at least 20 years before the affidavit is executed)., Full succession (judgment of possession): where the estate does not qualify as a small succession or a judicial succession is opened, the vehicle is titled to whoever the judgment of possession places in possession of it.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.

Without a vehicle TOD option, a Louisiana vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.

Louisiana Estate Planning Resources

In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.