Transferring a Car in Alabama Without Probate

Quick answer: the next of kin uses Form MVT 5-6, notarized, with a death certificate. A surviving spouse follows a separate 30-day rule instead.

The general path: a notarized next-of-kin affidavit

Straight from the Alabama Department of Revenue's own rule: when an owner becomes deceased and the estate has not been and will not be probated, the next of kin may apply for a replacement title or transfer ownership by submitting Form MVT 5-6, notarized, along with a copy of the death certificate.

No power of attorney alongside it

Because Form MVT 5-6 is itself a sworn affidavit, a power-of-attorney form may not be used in conjunction with it — the next of kin completing the form must sign it personally.

A surviving spouse follows a different rule

Under Ala. Code §40-12-260(7)b.1, a surviving spouse who wants to operate a vehicle devolving from a deceased spouse must present an application for a certificate of title within 30 days of obtaining ownership. The licensing official then transfers the license plate to the surviving spouse directly.

Probated estates go through the executor instead

When the estate has been or will be probated, the court-appointed executor or administrator signs the title assignment, using the same name style shown on the certified copy of the Letters Testamentary or Letters of Administration presented to the licensing official.

Facing probate in Alabama?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Alabama attorney

Each county's license commissioner processes these transfers locally — in Jefferson, Mobile, Madison, or any other county — but Form MVT 5-6 and the surviving-spouse rule under §40-12-260(7)b.1 apply the same way statewide.

Vehicle title transfer — frequently asked questions

What form does the next of kin use to transfer a car title in Alabama?

Form MVT 5-6, the Affidavit for Assignment of Title From a Deceased Owner Whose Estate Does Not Require Probate — a notarized sworn statement, submitted with a copy of the death certificate, when the estate has not been and will not be probated.

Can a power of attorney be used alongside Form MVT 5-6?

No — because the form is itself a sworn affidavit, a power-of-attorney form may not be used in conjunction with it.

Does a surviving spouse have a separate, faster rule?

Yes — under Ala. Code §40-12-260(7)b.1, a surviving spouse who wants to operate a vehicle from a deceased spouse must present a title application within 30 days of obtaining ownership, and the licensing official then transfers the license plate to the surviving spouse.

What happens when the estate is or will be probated instead?

The court-appointed executor or administrator signs the title assignment, using the same name style shown on the certified copy of the Letters Testamentary or Letters of Administration provided to the licensing official.

How do I transfer a car after death in Alabama without probate?

The next of kin uses Form MVT 5-6, notarized, with a death certificate. A surviving spouse follows a separate 30-day rule instead.

This page provides general guidance only and is not legal advice. Based on Alabama Department of Revenue Rule 810-5-75-.09 (Form MVT 5-6) and Ala. Code §40-12-260(7)b.1. Fees and requirements can change; confirm current figures with the county license commissioner or a licensed Alabama attorney before acting.