The affidavit of heirship for a motor vehicle is a sworn statement, published by the Mississippi Department of Revenue (DOR), that is attached to the application for assignment of title when a vehicle owner has died. It is for cases where no will is being probated, no personal representative has been appointed and no widow's allotment has been made. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original form is published by the DOR at the official link below.
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What is 78-014?
Form 78-014, Affidavit of Heirship for a Motor Vehicle, is a sworn statement from a deceased vehicle owner's next of kin, issued by the Mississippi Department of Revenue (DOR), that is attached to and made part of the application for assignment of title to the vehicle.
The form is used when the owner dies without a will being probated and with no personal representative appointed or widow's allotment made. In it, the signers swear to the following:
- the owner's name and date of death, and that the owner was the sole owner of the vehicle described by VIN, year, make, model and title number;
- the odometer reading, with no tenths, as federal and state law require for a transfer of ownership;
- that no will was probated and no administrator, executor or other personal representative was appointed;
- whether the deceased is survived by a spouse, was unmarried, and how many children there were;
- the name, address, relation and age of all of the kin;
- the name in which the next of kin want the vehicle assigned and registered.
The form ends with a block for the signatures of the next of kin and a notary public's jurat, date, commission expiration and seal. The form's footer identifies Motor Vehicle Services of the DOR in Jackson, MS.
Who needs to file 78-014?
The next of kin of a deceased vehicle owner use this affidavit when they want the vehicle assigned and registered in a new name and the estate has not been opened in the ways the form lists. The form applies when:
- the owner died as the sole owner of the vehicle;
- no will was probated;
- no administrator, executor or other personal representative was appointed;
- no widow's allotment was made.
If minor or mentally incompetent children are among the next of kin, the surviving parent may act for those children, according to the form's printed note.
The form is not designed for estates where a will is being probated or a personal representative has been appointed, since the affidavit swears that neither has occurred. It is also not a stand-alone document: it is attached to the application for assignment of title to the vehicle.
When to file 78-014
Use the affidavit when the owner of a vehicle has died and the next of kin are ready to apply for assignment of title to the vehicle. The form says it is attached to and made a part of the application for assignment of title, so it is submitted whenever that application is made. No separate due date is printed on it.
Before you sign, make sure the statements in item 2 are still true: no will probated and no administrator, executor or other personal representative appointed. The signatures must be made before a notary public, since the form is "subscribed and sworn to before me."
Documents you need
- The application for assignment of title to the vehicle: the affidavit is attached to and made a part of it.
- Notary public's completion of the jurat block (date sworn, signature, commission expiration and seal): the signatures of the next of kin must be sworn before a notary.
How to fill out 78-014
Identify the deceased owner
In item 1, enter the owner's name and the date of death (day, month and year as the blanks are laid out). The statement says the person was the sole owner of the vehicle at the time of death.
Describe the vehicle
Enter the VIN, year, make, model and title number of the vehicle in item 1.
State the odometer reading
Enter the name of the person making the statement and the odometer reading in miles, with no tenths. Federal and State law require the mileage for a transfer of ownership.
Check an odometer exception if it applies
Check box (1) only if the reading exceeds the odometer's mechanical limits, or box (2) only if the reading is NOT the actual mileage. Leave both unchecked if the reading is the actual mileage.
Confirm item 2 about no probate
Item 2 is a printed statement that no will was probated and that no administrator, executor or other personal representative was appointed. Do not sign if either statement is untrue.
Report the surviving family in item 3
Indicate whether the deceased is survived by a spouse or was unmarried, and enter the number of children.
List all kin in item 4
For each of the kin of the deceased, enter the printed name, address, relation and age. If minor or mentally incompetent children are included, the surviving parent may act for them.
Name the new owner in item 5
Enter the name in which the next of kin want the vehicle assigned and registered.
Sign before a notary
The next of kin sign on the Signature of Next of Kin lines in front of a notary public, who completes the date sworn, signature, My Commission Expires and seal.
Review and download the completed PDF
Check the VIN, mileage and the kin list, then download or print the completed PDF from FillingPDF and attach it to the application for assignment of title.
How to submit 78-014
Form 78-014 is submitted as an attachment to the application for assignment of title to the vehicle. The form itself names no separate filing channel, address or portal for the affidavit.
- With the title application: attach the signed and notarized affidavit to the application for assignment of title, since the form states it is made a part of that application.
- Motor Vehicle Services contact details printed on the form: Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215; www.dor.ms.gov; phone 601-923-7200; fax 601-923-7224. Contact them to confirm where and how to deliver the complete title application package.
The form's footer does not state whether a fee applies; ask Motor Vehicle Services. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using the affidavit when a will is being probated or a personal representative has been appointed; item 2 swears that neither has happened.
- Leaving the odometer statement incomplete or entering tenths; the form says to enter the mileage with no tenths and warns that failure to complete it or a false statement may bring fines or imprisonment.
- Checking the odometer box (1) or (2) without cause; box (2) certifies that the reading is NOT the actual mileage and carries an odometer discrepancy warning.
- Listing only some relatives in item 4; the form asks for all of the kin of the deceased, with printed name, address, relation and age.
- Signing before meeting the notary; the form is subscribed and sworn to before the notary public.
- Omitting the VIN, title number or other vehicle details in item 1, so the vehicle cannot be matched to its title.
- Submitting the affidavit on its own instead of attaching it to the application for assignment of title.
- Leaving out the name in item 5 in which the next of kin want the vehicle assigned and registered.
Frequently asked questions
What is an affidavit of heirship for a motor vehicle in Mississippi?
It is a sworn statement of a deceased owner's next of kin, on Mississippi DOR Form 78-014, attached to the application for assignment of title to the vehicle. It is for cases where no will was probated and no personal representative was appointed or widow's allotment made.
When can I use Form 78-014 instead of probating an estate?
Use it when the owner died without a will being probated and with no personal representative appointed or widow's allotment made. If any of those has happened, the affidavit's statements would not be true, so check with Motor Vehicle Services about the right paperwork.
Does the affidavit of heirship have to be notarized?
The form is printed as subscribed and sworn to before a notary public, with lines for the date, the notary's signature, commission expiration and seal. The next of kin should sign in the notary's presence rather than beforehand.
Who signs for children who are minors?
The form's note says that if minor or mentally incompetent children are among the next of kin, the surviving parent may act for those children. The children are still listed in item 4 with their relation and age.
Do I need to give the odometer reading on the affidavit?
Yes. The form says federal and state law require the mileage in connection with the transfer of ownership, and that failing to complete it or giving a false statement may result in fines or imprisonment. Enter the reading in miles with no tenths.
Where do I send Form 78-014?
Attach it to the application for assignment of title; the form names no separate address. The footer lists Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215, phone 601-923-7200, fax 601-923-7224, so call to confirm where to deliver the complete package.
Can I fill out the affidavit of heirship for a motor vehicle online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form or notarize it; the signed affidavit goes with your title application to the Mississippi DOR.
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