When a deceased person's car has no particular place to go, the executor of the estate may be responsible for selling it. This process requires the executor to provide the correct documents so that the car can be transferred to the buyer. The executor must complete the Assignment of Ownership section on the back of the Certificate of Title, which should include the buyer's full name and address, as well as the agreed price of the vehicle. If the deceased person left a will and a will, having that paperwork will make the process relatively simple.
If the will names you executor of the estate, you can legally sell the car. The probate court (the state agency that handles the estate) will issue probate letters or letters of administration, which give you authority to act on behalf of the estate and allow you to sell the vehicle, among other items left behind. Make copies of these letters and the death certificate for your records and to share them if someone questions your authority over the vehicle. In most states, if there is no will or if there is a will but it does not name an executor, you may need a copy of the death certificate and a letter from the court stating that there is no succession or that the estate does not need to be testamentated in order to sell the vehicle. If you are the beneficiary of the vehicle or the administrator of the deceased person's estate, you can visit the Title Office with these documents to initiate the transfer of title. It is important to research your state's laws on DMV and Department of Transportation websites to find out what type of documents you'll need to sell your deceased family member's car.
A lawyer acting as executor of the estate may also want to intercede on your behalf and help you with the sale of the car to settle any outstanding debt. Under Florida probate laws, estates without a will follow rules of “intestate succession”, passing property of deceased to their heirs (sometimes called next of kin). If there is no will and no descendants, then her sister would be considered next heir to estate. As executor, administrator or personal representative of an estate, you have legal obligation to comply with applicable laws to protect heirs and possessions of deceased person, including their home, collectibles and vehicles. It states, in part, “If previous owner died probate (with a will), application will be accompanied by certified copy of will, if proven, and affidavit that estate is solvent with sufficient assets to pay all fair claims or, if will is not being proven, certified copy of will and affidavit that estate is not in debt”.Whether you're an executor or relative, you may need help when it comes to things like last wills and wills, medical records or titles. If you are in charge of disposing assets of someone who has died, selling their car is not complicated.
