What Do We Do with the Cars?

Should you retitle your vehicle in your trust – or rely on other methods?

Many estate-planning clients ask the following:

“Should I go to the DMV now and change the car title from ‘Jay Leno’ to the ‘Jay Leno Trust’?”

It’s a great question — and one that doesn’t have a one-size-fits-all answer. Below is a breakdown of how vehicles work in Washington and Oregon, what the advantages and disadvantages are of retitling into a trust, and what I typically recommend. This is a very common discussion that I have with clients. 

1. The Basics: Vehicles and Trusts

A revocable living trust is a powerful tool for avoiding probate for many assets, but it’s not always necessary to change the title of every item into the trust’s name. In other words, everything doesn’t necessarily need to be in the trust. 

For assets without titles — like your dining-room table, jewelry or artwork — I use an Assignment of Personal Property that transfers all such items (including ordinary vehicles and boats) into the trust. But titled property, like a car, is a gray area because of DMV procedures.

So the key question becomes: should you go through the DMV process now, or just make sure your estate plan allows the vehicle to transfer smoothly later?

2. What Washington Law Says

Washington’s Vehicle Licensing rules specifically address titling vehicles held in trust. Under WAC 308-56A-065, a certificate of ownership may show:

• The trustee’s name followed by “trustee” (e.g., John Doe, Trustee)

• The trustee’s name followed by “trustee” and the name of the trust (e.g., John Doe, Trustee John Doe Family Trust)

• Or just the name of the trust itself (e.g., John Doe Family Trust)

So yes — titling a vehicle in the name of a trust is legally permissible in Washington. It works.

However, the DMV also recognizes “trust ownership” in other ways. For example, the registered owner can remain the same, while the trust is noted for ownership. Bottom line: it’s allowed, but not required — so the decision is a planning choice, not a legal necessity.

3. What Oregon Law Says

In Oregon, the DMV provides for operation-of-law title transfers, including those to or from a trust. If a vehicle needs to be transferred after death, heirs can submit an affidavit and a death certificate to have the title reissued without probate.

This means that Oregon’s system already provides a relatively simple way to transfer a car title when someone passes away.

As a result, while you can certainly title a vehicle in your trust’s name, it’s often unnecessary for ordinary cars — especially when you’ve already signed an Assignment of Personal Property covering “all vehicles, boats, and other tangible personal property.” From a simplicity of life perspective, this is what I recommend. 

4. Key Considerations — Pros & Cons

Pros of retitling now:

• Ensures the car is officially owned by the trust, avoiding any ambiguity later.

• May simplify the successor trustee’s job when settling the trust.

• Adds privacy by keeping your personal name off the public title record.

Cons of retitling now:

• It’s extra DMV paperwork and fees for little immediate benefit.

• Some insurance companies handle trust-titled vehicles differently (it’s fixable, but an extra step).

• Both Washington and Oregon have clear post-death title transfer processes — so retitling doesn’t add much real value for most families.

In short: for most everyday cars, retitling is optional. For high-value, collectible, or business-use vehicles, it’s worth considering.

5. What I Typically Recommend

For most clients, I suggest:

• Yes, include vehicles and boats in your Assignment of Personal Property so your trust legally covers them.

• No, you generally don’t need to go to the DMV to change the title on everyday cars (e.g., your Toyota Camry).

• Yes, consider formal retitling if:

  • The vehicle is a collectible, vintage, or high-value asset.

  • It’s used for business or liability-prone activities.

  • You want maximum clarity for your successor trustee or privacy on public records.

Also, remember to title future vehicles properly. If you buy a new car after creating your trust, you can have it titled directly in your name “as trustee” of your trust — no need for an amendment later.

6. Estate Transfer After Death: Trust vs. No Trust

Even if a car isn’t titled in your trust, the successor trustee or heirs can usually transfer it easily.

• Washington: The DMV allows heirs or trustees to present a death certificate and supporting paperwork to reissue the title.

• Oregon: Heirs can use the DMV’s Affidavit of Inheritance (Form 735-516) and Application for Title & Registration (Form 735-226) to transfer ownership without probate.

So in both states, ordinary vehicles can typically be handled without formal probate — one reason lawyers often don’t push DMV retitling for normal cars.

7. What About High-End or Collectible Cars?

If the vehicle is a collectible, exotic, or business-related car, the calculus changes.

• These cars can have significant value, and therefore probate exposure.

• Insurance, liability, and privacy issues become more meaningful.

• Titling in the trust can prevent confusion and potential disputes later.

In those cases, retitling into the trust may make sense — just coordinate with your insurance agent to ensure continuous coverage.

8. Trust Funding: A Refresher

Even though not every asset needs to be re-titled, the single biggest reason living trusts fail is that they aren’t properly funded.

Funding your trust means transferring ownership of your assets so the trust — not you — is the legal owner. Without that step, your trust is just a piece of paper.

Here’s how funding works:

• Assets with formal titles (real estate, vehicles, bank accounts) should either be retitled into the trust or set up with transfer-on-death/beneficiary designations that coordinate with it.

• Personal property without titles (furniture, art, jewelry, tools, household goods) can be transferred through your Assignment of Personal Property, which automatically moves them into the trust without retitling.

• If you skip funding, those assets could still require probate — undermining the purpose of your trust.

A quick trust-funding review once a year ensures your plan actually works when needed.

9. A Practical Takeaway

• In Washington and Oregon, you don’t need to stand in line at the DMV just to move your car into your trust.

• Your Assignment of Personal Property and the DMV’s post-death procedures already cover most situations.

• However, if you have valuable or collectible vehicles, want maximum simplicity for your heirs, or value privacy, retitling can still be worthwhile.

Either way — the most important step is ensuring your trust is properly funded so that no asset, titled or not, slips through the cracks.