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Three of the most common, and most confusing, Ohio title situations are gifting a car, inheriting one, and replacing a lost title. Each follows special rules: a gift between family is generally exempt from Ohio sales tax, an inherited vehicle can pass through transfer on death or a surviving-spouse affidavit, and a lost title is replaced with a duplicate. The thread tying them together is the same Ohio fact behind every title task: titles are issued by the County Clerk of Courts, not the BMV. A BMV deputy registrar handles your registration and plates after the title is settled.
This guide covers all three situations, with what to bring, the forms, and the fees. For the official office split, see BMV vs. Clerk of Courts in Ohio.
Gifting a car in Ohio
A gift is just a title transfer where no money changes hands, but doing it right unlocks the sales-tax exemption, which is the whole point.
How the gift exemption works
Ohio charges sales/use tax on the purchase price of a vehicle. A true gift has no purchase price, so a qualifying gift is exempt from sales tax. To claim it correctly:
- On the title’s assignment, write “GIFT” in the purchase-price box, not “$0.00” and not a token amount.
- The title office may ask you to attest that no money or other consideration changed hands. Be ready to confirm it’s a genuine gift.
- A “gift” that’s really a discounted sale can be reassessed for tax, so only use it for genuine no-consideration transfers (typically between family members).
What to bring to gift a vehicle
- The original title with the assignment completed and notarized (recipient’s full legal name and address, odometer reading, purchase price marked GIFT)
- Valid photo ID for the recipient
- The recipient’s Social Security number
- Payment for the $18 title fee
- After the title: proof of insurance and registration/plate fees at a BMV deputy registrar
Remember the universal rules: sign only in front of a notary, and transfer within 30 days of the assignment date to avoid the $5 late fee. The mechanics are identical to any transfer, see How to transfer a car title in Ohio.
Inheriting a vehicle in Ohio
When a vehicle owner dies, how the title passes depends on how it was titled. Ohio gives families several routes that can avoid full probate.
Transfer on Death (TOD)
A sole owner can name a beneficiary in advance using a signed, notarized Affidavit to Designate a Beneficiary (form BMV 3811) filed with a Clerk of Courts title office. When the owner dies, the beneficiary takes the title with minimal fuss.
The TOD beneficiary brings:
- The original Ohio title
- A certified copy of the death certificate
- Application for Certificate of Title (form BMV 3774)
- Government-issued photo ID
- Payment for title fees
A TOD beneficiary’s rights kick in only after the owner’s death (and, for jointly titled vehicles, after both owners have died, with both death certificates presented).
Rights of Survivorship (WROS)
If a vehicle is titled to two people “with rights of survivorship” (WROS), the surviving co-owner simply applies for a new title showing “acquired by right of survivorship,” bringing the original title, a certified death certificate, and ID. Without WROS, a deceased co-owner’s interest may require an executor’s or administrator’s signature.
Surviving-spouse transfer
Even without a TOD or WROS, when a married Ohio resident dies owning at least one vehicle, the surviving spouse may transfer an unlimited number of vehicles valued up to $65,000 total (plus one boat and one outboard motor) using the Clerk of Courts Surviving Spouse Affidavit (form BMV 3773). This route is unavailable if the vehicle passes by will, by WROS, to a TOD beneficiary, or by specific testamentary disposition.
The surviving spouse brings:
- The original Ohio title number (if available)
- A certified copy of the death certificate
- Form BMV 3774 (title application) and form BMV 3773 (surviving-spouse affidavit, listing each vehicle’s make, model, year, body type, VIN, and value)
- A copy of any security agreement (if there’s a lien)
- Acceptable ID and payment for title fees
Larger or contested estates
If the total vehicle value exceeds the surviving-spouse limit, there’s no surviving spouse, or the estate is contested, you may need probate paperwork (such as letters of authority for an executor/administrator). Call the title office before you go, they’ll tell you which documents apply to your situation.
Inheritance and sales tax
Vehicles transferred to a surviving spouse or to heirs through these estate routes are generally not subject to sales/use tax. Confirm with the title office, especially for transfers to non-spouse heirs.
Replacing a lost title in Ohio
You can’t sell, gift, or transfer a vehicle without a valid title, so a lost, stolen, or destroyed title must be replaced with a duplicate before anything else.
Who can apply
The owner listed on the title can apply for a duplicate when there’s no lien, or the lien has been released. If a lender still holds an active lien, the lienholder must handle title changes until the loan is satisfied.
