To have the vehicle transferred to a new owner, you must first determine how the estate has been settled by the heirs.
If a succession was opened through the courts, you must submit a certified copy of the final judgment of possession, showing the disposition of the vehicle.
If the heirs filed a small succession through the Department Of Revenue, you must submit the validated "Affidavit of Small Succession", along with the descriptive list of property, which must include a description of the vehicle in question.
If the requirements for opening a succession or the filing of a small succession cannot be met, it will be necessary for the heirs to complete an "Affidavit of Heirship." This form must be accompanied by a photostatic copy of the death certificate. If the decedent died testate (executed a will), a copy of the will or a notarized statement of its contents relevant to vehicles must be submitted. The notarized statement must be made and signed by the one in possession of the original will.
In addition to these requirements, the following documents may be necessary:
- Vehicle Application form (DPSMV1799) for title properly executed by the recipient of the vehicle.
- Certificate of title, if available. If the issue date of the title is January 1, 1990 or later, the assignment of the title must be completed by one of the heirs and the recipient of the vehicle and notarized.
- Current certificate of registration, if available.
- Notarized bill of sale or act of donation from all heirs to the recipient of the vehicle.
- Federal odometer disclosure statement completed by the buyer and seller on vehicles within ten model years.
- If the decedent's title reflected a lien, you must submit a satisfaction of lien written on the lienholder's company letterhead. The letter must include name, address, and telephone number of the lienholder.
- If a lien is to be recorded in the new owner's name, you must submit a completed UCC-1 or Security Agreement showing a full description of the vehicle. When a UCC instrument is submitted to record a lien, include a $15.00 recordation fee. When any other lien instrument is submitted to record a lien, include a $10.00 recordation fee.
- If the vehicle is being sold, sales tax is due based on the selling price of the vehicle. The percentage of sales tax due is determined by applicant's domicile.
- If an heir is an out-of-state resident and the state of residence will not accept the Louisiana Affidavit of Heirship, written documentation from that state indicating that the Louisiana Heirship form will not be accepted must be submitted with the file.
- All files with a date of sale on or after August 1, 2012, must include a copy of the vehicle owner's current and valid photo identification. The photo identification provided should be a driver's license or identification card issued by this state, another state, or by the United States military.