Ohio Form BMV 3773 Surviving Spouse Affidavit Guide – Losing a spouse is difficult enough without navigating complex legal processes for everyday assets like a car or truck. In Ohio, surviving spouses can transfer ownership of certain motor vehicles outside of probate court using Ohio Form BMV 3773, the Clerk of Courts Surviving Spouse Affidavit. This official form, authorized under Ohio Revised Code sections 2106.18 and 4505.10, allows a straightforward title transfer when specific conditions are met.
This guide explains what Form BMV 3773 is, who qualifies, required documents, how to complete it, and where to submit it. All information is drawn from official Ohio Bureau of Motor Vehicles (BMV) and Ohio Revised Code sources to help residents complete the process accurately.
What Is Ohio Form BMV 3773?
Form BMV 3773 is the official Clerk of Courts Surviving Spouse Affidavit used to transfer title of one or more automobiles owned by a deceased spouse directly to the surviving spouse. The form is submitted to a county Clerk of Courts Title Office along with other required documents.
Key points from the current version (BMV 3773 12/25):
- It is sworn under oath and typically requires notarization.
- It references Ohio Revised Code (R.C.) Sections 2106.18 and 4505.10.
- The surviving spouse affirms they are entitled to the vehicle(s), that the combined approximate value does not exceed $65,000, and that the vehicles were not disposed of by will or transferred via right of survivorship or transfer-on-death designations.
Download the official form here: Ohio Form BMV 3773 PDF.
You can also find it listed on the official Ohio BMV Documents & Fees page.
Who Qualifies to Use Form BMV 3773?
Eligibility is defined by Ohio law. A surviving spouse may use this process if:
- The decedent was a married Ohio resident who owned at least one automobile at the time of death.
- The vehicle(s) were not already transferred by joint ownership with right of survivorship (WROS) under R.C. 2131.12.
- The vehicle(s) were not designated for a transfer-on-death (TOD) beneficiary under R.C. 2131.13.
- The vehicle(s) were not specifically disposed of by the decedent’s will (testamentary disposition).
- The combined approximate value of all automobiles selected under this provision does not exceed $65,000 (as stated on the affidavit).
There is no limit on the number of qualifying vehicles as long as the total value stays at or below $65,000. “Automobile” under R.C. 2106.18 includes motorcycles and certain trucks used as family conveyance.
In addition, a surviving spouse may transfer one watercraft and one outboard motor under related provisions (R.C. 2106.19), though the affidavit process and forms may differ slightly for watercraft.
Important limitations: Commercial vehicles, motor homes, recreational vehicles, and ATVs generally do not qualify under the surviving spouse automobile provisions. Liens on the vehicle carry forward and are not removed by this transfer.
Required Documents for the Title Transfer
According to the official Ohio BMV guidance on transferring a title to a surviving spouse, bring the following to any county Clerk of Courts Title Office:
- Original Ohio Certificate of Title (or title number if applicable).
- Certified copy of the death certificate.
- Completed Application(s) for Certificate of Title to a Motor Vehicle (Form BMV 3774).
- Completed and notarized Clerk of Courts Surviving Spouse Affidavit (Form BMV 3773), including vehicle make, model, year, VIN, Ohio title number, and approximate value.
- Copy of the security agreement if a lien exists (lien will be carried forward).
- Acceptable government-issued photo identification (driver’s license or state ID). Contact your local title office for exact ID requirements.
- Payment for title fees.
Odometer disclosure is generally not required for surviving spouse transfers. No sales tax is typically due on this type of transfer.
Find your local title office using the official locator: Ohio County Title Offices Search.
How to Complete Form BMV 3773 Step by Step?
The form is straightforward but must be accurate and complete:
- Fill in the court caption with the correct county name (Court of Common Pleas, [County], Ohio).
- Enter the date and the full name of the decedent in the “In the matter of the Estate of” section.
- Complete the sworn statement section: state that you are the surviving spouse, provide the date of death, confirm ownership of the described automobile(s), affirm the combined value does not exceed $65,000 if transferring more than one, state the vehicle is not transferred under R.C. 2131.12 or 2131.13 or disposed of by will, and confirm entitlement under R.C. 2106.18.
- Provide vehicle details: VIN, make, model description, year, Ohio title number, and approximate value. Indicate if it is a replica motor vehicle if applicable. Use additional sheets or the multi-vehicle option if transferring more than one vehicle.
- Sign as the surviving spouse in the presence of a notary public (or other authorized officer).
- Have the notary complete the acknowledgment section, including county, state, commission expiration, and seal.
Note: A licensed Ohio motor vehicle dealer who is the owner or purchaser is not required to have the document notarized under R.C. 4505.063 in certain cases.
Where to Submit Form BMV 3773 and What Happens Next?
Submit all documents in person at any Ohio county Clerk of Courts Title Office. Titles are issued by the Clerk of Courts, not the BMV central office.
After approval, a new Certificate of Title is issued in the surviving spouse’s name. If a lien exists, it remains on the title. You may then transfer registration and license plates at a deputy registrar (BMV license agency) using the new title.
Title fees are set by the state and may include local variations. As of recent updates, the base certificate of title fee is commonly $15–$18 depending on the county and transaction type; confirm current fees with your local title office or the Ohio BMV website. Notary fees are additional if needed.
Key Legal References and Official Sources
The process is governed by:
- Ohio Revised Code Section 2106.18 – Transfer of automobile titles to surviving spouse.
- Ohio Revised Code Section 4505.10 – Related title procedures and affidavit requirements.
- Official BMV page: Transfer a Title – Surviving Spouse.
Always verify the most current form version and requirements, as forms are periodically updated (current version referenced is 12/25).
Frequently Asked Questions
Is there a limit on the number of vehicles?
No numerical limit exists, only a combined approximate value limit of $65,000 for automobiles selected under this provision.
What if the value exceeds $65,000 or the vehicle was left in a will?
The vehicle becomes part of the estate and typically requires probate court involvement or other transfer methods.
Do liens get removed?
No. Existing liens carry forward onto the new title.
Can I transfer a boat or outboard motor?
Yes, one watercraft and one outboard motor under related statutes, often using similar documentation. Confirm exact forms with the title office or Division of Watercraft if applicable.
Is the form available as a fillable PDF?
The official version is available as a downloadable PDF from the Ohio Department of Public Safety / BMV. Many county websites also link to it.
Final Tips for a Smooth Process
Contact your county Clerk of Courts Title Office in advance to confirm hours, exact fees, accepted payment methods, and any local preferences for documentation. Bring originals and certified copies as required. Keep copies of everything submitted for your records.
This process is designed to provide a relatively simple path for surviving spouses to obtain clear title to family vehicles without full probate administration when the statutory conditions are met. For complex estates, multiple high-value vehicles, or questions about wills and liens, consulting a qualified Ohio attorney or the probate court is recommended.
Official download link for the form: https://dam.assets.ohio.gov/image/upload/publicsafety.ohio.gov/bmv3773.pdf.