How to Sell a Deceased Family Member's Car: A Step-by-Step Guide

There's a lot to process when a family member dies. Coping with your loss may be made harder if you have to handle the material items the decedent left behind, like a car.

This step-by-step guide can help you through the process of how to sell a deceased family member's car and relieve some of the stress that accompanies the death of a loved one.

Fast Facts

• Being thorough and organized is key to selling a deceased family member's car.
• If there is a will, a Transfer on Death addendum on the title, or a joint title for the car, selling a loved one's car can be simple and straightforward.
• Research your state laws and make copies of all legal documents.
• If you're still in doubt about the process it's important to seek additional legal advice.

Step 1: Locate the Will

If the deceased person left a last will and testament, having that paperwork will make the process relatively straightforward. If the will names you as the executor of the estate, you can legally sell the car. The probate court (the state-run agency that handles inheritance) will issue letters testamentary or letters of administration, both of which give the recipient the authority to act on behalf of the estate and allow them to sell the vehicle, among other items left behind. Make copies of these letters and the death certificate for your records and to share if someone questions your authority over the vehicle. (You can also request multiple certified copies of the death certificate at the time of death.) If there is no probate, you can use an Affidavit for Transfer of Personal Property to transfer ownership.

Possession or ownership of a vehicle is not enough, though: You'll need to acquire the car title, too, in order to sell it. Your state's department of motor vehicles (DMV) website will provide details on how to acquire the vehicle title. (In some states, it may be as simple as bringing the certificate of title and the death certificate to your local title office to have a title transfer initiated.) If you don't have experience selling a car yourself, Motorvero has resources that can help with things like selling your car online, making the most money you can out of the sale, how to pick the right price, who's responsible for sales tax and title fees, and more car-selling advice.

What to Do if There is No Will

If the deceased person did not leave a will, the process of selling their car can be more complicated. In this case, you will need to go through probate court to attain the authority to sell the vehicle. The court will determine the rightful heirs and appoint an administrator to handle the estate, including selling the car.

Step 2: Make Sure the Car Doesn't Have Unpaid Loans

If the car has a lien, you as the new vehicle owner will need to pay off the balance before taking any of the steps listed above to sell the car. Once you pay off the car's loan, the lienholder, or lender, will provide you with a clear title. If there is no lien, you still need the title, but it doesn't need to be in your name. Instead, after you have made the sale, just sign the back of the title as if you own the vehicle and next to your name write "executor for the estate of [deceased owner's name]." The new owner of the vehicle will then take the title to their local DMV office, and the state will issue a new title in their name as part of the vehicle registration process, along with the new registration and license plates (in most states).

Dealing with Outstanding Car Loans

If the deceased family member had an outstanding car loan, you will need to contact the lender to discuss your options. In some cases, the lender may allow you to assume the loan and continue making payments. Alternatively, you may need to sell the car and use the proceeds to pay off the remaining loan balance.

Step 3: Cancel the Insurance

Before selling the car of a deceased person, you will also need to cancel any insurance on the car. The insurance company may ask for a copy of the death certificate and the letter of testamentary.

Transferring Car Insurance

If you plan to keep the car for a period of time before selling it, you may need to transfer the insurance policy to your name. Contact the insurance company to discuss your options and ensure that the car remains properly insured until it is sold.

Step 4: Understand Survivorship Rights

Estate planning can make the process simpler, but even if your loved one didn't leave a will, there are some documents that can keep dealing with their car fairly straightforward. If the vehicle was under joint ownership, then it may have been jointly titled to your loved one's spouse. In this case, the surviving spouse needs only a copy of the death certificate and a valid ID like a driver's license to prove ownership of the vehicle—and, thus, the right to sell it. The vehicle may have also been jointly titled with "rights of survivorship," which means when one of the co-owners dies, the other becomes the vehicle's sole surviving owner, and thus has the right to sell it with the death certificate and an ID as proof of ownership.

A joint title is often designated with the initials "JWROS" (joint with right of survivorship) appearing after the names on the title: "John Doe and Jane Doe, JWROS." For more information on your state's joint titling laws, consult your state's Department of Transportation website.

The title may include a "Transfer on Death" or "TOD" addendum naming you as the car owner upon the death of the previous owner. If this is this case—and the state decides the estate does not need to be probated—you will need a copy of the death certificate and a letter from the court stating that the deceased died "intestate" (without a will) and that there is either no estate or that the estate does not need to be probated in order for you to sell the vehicle (in most states).

