Two Names on a Car Title One Dies: The Explanation of OR vs. AND vs. AND/OR in Arizona

When two people share an Arizona vehicle title, the word between their names can determine what happens after one owner dies.

An “OR” title lets the surviving owner transfer the vehicle alone without a death certificate in most cases.
An “AND/OR” title also lets the survivor act alone, but a death certificate is needed.
An “AND” title is more restrictive and may involve estate procedures.

So, check the exact ownership wording on the title before taking any action. Read the full guide to learn what happens when one co-owner dies and what steps the survivor should take.

The Word Between the Two Names on Your Title Matters

Based on Arizona MVD’s guidance on multiple owners, the word between two names on a vehicle title determines what happens when one owner dies:

“OR” Titles: The Surviving Owner Automatically Gets Full Ownership

An “OR” title gives each owner authority to transfer the vehicle without the other owner’s signature. Arizona MVD treats this ownership as joint tenancy, meaning either owner has full authority to act for the vehicle. If one owner dies, the surviving owner can transfer the vehicle to another person or entity alone.

The MVD does not require a death certificate when a surviving owner remains on an “OR” title. The process is simpler because the deceased owner’s interest does not have to be handled separately. In most cases, the survivor can complete the transfer without probate or additional estate paperwork.

“AND/OR” Titles: Survivor Ownership, But a Death Certificate Is Required

An “AND/OR” title also provides the surviving owner with ownership rights after the other owner dies. Arizona MVD classifies this status as joint tenancy with right of survivorship. While both owners must sign when both are living, the survivor may sign alone after the other owner’s death. The key difference is that the survivor must provide a death certificate for the deceased owner.

Once the MVD receives proof of death, the survivor can sell the vehicle or apply for a title in their own name. This makes “AND/OR” a middle-ground option between the simpler “OR” process and more restrictive “AND” ownership.

AND” Titles: The Vehicle May Have to Go Through Probate

An “AND” title requires both owners to provide their signatures when transferring the vehicle while both are living. Arizona MVD describes this ownership as tenancy in common rather than joint tenancy. If one owner dies, the deceased owner’s interest does not automatically pass to the surviving owner.

Instead, that interest must be handled through probate or, when applicable, Arizona’s Non-Probate Affidavit process. This can require involvement from the deceased owner’s estate or its authorized representative. As a result, the surviving owner generally cannot simply sign alone and transfer the vehicle. The exact process depends on the estate and whether Arizona’s non-probate requirements are met.

What Happens If the Surviving Owner Also Passes Away

In Arizona, the surviving owner does not need to retitle the vehicle immediately after the first owner dies. Once the remaining owner also dies, the vehicle may become part of the deceased owner’s estate and require probate.

The first owner’s death does not necessarily require an immediate title update when right of survivorship applies. The surviving owner can generally continue holding the vehicle without changing the title right away.

However, that protection ends when the remaining owner dies. At that point, the vehicle becomes part of the remaining owner’s estate, and Arizona’s Non-Probate Affidavit process generally cannot be used until 30 days have passed from the date of death. Families may then need probate or another applicable estate process to transfer ownership.

Do You Need the Non-Probate Affidavit (Form 32-6901)?

Arizona’s Non-Probate Affidavit, Form 32-6901, is not automatically required when a vehicle has multiple owners. Whether you need it depends on the ownership status and whether any owner is still living:

When Required:

All owners listed on the title are deceased: The vehicle may need to be transferred through the deceased owners’ estate.
The estate qualifies for Arizona’s Non-Probate Affidavit process: The applicable requirements must be met before the form can be used.
At least 30 days have passed since the owner’s death: Arizona MVD requires this waiting period for the Non-Probate Affidavit process.
The vehicle is being transferred under the applicable non-probate rules: The person claiming the vehicle must provide the required documentation and meet MVD requirements.

When Not Required:

At least one joint owner is still living: The surviving owner may be able to transfer the vehicle based on the ownership status shown on the title.
The title is marked “OR.”: The surviving owner can generally transfer the vehicle without a death certificate.
The title is marked “AND/OR.”: The surviving owner can generally transfer the vehicle after providing the deceased owner’s death certificate.
The title’s ownership structure provides a different transfer procedure: In these situations, Arizona MVD’s rules for that specific ownership type determine what paperwork is needed.

How to Transfer the Title After a Co-Owner’s Death

Transferring a vehicle title after a co-owner’s death depends on the title’s ownership wording. Follow these Arizona steps to avoid unnecessary delays:

Documents and Fees You’ll Need at the MVD:

Certified death certificate for deceased owner
Current vehicle title with owner names
Valid government-issued identification for survivor
Lien release, if the lien exists
Completed Title and Registration Application Form 96-0236
Payment by cash, card, certified funds
Authorized Third Party Office fees may apply

Steps to transfer the title are discussed below:

1. Obtain the certified death certificate

Get a certified copy of the deceased co-owner’s death certificate before starting the transfer process. The required death documentation depends on the ownership wording shown on the title.

2. Check the title ownership wording

Review whether the title lists the owners as “OR,” “AND/OR,” or “AND.” This determines whether the survivor can transfer the vehicle alone and what supporting documents Arizona MVD requires.

3. Complete Form 96-0236

Fill out the Arizona Title and Registration Application, Form 96-0236, with the requested vehicle and ownership information. Make sure the information matches the existing title and supporting documents.

4. Visit an MVD or third-party office

Take the required documents to an Arizona MVD office or an Authorized Third Party provider that handles title transactions. Bring the original documents and valid identification.

5. Pay the applicable transfer fee

Pay the standard fee at an MVD office using an accepted payment method, including debit card, credit card, cash, or certified funds. Authorized Third Party offices may charge an additional convenience fee.

6. Complete any additional requirements

If a lien remains on the vehicle, provide the required lien release or other acceptable documentation. MVD may require additional paperwork depending on the title status and circumstances.

What If There’s a Lien on the Vehicle?

If the vehicle has an active lien, the survivor cannot complete a title transfer or sale without addressing the lien first. A lien release or permission letter from the lienholder is needed before moving forward.

Contact the lienholder and request a written lien release or permission letter for the vehicle. The document should identify the vehicle and confirm that the lien has been satisfied or that the lienholder authorizes the requested transaction.

Once received, submit it with the other required title-transfer documents when completing the transaction through Arizona MVD. If the loan remains unpaid, ask the lienholder how the vehicle should be handled after the owner’s death.

Final Though

One detail families often overlook is the title wording itself. Before a death occurs, check whether the title says “OR,” “AND/OR,” or “AND.” That small word can determine whether the survivor can handle the vehicle alone or must deal with estate paperwork. Reviewing the title early can prevent avoidable delays.

A co-owner’s death can make an otherwise simple title transfer feel complicated. We can help you understand the ownership status, gather the right paperwork, and handle the Arizona vehicle title transfer process. Contact us today and let us help you take the next step with your vehicle title.

Disclaimer: This article is for general informational purposes only and is not intended to provide legal advice. Laws and regulations can change and may vary depending on your specific situation. Please consult with a qualified legal professional before making decisions based on the information provided here.