DMV question...Transferring vehicle from deceased owner
#1
My friend's dad recently passed away and the truck she drove was registered under her dad's name (so she could be on his insurance). Now she wants to sell it to me. Does anyone know how this works? She has the title, and a non official copy of the death certificate, but not the original. BTW I'm in the state of Nevada.
EDIT: to clarify, the title IS in her father's name still.
EDIT: to clarify, the title IS in her father's name still.
Last edited by viperdan; Apr 7, 2006 at 07:02 AM.
#2
Rules are going to vary by state. Call up your state DMV - I'm sure they've done it before!
My guess (emphasis added for the misinformation police) is that it will have to go through estate/probate as he still owns it. If it was granted to her in his will, it should be pretty smooth - title will transfer to her, then she can sell it to you. If it wasn't in the will, it could get ugly as everyone in the family can make a claim for it.
Regardless, it ain't gonna happen today.
EDIT: just re-read your post. You say she has the title. Meaning she has it in her name, or just the piece of paper? If the title is in HIS name, the above applies. If it's in HER name, she can sell it to you regardless of who it's registered to. (In Ohio, only the person on the title can register the car)
My guess (emphasis added for the misinformation police) is that it will have to go through estate/probate as he still owns it. If it was granted to her in his will, it should be pretty smooth - title will transfer to her, then she can sell it to you. If it wasn't in the will, it could get ugly as everyone in the family can make a claim for it.
Regardless, it ain't gonna happen today.
EDIT: just re-read your post. You say she has the title. Meaning she has it in her name, or just the piece of paper? If the title is in HIS name, the above applies. If it's in HER name, she can sell it to you regardless of who it's registered to. (In Ohio, only the person on the title can register the car)
Last edited by tc; Apr 7, 2006 at 05:24 AM.
#3
I've been executor on a couple of probates. If the title is in the deceased person's name (even as co-owner) the vehicle (or co-owner's share of the vehicle) belongs to the estate and must be treated as part of the estate being probated.
Once the executor is legally empowered to manage the estate (having registered; getting documents certifying his / her executor powers) he / she is empowered to transfer the vehicle / title to whomever the will specifies as the beneficiary for the deceased's personal property. Alternatively, the executor can sell the personal property ***if the terms of the will, the local laws, and other factors permit him / her to do so***.
Here's what I did (in Tennessee - procedure may vary by jurisdiction)..... I went to the DMV office with:
- the title and registration for the vehicle
- the letter testamentary certifying me as executor of the owner's estate
- the beneficiary to whom the vehicle was being transferred as part of the probate
- my ID
I explained the situation, showed the certification and ID, and then executed the transfer as if it were my own vehicle. I waited until asking the DMV how to fill out the sale block on the back of the title before filling it in. As I recall, I filled it out in the normal fashion, listing myself as "Name / Executor for the Estate of **************', and then signing.
It only took a few minutes - no big deal if you show up with all the necessary documentation.
Hope this helps......
Once the executor is legally empowered to manage the estate (having registered; getting documents certifying his / her executor powers) he / she is empowered to transfer the vehicle / title to whomever the will specifies as the beneficiary for the deceased's personal property. Alternatively, the executor can sell the personal property ***if the terms of the will, the local laws, and other factors permit him / her to do so***.
Here's what I did (in Tennessee - procedure may vary by jurisdiction)..... I went to the DMV office with:
- the title and registration for the vehicle
- the letter testamentary certifying me as executor of the owner's estate
- the beneficiary to whom the vehicle was being transferred as part of the probate
- my ID
I explained the situation, showed the certification and ID, and then executed the transfer as if it were my own vehicle. I waited until asking the DMV how to fill out the sale block on the back of the title before filling it in. As I recall, I filled it out in the normal fashion, listing myself as "Name / Executor for the Estate of **************', and then signing.
It only took a few minutes - no big deal if you show up with all the necessary documentation.
Hope this helps......
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