Selling a deceased person's car
LIST Code: ES-02-07-02-00
LIST Code
ES-02-07-02-00
Title
Selling a deceased person's car
Definition
Legal issues related to selling a vehicle owned by a deceased person when the title is not in the seller’s name. This includes understanding probate requirements, authority to transfer title, and documentation needed to legally sell or transfer the car. This issue covers situations where a family member wants to sell a deceased parent’s or relative’s car but is not listed on the vehicle title. In most cases, a person must have legal authority—such as being appointed personal representative or qualifying under a small estate procedure—before they can transfer ownership. Questions often arise about whether probate is required, whether a will controls the vehicle, and what documents the motor vehicle agency requires. It also includes understanding alternative transfer methods, such as affidavits for small estates, transfer-on-death vehicle titles (if applicable), or joint ownership with survivorship rights. Legal questions may involve clearing liens, locating the original title, resolving disputes among heirs, and ensuring proper tax and registration compliance. Rules vary by jurisdiction and by the value and ownership structure of the vehicle. Includes: - Selling a car owned by a deceased person - Obtaining authority to transfer vehicle title - Small estate or affidavit procedures for vehicle transfer - Clearing liens or title issues - Motor vehicle agency documentation requirements - Disputes among heirs regarding vehicle ownership