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Notary Notes

Determining Heirs ... Pennsylvania's Order of Succession

by PAN
The notation joint tenants with right of survivorship on a motor vehicle title “refers to a vehicle titled to more than one person, where on the death of one owner, the vehicle goes to the surviving owner(s).” This notation automatically applies when a spouse is listed as the co-owner.

If there is no notation on the title, tenants in common “refers to a vehicle titled to more than one person, where on the death of one owner of the vehicle, the deceased owner’s interest in the vehicle will go to his or her heirs or estate.” (See Fact Sheet – Instructions for Completing Form MV-4ST at www.dot.state.pa.us/public/dvspubsforms/BMV/BMV%20Fact%20Sheets/fs-mv4st.pdf).

A will may specify the individual(s) the deceased owner named to inherit his or her interest in the vehicle. When there is no will, or there is a will that has not been probated, the Pennsylvania Department of Transportation
(PennDOT) follows an order of succession codified in law to determine who are the deceased’s heirs:
  • a surviving spouse and any children or, if none,
  • the deceased’s parents or, if none,
  • the deceased’s brothers and sisters or, if none,
  • the deceased’s grandparents or, if none,
  • the deceased’s aunts and uncles (blood relatives only), their children and grandchildren or, if none,
  • the Commonwealth of Pennsylvania.

Reference: Title 20, Chapter 21, Section 2103 - Shares of others than surviving spouse at www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..htm.

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