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Alterations of a Title
Never make any alterations or erasures on a Certificate of Title. If this is done, the title becomes null and void.
Power of Attorney
A person can sign or act in behalf of another person with a notarized Power of Attorney. This Power of Attorney is attached to the files within the Fiscal Officer's Office and becomes a part thereof.
Change of Name or Address
If your name is changed through marriage or other court proceedings, the name on your Certificate of Title cannot be changed. There is no authority in the law to issue a new title in your new name, for the same vehicle. When new plates are applied for, the registration can be issued in the changed name by signing the application with your present and previous name.
Two or More Names on a Title
When a title is going into or coming out of more than one name, all parties must sign in the presence of a Notary Public.
Upon the Death of a Vehicle Owner
The surviving spouse can take title to two passenger vehicles if they are not disposed of by a will and provided that the combined value of the two vehicles does not exceed $40,000. This can be done by a "Surviving Spouse Affidavit", death certificate and the application portion of the reverse side of the title properly completed. The surviving spouse must present the death certificate, the surviving spouse affidavit, and the original title along with the completed application that has been signed and notarized. A copy of the security agreement also must be presented if the item is being financed. The surviving spouse affidavit is available from the Fiscal Officer's Auto Title Division.
A vehicle can be titled to two owners as joint tenants with rights of survivorship. While both parties are living, both signatures are required. When one of the parties passes away, the survivor may bring the title and a copy of the death certificate to transfer the title to the survivor.
When an estate is probated, the issuance of the Certificate of Title is governed by the following:
- If the assets of the estate are less than $15,000 and there is no surviving spouse, an order relieving the estate from administration must be applied for through the Probate Court.
- The surviving spouse can take title to any two motor vehicle if not disposed of by Will, (combined value less then $40,000.00 revised 3/11/96). This will be done by an affidavit and an application for title executed (reverse side of title). Affidavit forms are available at all title offices.
- Estates larger than $35,000, ($100,000 if a surviving spouse inherits the entire estate) requires the appointment of an Executor or Administrator by Probate Courts.
In the case of a surviving spouse only, plates can be transferred to the survivor.