What Happens If Two People Own a Car And One Dies in Hawaii

When one of two registered owners of a motor vehicle dies in Hawaii, the transfer of ownership depends on whether the vehicle is titled in joint names and whether the estate is probated. Each of Hawaii's four counties—Honolulu, Hawaii, Maui, and Kauai—administers motor vehicle registration independently. The surviving owner or estate representative must complete a title and registration update through the appropriate county motor vehicle registration office within established timeframes to reflect current legal ownership.

Determine How the Names Appear on the Hawaii Car Title

Hawaii does not use specific title conjunctions (such as "and," "or," or "and/or") to establish survivorship rights in motor vehicles in the same manner as some other states. Instead, ownership is recorded directly on the certificate of ownership as per HRS § 286-47, and the treatment of a deceased owner's interest depends on whether the vehicle is registered in multiple names and the probate status of the estate.

If the Title Shows Survivorship Language

Hawaii law does not formally recognize survivorship based solely on title conjunctions. However, if a vehicle is registered in joint names—meaning two or more owners are listed on the certificate of ownership—the surviving registered owner may transfer the vehicle to his or her name by presenting evidence of the other owner's death.

If the Title Does Not Show Survivorship Language

When a vehicle is registered in the name of a single deceased owner with no surviving joint registrant, the deceased owner's interest becomes part of the estate. The surviving family members or estate representative must use the probate or affidavit procedures prescribed under Hawaii law to claim ownership of the vehicle.

Hawaii Car Title Rules After One Owner Dies

Under HRS § 286-47, the director of finance (administered through each county) issues both a certificate of registration and a certificate of ownership. When an owner dies, the certificate must be corrected to reflect the current legal ownership status. Hawaii requires that the title and registration records be updated promptly after death to ensure they accurately show who lawfully owns the vehicle.

For a jointly registered vehicle, the surviving owner may complete the title transfer by signing the appropriate sections on the certificate of ownership or title form, submitting a certified death certificate, and paying the applicable transfer fee. The surviving owner's name becomes the sole registered owner once the county motor vehicle office processes the transfer.

For a vehicle registered only in the name of the deceased, the vehicle does not automatically pass to family members; instead, it must be transferred through either probate court proceedings or the affidavit procedure under HRS § 560:3-1201, depending on the size and nature of the estate.

Does a Car Go Through Probate in Hawaii if One Owner Dies?

Not automatically. The answer depends on whether the vehicle is jointly owned and whether the estate is subject to probate.

Jointly Owned Vehicles: If the vehicle is registered in the names of two or more owners, the surviving owner may transfer the vehicle without probate by providing the death certificate and completing the necessary title transfer form with the county motor vehicle office.

Sole-Owned Vehicles: When a vehicle is registered only in the deceased owner's name, probate is not always required. Instead, Hawaii provides two pathways for transferring ownership:

• Probated Estate: If the estate is being probated through the court system, the personal representative (executor or administrator) must provide court-issued letters of administration or letters testamentary to authorize the vehicle transfer.
• Non-Probated Estate: Under HRS § 560:3-1201, a successor may claim personal property of a decedent without probate by completing an affidavit. For motor vehicles, the appropriate form is the Affidavit for Collection of Personal Property (Automobile) of the Decedent. This procedure allows the successor to transfer the vehicle by submitting the affidavit, a certified death certificate, and supporting documentation to the county motor vehicle office.

How To Transfer a Car Title in Hawaii After a Co-Owner Dies

The title transfer process varies slightly in the City & County of Honolulu, County of Hawaii, County of Maui, and County of Kauai, but all four counties follow similar procedures and timelines. Transfers must be completed within 30 days of the date the transfer is recorded to avoid late transfer fees.

General Process

The process for transferring a title after the death of a co-owner differs depending on whether the vehicle was jointly registered:

• For Jointly Registered Vehicles: The surviving owner must complete Section A (seller's portion) on the front of the certificate of title or lines 1 and 2 on the certificate of ownership by signing and dating the document. The surviving owner then signs Section D on the reverse side, designating themselves as the new registered and legal owner. The surviving owner must also complete the odometer reading (if the vehicle was manufactured after 2011) and provide the current Hawaii Safety Inspection Certificate.
• For Sole-Owned Vehicles with No Probate: The successor must complete the Affidavit for Collection of Personal Property (Automobile) of the Decedent, which is available from the Hawaii State Judiciary. The affidavit must be notarized. The successor submits the completed affidavit, a certified death certificate, and any other required documentation to the motor vehicle registration office.
• For Sole-Owned Vehicles with Probate: The estate's personal representative provides the probate court's authorization documents (letters testamentary or letters of administration) and completes the title transfer application with the county office.

