How Vehicles Pass at Death in Ohio: Transfer on Death Designations and Surviving Spouse Rules

Planning ahead for how your vehicle will transfer after death can save your loved ones time, money, and stress. In Ohio, there are specific rules and procedures for handling vehicle transfers after death, particularly regarding transfer-on-death (TOD) designations and transfers to surviving spouses. This guide will walk you through everything you need to know.

Transfer on Death (TOD) Designations

Adding a transfer on death designation to your vehicle in Ohio is a straightforward process that can help avoid probate. Here's how to do it:

1. Visit your local clerk’s title office (not the same as the BMV, but often close to a BMV office)

2. Bring your current vehicle title and valid government-issued photo ID

3. Complete form BMV 3811 “Transfer on Death Beneficiary Designation/Removal Affidavit"

4. Pay the required title fee (typically around $15)

5. The title office will issue a new title with the TOD designation

Important points about TOD designations:

• You can name one or more beneficiaries

• The designation doesn't affect your ownership rights while you're alive

• The beneficiary has no rights to the vehicle until after your death

• You can change or revoke the designation at any time by getting a new title

• The vehicle avoids probate and transfers directly to the named beneficiary

After the owner's death, the beneficiary must:

1. Obtain a certified copy of the death certificate

2. Take the death certificate and current title to any clerk’s title office

3. Complete form BMV 3774 “Application for Certificate of Title"

4. Pay the title fee

5. Receive a new title in their name

Surviving Spouse Rules

Ohio has special rules for vehicles passing to surviving spouses, even without a TOD designation. When a married person dies, their surviving spouse has specific rights to the deceased's vehicles:

• The surviving spouse may select one or more vehicles from the deceased spouse's estate

• The total value of selected vehicles cannot exceed $65,000 (as of 2024)

• This right takes precedence over most other claims to the vehicles

• The transfer can occur without going through full probate administration

To claim a vehicle as a surviving spouse:

1. Obtain a certified copy of the death certificate

2. Get form BMV 3773 “Surviving Spouse Affidavit" from any clerk’s title office

3. Complete the affidavit, which must be notarized

4. Take the completed affidavit, death certificate, and current title to the clerk’s title office

5. Pay the title transfer fee

6. Receive a new title in your name

Important Considerations

• TOD designations override surviving spouse rights

• If there's no TOD designation and no surviving spouse, the vehicle becomes part of the deceased's estate (i.e., the vehicle has to pass through probate)

• Multiple vehicles can have different TOD beneficiaries

• Liens on the vehicle remain in effect after the transfer

• The transfer doesn't affect insurance coverage - the new owner must obtain their own insurance

Tax Implications

• The beneficiary receives the vehicle at its value as of the date of death

• If the beneficiary later sells the vehicle, their tax basis is the value at the date of death