As you've probably guessed by now, these laws vary by state. Research the laws in your state on the DMV and Department of Transportation websites to understand what kind of documents you will need to sell a deceased person's car. Consulting with an attorney, if possible, is a good way to make sure you are following proper procedures.

Joint Ownership and Survivorship Rights

If the deceased family member owned the car jointly with another person, such as a spouse, the survivorship rights may allow the co-owner to assume full ownership of the vehicle. This can greatly simplify the process of selling the car, as the surviving owner can proceed with the sale without going through probate.

Step 5: Go to Probate

If there is no will, TOD addendum, or a JWROS designation, you will have to go through probate court to attain the authority to sell the vehicle. If there is a general consensus among the living heirs of the deceased that you should take ownership of the car, you can list it for sale immediately after acquiring the appropriate documentation for your state—most likely a death certificate and a letter from the probate judge.

An attorney acting as the executor of the estate may also want to intercede on your behalf and help you with the sale of the car in order to settle any outstanding debt. However, if the person died without a will and left a large estate—or if there are disagreements among the heirs—the probate process could take years. Unfortunately, if this is the case, selling the car will also take that long.

The Probate Process

Probate is the legal process of settling a deceased person's estate. If the deceased family member did not leave a will or if there are disputes among the heirs, the probate court will oversee the distribution of assets, including the sale of the car. The court will appoint an executor or administrator to handle the estate and ensure that the proceeds from the sale of the car are distributed according to state law.

Step 6: Choose Your Sale Method

Chances are that if you're not planning to keep the car yourself, you'd like to get rid of it as quickly and painlessly as possible. As a first step, head over to the Motorvero sell my car page and find out if the car in question is a good candidate to sell 100% online, or to a local dealer. Just plug the vehicle details into the form, and we will search our entire network of thousands of dealers (in under two minutes). We'll find the highest offer and if you accept it, we'll arrange payment and will have your car picked up and transported to that dealer.

Alternatives to selling your car online include selling it privately, or you could reach out to a dealer yourself (in much the same way as you'd handle a trade-in). See our guide to the Best Ways to Sell Your Car for more information about each option.

Selling the Car Online

Selling the car online can be a convenient and hassle-free option, especially if you're dealing with the emotional stress of losing a loved one. By using a service like Motorvero, you can quickly get offers from a network of dealers and complete the sale without having to handle the logistics of showing the car or negotiating with buyers.

Selling the Car Privately

If you choose to sell the car privately, you'll need to handle all aspects of the sale, including advertising the car, screening potential buyers, and handling the paperwork. While this option may yield a higher sale price, it also requires more time and effort on your part.

Trading in the Car

If you plan to purchase a new car for yourself, you may be able to trade in the deceased family member's car as part of the transaction. This can be a convenient way to dispose of the old car and offset the cost of your new vehicle. However, trade-in values are often lower than what you could get by selling the car privately or online.

Frequently Asked Questions

What if the deceased family member did not leave a will?

If there is no will, the process of selling the car will likely involve going through probate court. The court will determine the rightful heirs and appoint an administrator to handle the estate, including selling the car.

How do I transfer the car title after the owner dies?

To transfer the car title, you'll need to provide the DMV with a copy of the death certificate, a letter of testamentary or administration (if applicable), and the original car title. The specific requirements may vary by state, so be sure to check with your local DMV for detailed instructions.

Can I sell a deceased family member's car if it has an outstanding loan?

Yes, you can sell a car with an outstanding loan, but you'll need to pay off the loan balance before transferring ownership to the new buyer. You can use the proceeds from the sale to pay off the loan, or you may need to come up with the funds from another source.

What if the heirs disagree about selling the car?

If there are disputes among the heirs regarding the sale of the car, the matter may need to be resolved through probate court. The court will consider the wishes of the deceased (if expressed in a will) and the interests of the heirs in determining how to proceed with the sale.

Do I need an attorney to help me sell a deceased family member's car?

While it's not always necessary to hire an attorney, seeking legal advice can be helpful if you're unsure about the process or if there are complex issues involved, such as disputes among heirs or outstanding debts. An attorney can guide you through the legal requirements and help ensure that the sale is handled properly.

Conclusion

Selling a deceased family member's car can be a challenging and emotional process, but by following these steps and seeking guidance when needed, you can navigate the legal requirements and find a buyer for the vehicle. Remember to be thorough, organized, and patient throughout the process, and don't hesitate to seek professional advice if you're unsure about any aspect of the sale.

By understanding the options available for selling the car, such as online sales, private sales, and trade-ins, you can choose the method that best suits your needs and helps you move forward after the loss of your loved one.