All title transfers must be submitted to the motor vehicle registration office in the county where the vehicle was last registered or to any designated county office, along with the current certificate of registration and payment of the applicable transfer fee.

Applicable Fees

Transfer fees vary by county and depend on whether the transfer is completed within 30 days of the recorded transfer date:

If the registration has expired or will expire within 45 days, the cost of registration renewal will also be calculated and collected at the time of the title transfer. Delinquent taxes for prior years in which the vehicle was not registered may also be assessed if the transfer is delayed beyond 30 days.

Surviving Spouse

Hawaii law does not provide a separate exemption or expedited procedure specifically for surviving spouses transferring a vehicle title after the death of a spouse. A surviving spouse must follow the same title transfer procedures as any other surviving co-owner or estate successor, regardless of marital status. If the vehicle is jointly registered in the names of the spouses, the surviving spouse may transfer the title by submitting the death certificate and completing the surviving owner transfer form with the county motor vehicle office. If the vehicle is registered solely in the deceased spouse's name, the surviving spouse must use either the probate procedure or the affidavit procedure, depending on the estate's status.

Documents Needed to Transfer an Hawaii Car Title After Death

The specific documents required depend on whether the vehicle is jointly registered and whether the estate is probated. All documents must be original or certified copies; photocopies are generally not acceptable.

Common Documents

• Certificate of Title or Certificate of Ownership: The current certificate, properly endorsed by all registered owners (or by the surviving owner for jointly registered vehicles), is required with each application.
• Current Certificate of Registration: The most recent registration document issued by the county must be submitted with the title transfer application.
• Certified Death Certificate: An original, certified copy of the death certificate of the deceased owner is required with all transfers. Photocopies are not acceptable.
• Current or Temporary State of Hawaii Safety Inspection Certificate: A valid safety inspection certificate must be submitted or obtained prior to the transfer.
• Notice of Transfer Form: When a title transfer is completed, the transferring party must mail a Notice of Transfer form to the county motor vehicle office where the vehicle was last registered within 10 days of the transfer date.

For Jointly Registered Vehicles (No Probate):

• Completed and endorsed certificate of title or ownership (as described above)
• Certified death certificate
• Current certificate of registration
• Current or temporary safety inspection certificate
• Application to transfer ownership upon death (available from the county office)

For Sole-Owned Vehicles with Probate:

• Affidavit for Collection of Personal Property (Automobile) of the Decedent or equivalent court-issued authorization (this form is not required if probate documents are provided)
• Letters testamentary or letters of administration issued by the probate court
• Certified death certificate
• Current certificate of registration
• Current or temporary safety inspection certificate
• Personal representative's application for title transfer

For Sole-Owned Vehicles Without Probate:

• Affidavit for Collection of Personal Property (Automobile) of the Decedent (notarized)
• Certified death certificate
• Current certificate of registration
• Current or temporary safety inspection certificate
• Application for transfer by successor

All affidavits must be completed under oath and notarized. The Hawaii State Judiciary provides the official affidavit forms on its website.

What if There Is a Loan on the Car?

If the vehicle has a recorded lien (a loan held against the vehicle), the lienholder information shown on the title application must match the lienholder listed on the current certificate of ownership. Both the current lienholder and the new owner must sign the appropriate sections on the certificate of ownership. When the lien is released (paid off), the lienholder must complete Section B on the reverse side of the certificate of title and sign off. The surviving owner then completes Section D as the new registered and legal owner. The applicant should present the complete title and all lien-related documents to the county motor vehicle office to ensure the ownership transfer and lien information are reviewed and processed together. Some counties may have additional documentation requirements for vehicles with liens; it is advisable to contact the county office before submitting the application.

Contact Information

City & County of Honolulu Department of Customer Services
925 Dillingham Blvd, #101, Honolulu, HI 96817
Phone: (808) 768-4325
Official Website: Department of Customer Services

County of Hawaii Vehicle Registration & Licensing
101 Pauahi Street, Suite 5, Hilo, HI 96720
Phone: (808) 961-8351
Official Website: Vehicle Registration & Licensing

County of Maui Division of Motor Vehicles & Licensing
110 Alaihi Street, Suite 101, Kahului, HI 96732
Phone: (808) 270-7363
Official Website: Motor Vehicle Licensing

County of Kauai Division of Motor Vehicles
4444 Rice Street, Suite A480, Līhuʻe, HI 96766
Phone: (808) 241-4242
Official Website: Division of Motor Vehicles & Licensing