What to bring
- Valid photo ID
- Application for Certificate of Title (form BMV 3774), marked Duplicate
- Payment for the $18 duplicate-title fee
- Your title number if you have it, or look it up by VIN using the BMV’s online title search
- A lien release letter if the record doesn’t already show the lien cancelled
Applying in person is fastest. The duplicate is printed on the spot. You can also apply by mail to the title office that issued the original, sending a notarized BMV 3774 (marked Duplicate), the fee, and a self-addressed stamped envelope. Full details on the Duplicate title page.
Note: a memorandum title is not an ownership title and cannot be used to transfer the vehicle. If that’s all you have, you’ll still need the full title or a duplicate. See Memorandum title.
Fees at a glance
| Charge | Where you pay it | Amount |
|---|---|---|
| Certificate of Title (gift or estate transfer) | Clerk of Courts | $18.00 |
| Duplicate / replacement title | Clerk of Courts | $18.00 |
| Sales/use tax on a true gift | Clerk of Courts | $0.00 (exempt) |
| Notary (per signature) | Clerk / BMV | Up to $5.00 |
| Late transfer fee (after 30 days) | Clerk of Courts | $5.00 |
| Registration & plates (after titling) | BMV | varies, see fees |
Fees and figures change. Verify current amounts on bmv.ohio.gov before your visit.
Fees change. Verify current amounts on bmv.ohio.gov and with your County Clerk of Courts.
Quick form reference
| Form | Used for |
|---|---|
| BMV 3774 | Application for Certificate of Title (duplicate, estate, surviving spouse) |
| BMV 3811 | Affidavit to Designate a Beneficiary (Transfer on Death) |
| BMV 3773 | Clerk of Courts Surviving Spouse Affidavit |
| BMV 3771 | Power of Attorney (act on an owner’s behalf) |
See Ohio BMV forms explained for the full list.
Common questions
Do I pay sales tax on a gifted car in Ohio? No, if it’s a true gift with no money or consideration exchanged. Write “GIFT” in the purchase-price box and confirm the exemption with the title office.
How do I transfer a car after someone dies in Ohio? It depends on how the vehicle was titled. A TOD beneficiary (form BMV 3811) or surviving co-owner with WROS can claim it directly; a surviving spouse can transfer vehicles totaling up to $65,000 with form BMV 3773. Larger estates may need probate paperwork. Bring a certified death certificate.
What’s the surviving-spouse vehicle limit in Ohio? A surviving spouse may transfer an unlimited number of vehicles valued up to $65,000 total, plus one boat and one outboard motor, when other transfer methods don’t apply.
My car title is lost, what do I do? Apply for a duplicate title at a County Clerk of Courts office using form BMV 3774 (marked Duplicate) and the $18 fee. In person, it’s printed the same day. See Duplicate title.
Can I get a duplicate title if there’s still a loan? Not on your own, the lienholder controls the title until the lien is released. Once released, you can apply for a clean duplicate.
Does the BMV issue any of these titles? No. Gift, estate, and duplicate titles are all issued by the County Clerk of Courts. The BMV handles registration and plates. See BMV vs. Clerk of Courts in Ohio.
Do I still need a notary for a gift? Yes. Like any Ohio title transfer, the assignment must be signed in front of a notary.
Helpful next pages
before you visit
Once the title is in your name, check queueing options at your local deputy registrar to register and plate the vehicle. If a title document needs notarized, sign it in front of a notary or use the Clerk title office’s guidance before filing.
DMVQ is an independent resource, not affiliated with the Ohio BMV or any government agency. We organize publicly available information to help you plan your visit with confidence.
Where this information comes from
- Ohio BMV, Transfer a Title (Transfer on Death, WROS, Surviving Spouse; BMV 3811/3773/3774; $65,000 limit): https://www.bmv.ohio.gov/titles-transfer-death.aspx
- Ohio BMV, How to Title (gift, duplicate title): https://www.bmv.ohio.gov/titles-new.aspx
- Ohio BMV, Documents & Fees: https://www.bmv.ohio.gov/doc-fees.aspx
- Ohio Revised Code 2106.18 (surviving spouse vehicle transfer): https://codes.ohio.gov/ohio-revised-code/section-2106.18
- Ohio Revised Code 2131.13 (transfer on death): https://codes.ohio.gov/orc/2131.13