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To transfer vehicle ownership, a Declaration of Deceased Estate - Form E172 (PDF, 245KB) must be completed on all occasions and submitted to Driver and Vehicle Services (DVS) centre, regional Department of Transport (DoT) office or agent.
Proof of identity of the person the vehicle is being transferred to must also be supplied.
Additional paperwork that may be required includes:
- an original or certified copy of the Will (if there is one); and
- a completed general Statutory Declaration form (if there are multiple Executors or Administrators).
If the deceased person does not have a Will or has a Will that does not include the vehicle, the vehicle may be transferred to an ‘entitled person’. As defined by the Administration Act 1903, an entitled person can include a husband, wife, child, grandchild, parent, grandparent, brother, sister, child of a deceased brother or sister, uncle, aunt, or child of a deceased uncle or aunt.
If the deceased person leaves a de facto partner but no husband or wife, the de facto partner has the same entitlements as a husband or wife if the de facto partner and the deceased person lived together as de facto partners for at least two years immediately before the death of the deceased person.
If the vehicle is transferred from the deceased estate to a person who:
- is a beneficiary of the deceased person’s Will in respect of the vehicle; or
- is an entitled person if the deceased person does not have a Will, or has a Will that does not include the vehicle
a transfer fee and a reduced amount of vehicle licence duty is payable. In most other cases a transfer fee and full vehicle licence duty is payable.
Apply to change the ownership of a vehicle when the owner has deceased
Show moreIf you are unsure as to whether to obtain a grant or if you require further assistance regarding the deceased's estate you should consider contacting the following:
- Citizens Advice Bureau.
- Community Legal Centres.
- Law Society - for legal assistance or help to find a lawyer.
- Supreme Court of Western Australia - for probate information.
Driver and Vehicle Services and the Probate Office of the Supreme Court cannot provide you with legal advice regarding these matters.
Where Probate and Vehicle Services of Administration have been granted or obtained from the Supreme Court, a true copy must be provided before a vehicle licence will be transferred to the executor or administrator of the deceased's estate or to another person at the direction of the executor or administrator.
Restrictions on change of ownership of a vehicle when the owner has deceased
Show moreYou are encouraged to check the vehicle licence status before considering the sale or purchase of a vehicle.
Until a suspension has been removed, the vehicle is considered unlicensed and continued use of the vehicle will be in contravention of the Road Traffic (Vehicles) Act 2012.
Further details or enquiries in relation to these matters can be obtained by contacting the Fines Enforcement Registry on 1300 650 235.
A person can also place a restriction on their vehicle's licence to prevent another person from transferring it. A transfer cannot occur unless the restriction is removed by the presentation of another Court Order to a Driver and Vehicle Services centre or regional Agent.
Public passenger vehicle licences (ie taxis, small charter vehicles, hire and drive, or omnibuses licensed under the Transport Coordination Act 1966) can only be transferred if the operator provides a written authority from On-demand Transport at the Department of Transport. If the vehicle is no longer to be used as a passenger vehicle, this authority is not required. However, any special identification plates (i.e. taxi plates) must be returned and a general series plate issued before the transfer can proceed.
Deceased has a Will and Probate has been granted to executor(s)
Show moreAn executor(s) nominated in a Will, will usually be required to apply to the Supreme Court of WA for a grant of Probate before the assets of a deceased estate can be distributed. The granting of Probate authorises the executor(s) to administer the estate of the deceased person according to the terms of the Will.
An original or certified copy of Probate must be provided.
Deceased has a Will but Probate is not required by executor(s)
Show moreThere are some circumstances where a Will exists and the nominated executor(s) do not need to apply for a grant of Probate, such as when the only property left by the deceased are personal possessions (including motor vehicles) that have a low value.
Customers should seek their own independent legal advice if they are unsure whether they need a grant of Probate.
Deceased has a Will and Letters of Administration (with the Will annexed) have been granted to administrator(s)
Show moreWhen a deceased person leaves a valid Will that:
- does not appoint an executor(s); or
- appoints an executor(s), but they are not willing or competent to take Probate or they reside outside WA
the Supreme Court of WA may grant Letters of Administration (with the Will annexed) to an appropriate person(s), usually a beneficiary named in the Will. The person(s) granted Letters of Administration (with the Will annexed) becomes the ‘administrator’ of the deceased estate. An original or certified copy of Letters of Administration (with the Will annexed) must be provided.
Deceased does not have a Will and Letters of Administration have been granted to administrator(s)
If a person dies without leaving a valid Will, they are ‘intestate’. In these cases the Supreme Court of WA may grant Letters of Administration to an appropriate person(s), usually an entitled person of the deceased estate. The person(s) granted Letters of Administration becomes the ‘administrator’ of the deceased estate. An original or certified copy of Letters of Administration must be provided.
Deceased does not have a Will and Letters of Administration are not granted
When a person dies intestate, an administrator does not always have to be appointed to manage the affairs of the deceased estate. A surviving spouse (for example) may be able to manage and distribute the estate without obtaining Letters of Administration from the Supreme Court. This usually occurs when the value of the estate is low.
Change the ownership of the vehicle when the vehicle has optional or personalised plates
Show moreIf you want to transfer the vehicle that displays Personalised Series plates, but want to keep the plates, you must remove the plates from the vehicle before the sale and get other plates for the vehicle. The Personalised Series plates must be retained at a Driver and Vehicle Services Centre or regional Agent (subject to a storage fee).
The plates can be transferred to a member of the immediate family of the deceased by completing the Application for plate remake/transfer Form E45 (PDF file) after which the plates can be placed on a vehicle in their name. A plate fee is charged for this change.
If the plates are no longer required and you do not wish to issue them to an immediate family member, the right to display these plates must be relinquished by written request.
Once the right to display has been relinquished the plates must be returned to a Driver and Vehicle Services Centre or regional Agent and a set of ordinary state plates will be issued to the vehicle. Please note a fee for a new set of plates applies.
If the vehicle is fitted optional plates (other than personalised plates) and the plates are being left on the vehicle, the beneficiary/non-beneficiary and executor/administrator must each complete and submit a Transfer of Right to Display Optional Plates (Form VL176) (PDF file).
The Beneficiary or non- beneficiary will then have to pay the applicable plate transfer fee. A Beneficiary of an Estate pays a reduced plate transfer fee. You must present a copy of the Will and a completed Transfer of Right to Display Optional Plates (Form VL176) (PDF file) at a Driver and Vehicle Services Centre or regional Agent.
Note to new owner of right to display:
- If you do not want to own the right to display the plates, return the optional plates to a Driver and Vehicle Services Centre to receive a set of ordinary state plates. Please note a fee for a new set of plates applies.
Note to Executor/Administrator:
- If you do not intend to transfer the right to display the optional plates, return the optional plates to a Driver and Vehicle Services Centre for retention and receive a set of ordinary state plates for the vehicle you are selling. Please note a fee for a new set of plates applies.
