When standard title documentation is missing, an affidavit of ownership can establish legal ownership of a vehicle. Here is what it is and when it applies.
An affidavit of ownership is a notarized, sworn statement by an individual declaring that they are the rightful owner of a vehicle. It is used when the standard certificate of title is unavailable (lost, never issued, or destroyed) and the owner needs to establish legal ownership through sworn testimony rather than a paper chain of title.
The affidavit typically includes: the declarant full legal name and address, a complete vehicle description (year, make, model, VIN, color), a statement of how ownership was acquired, a declaration that no known liens exist, the declarant signature, and a notary seal.
Common situations include inheriting a vehicle when the deceased owner title cannot be located, buying an older vehicle from a private seller who lost the title years earlier, purchasing a vehicle at an estate sale where title documentation is incomplete, and vehicles that were titled in states that no longer exist in their prior title format.
Montana reviews alternative ownership documentation on a case-by-case basis. For vehicles with solid supporting documentation (bill of sale, registration history, insurance records, or VIN verification), an affidavit of ownership may be accepted as part of a Montana title application. The Montana Motor Vehicle Division requires that any affidavit be notarized and that supporting evidence accompany it.
If your vehicle falls into a missing-title situation, the best first step is telling us what documentation you do have. We can tell you which path fits your specific situation.