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Transferring car ownership and titles is one of the many things an executor has to deal with after someone dies. Cars aren’t always willed to others and the way that transferring ownership is handled can depend on the state you live in, the presence (or lack) of a will, and whether or not the estate is going through probate. Here’s what to know when it comes to transferring ownership of a car after someone dies.
When someone dies, the car becomes part of your estate and is handled by the estate’s administrator or executor. The person who ends up with the car will depend on what’s laid out in the will, what the estate’s status is and whether or not there are co-owners on the car -- it also depends on whether there was a Transfer-on-Death Vehicle Registration on file.
If the decedent was in a state with Transfer-on-Death (TOD) Vehicle Registration, the car does not need to stay stagnant while the estate goes through probate. If the owner had filled out a TOD Vehicle Registration form, the named beneficiary gains control over the vehicle immediately following the death.
The following states let you name a beneficiary for your car:
The estate executor needs to give permission to the individual who wants to drive the car while the estate is going through probate. In addition, you’ll need current insurance and a valid license in order to drive a deceased person’s vehicle.
Executors may choose to sell a car if it has no co-owners, no named beneficiaries, and no TOD beneficiaries listed. The estate executor can sell the car in any way they feel fit (owner to owner, selling to a business, donating the vehicle, etc.), it’s the same process as selling a car in a normal situation.
If someone else has the car and you are the executor or a beneficiary who is attempting to obtain possession of the car, you should get an Affidavit for Transfer of Personal Property. Typically, you can find these forms online through your local government’s website.
Many people have lots of questions after someone passes away. “My wife o husband died and my name is not on the car title” is not an uncommon concern to have. Luckily, the process of transferring car ownership after someone passes away isn’t too complex.
Transferring a car title after death is a relatively simple process if you’re a joint-owner, beneficiary, or a surviving spouse and the car is not part of a probated estate. Here are the steps you’ll want to take in order to transfer a vehicle title after a death.
If the title of the vehicle was only in the decedent’s name, you’ll need to find out if the estate is going through probate. (Probate is the legal process by which an estate of an individual is handled after they pass away. If the car is in probate, it can take months (and even years, depending on the size of the estate) for the probate process to resolve and the car to be handed over to the new owner.
If the car is part of probate, it’s up to the estate’s executor or administrator to handle transferring the car title to the beneficiary or new owner.
If the car is not part of probate, and you are the spouse, a joint-owner, a beneficiary, or the executor, you can typically visit your local Title Office with a copy of the death certificate, the title of the car, and ask that they issue a new title to you.
Each state has a different set of laws regarding the probate process and the car title transfer process, so you’ll want to make sure you’re checking with your state laws before proceeding. However, in most states you’ll need to gather the following information in order to transfer a car title after a death:
Once you’ve gathered all the required information and documentation (and probate is complete), you can visit your local Title Office to transfer the title. You’ll need to be the beneficiary of the vehicle (or the executor of the estate) in order to file for a title transfer.
If the title for the vehicle has already been transferred to you and you choose to sell it, you can sell the vehicle as you normally would sell a vehicle. If you’re the beneficiary or executor and don’t have the title transferred yet, you’ll most likely be able to list the car for sale, sign the title with your name (and role) and sell the car to the interested buyer. Once that individual is in possession of the title and car, they can then transfer the title to their name.