The small estate affidavit, Form 405, is the Service Oklahoma Motor Vehicle Services form used to transfer the ownership of a vehicle that is subject to disposition by will, when the total value of the estate is no more than $50,000.00. A successor in interest swears to four statements before a notary and provides a copy of the death certificate and a copy of the decedent's unprobated will. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by Service Oklahoma.
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What is 405?
Form 405, Small Estate Affidavit, is the sworn statement Service Oklahoma's Motor Vehicle Services uses to transfer the ownership of a vehicle subject to disposition by will, when the total value of the estate is no more than $50,000.00.
The affidavit is made by the successor in interest (the affiant). It identifies the county, the affiant, the deceased registered owner, the vehicle by make, body style and V.I.N., and the date of death. The affiant then states four facts under oath:
- The fair market value of the decedent's property located in Oklahoma that is subject to disposition by will, less liens and encumbrances, does not exceed $50,000.00.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- The affiant is the successor in interest to the vehicle and is entitled to delivery of it.
- All taxes and debts of the estate have been paid or otherwise provided for, or are barred by limitations.
The form states that a copy of the death certificate and a copy of the decedent's unprobated will, naming the applicant as beneficiary of the vehicle, are required to process it. The affiant signs under penalties of perjury, and a notary public completes the jurat with the date, commission expiration and seal.
Service Oklahoma lists Form 405 under Transfers on its forms page, alongside other transfer forms such as 798 (No Administrator Affidavit), 794 (Family Affidavit) and 771 (Transfer Upon Death Notice Application). This form is the one built around a will.
Who needs to file 405?
The main user is the successor in interest to a vehicle owned by a deceased registered owner, who completes the form as the affiant. The attached will must name that person as beneficiary of the vehicle.
The form sets these conditions, each sworn to by the affiant:
- The fair market value of the decedent's property in Oklahoma that is subject to disposition by will at the time of death, less liens and encumbrances, does not exceed $50,000.00.
- No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
- The affiant is entitled to delivery of the vehicle as successor in interest.
- All taxes and debts of the estate have been paid or provided for, or are barred by limitations.
Do not use Form 405 if the estate is worth more than the limit, if a personal representative has been appointed or an appointment is being sought, or if there is no will naming you as beneficiary of the vehicle. The form's sworn statement says the signer is the owner or legal agent of the owner of the vehicle; it does not describe any other representative.
When to file 405
Use Form 405 after the registered owner has died and the vehicle must be transferred to the successor in interest. The form prints no due date of its own.
Timing is tied to the sworn statements. At the time you sign, no application or petition for a personal representative may be pending or granted anywhere, and the value of the estate at the date of death may not exceed $50,000.00 after liens and encumbrances. You also need the death certificate copy and the unprobated will copy in hand, because the form says they are required to process the affidavit.
The notary section is completed when you sign: the affidavit is subscribed and sworn before the notary public, who enters the date, the commission expiration and the seal. Contact Motor Vehicle Services (see How to submit) if you need to know when to send it.
Documents you need
- Copy of the decedent's death certificate; the form lists it as required to process the affidavit.
- Copy of the decedent's unprobated will, naming the applicant as beneficiary of the referenced vehicle; the form lists it as required to process the affidavit.
How to fill out 405
Enter the county
Under State of Oklahoma, write the county on the County of line.
Name the affiant
On the first blank of the affidavit, enter the name of the successor in interest who is making the sworn statement.
Name the registered owner
Enter the name of the decedent, the registered owner of the vehicle, on the next blank.
Describe the vehicle
Enter the vehicle's make, its body style and its V.I.N. in the blanks marked Make, Body Style and V.I.N.
Enter the date of death
Fill in the day, month and year the registered owner died on the line that begins "died on the".
Review the four statements
Read statements 1 to 4 on value, no personal representative, successor in interest and paid taxes and debts. Sign only if each is true.
Add your address
Under Affiant, enter your address and your city, state and ZIP code in the lines provided.
Sign before the notary
Sign on the Affiant line as the form directs, in the presence of a notary public. The notary completes the date, commission expiration, signature and seal.
Review and download the completed PDF
Check names, V.I.N., date of death and addresses. Download or print the completed PDF from FillingPDF and gather the death certificate copy and will copy described under How to submit.
How to submit 405
The form names no mailing address, portal or appointment rule, so the channel for Form 405 is Service Oklahoma's Motor Vehicle Services, which the form tells you to contact with questions:
- In-state toll free: 800-522-8165
- Direct telephone: 405-521-3221
- Email: [email protected]
Ask Motor Vehicle Services how and where to deliver the package before you send it. Assemble it as the form describes: the affidavit signed by the affiant and completed by the notary public, a copy of the decedent's death certificate, and a copy of the decedent's unprobated will naming the applicant as beneficiary of the vehicle.
The form does not mention a fee. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using Form 405 when the fair market value of the decedent's Oklahoma property subject to disposition by will, less liens and encumbrances, is over $50,000.00.
- Signing the affidavit when an application or petition for a personal representative is pending or has been granted in any jurisdiction (statement 2).
- Leaving out the copy of the death certificate or the copy of the unprobated will; the form says both are required to process it.
- Providing a will that does not name the applicant as beneficiary of the referenced vehicle.
- Leaving the notary block empty: the affidavit must be subscribed and sworn before a notary public, with commission expiration and seal.
- Omitting the vehicle details (make, body style, V.I.N.) or the date of death that the opening sentence of the affidavit requires.
- Swearing to statement 4 when taxes and debts of the estate have not been paid, provided for or barred by limitations.
Frequently asked questions
What is the small estate affidavit for a vehicle in Oklahoma?
It is Form 405, issued by Service Oklahoma's Motor Vehicle Services. A successor in interest uses it to transfer the ownership of a vehicle subject to disposition by will when the total value of the estate is no more than $50,000.00.
Who can use Form 405?
The successor in interest to a deceased registered owner's vehicle, who must be named as beneficiary of that vehicle in the decedent's unprobated will. No application or petition for a personal representative may be pending or granted in any jurisdiction.
What is the estate value limit on Form 405?
$50,000.00. The fair market value of the decedent's property in Oklahoma that is subject to disposition by will at the time of death, less liens and encumbrances, must not exceed that amount, and you swear to it in statement 1.
What documents do I need with the Small Estate Affidavit?
A copy of the decedent's death certificate and a copy of the decedent's unprobated will naming you as beneficiary of the referenced vehicle. The form says both are required to process the affidavit.
Does Form 405 have to be notarized?
Yes. The form is subscribed and sworn before a notary public, who enters the date, the commission expiration and the notary seal. You sign under penalties of perjury, so sign in front of the notary.
Where do I send Form 405?
The form prints no address or portal. Contact Service Oklahoma's Motor Vehicle Services at 800-522-8165 (in state toll free), 405-521-3221 or [email protected] to find out how to deliver it with the death certificate and will copies.
Can I fill out the small estate affidavit online?
You can fill out Form 405 online on FillingPDF and download or print the completed PDF. FillingPDF is an independent service and does not file the form with Service Oklahoma; you deliver it through the agency's channels.
Is there a deadline to file Form 405?
The form prints no deadline. It applies after the registered owner's death and only while no personal representative has been applied for or appointed, so confirm timing with Motor Vehicle Services at 405-521-3221.
Ready to fill out 405?
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