Take the death certificate, car registration, and car title to the department of motor vehicles in the city/ town of the state you live.
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
If you and your deceased spouse were listed as "OR" on the title, it only takes on signature to release the title to the new owner. However, if the names were listed with "AND", then both signatures would be required. Since this is no longer physically possible, you need to take the title, along with the certificate of death, to the motor vehicle office and have your deceased spouses name removed from said title before you even attempt to sell or trade in this auto.
Most states have a procedure for a spouse or child to change the title of a deceased spouse or parent's motor vehicle to the survivor. This does not change the loan, however, if there is one on the vehicle. You may have to refinance.
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
Yes, that is the reason for probate, it so that titles can be transferred to the beneficiaries.
no not if it is not in your name
It depends on what you mean by "Primary" owner. If you mean that two people signed together to buy a car, if one dies, the other takes possession, period. If it has no liens, cosignors, etc., on it, and the will doesn't specify differently, then it, as well as any other property bought during the marriage in the deceased person's name belongs to the spouse, as they are considered one entity under the law. However, if the title of the car is in a name other than the deceased or their spouse, the car would go to the person whose name is on the title.
You need to inquire at your state DMV to determine how to transfer the title properly.
There will be different requirements depending on the state you live in. In California, the next of kin can affect a change of title on a car owned by a person deceased.
If a title is in your spouse's name and you want to register the car in your name do you need to change the title?
I am a car salesman. My experience is yes. You need to call your local tag and title office.
Did you inherit the car? If so, yes. If you did not inherit the car, then no.