Transferring a Car in Delaware Without Probate

Quick answer: start at the Register of Wills for a Small Estate Affidavit or Short Certificate, then bring it to the DMV — not the other way around.

The Register of Wills comes first, by design

Confirmed current: you need to contact the Register of Wills office before you go to the Division of Motor Vehicles (DMV). The Register of Wills provides you with the necessary information and documentation that will make the transfer of assets as easy and as quick as possible.

One document covers cars, trailers, and boats

The Division of Motor Vehicles and the Department of Natural Resources and Environmental Control (DNREC) both require an original Small Estate Affidavit or Short Certificate to transfer title to a deceased person's motor vehicle, trailer, or boat — the same document, regardless of which of the three it is.

A specific order of next of kin without a will

Small estate affidavits are issued to the named executor in a valid, self-proven will. Without a valid will, the affidavit goes to the closest next of kin in order: spouse, children (at least 18 years), parents, siblings, grandparents, and so on.

The same 30-day wait applies

The affidavit process isn't available until 30 days have passed from the date of death — the same waiting period that applies to Delaware's small estate procedure generally.

Facing probate in Delaware?

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

Talk to a Delaware attorney

Each of Delaware's three county Registers of Wills — New Castle, Kent, and Sussex — issues this same affidavit before the DMV or DNREC will act on it.

Vehicle title transfer — frequently asked questions

Where does a Delaware vehicle title transfer actually start?

At the Register of Wills, not the DMV — you need to contact the Register of Wills office before you go to the Division of Motor Vehicles.

What document does the DMV require to transfer the title?

An original Small Estate Affidavit or Short Certificate, which the DMV and the Department of Natural Resources and Environmental Control (DNREC) both require for a deceased person's motor vehicle, trailer, or boat.

Who is the affidavit issued to if there's no will?

The deceased person's closest next of kin, in order: spouse, children (at least 18 years), parents, siblings, grandparents, and so on.

How long is the waiting period?

30 days from the date of death, the same wait that applies to the small estate affidavit generally.

This page provides general guidance only and is not legal advice. Based on New Castle County Register of Wills guidance and Delaware DMV/DNREC title transfer requirements. Fees and requirements can change; confirm current figures with the relevant Register of Wills, the DMV, or a licensed Delaware attorney before acting.