Originated From
AOL Search

Obtain car title of deceased family member to sell?? Do I have to probate before sale?

My father passed away with a will. Part of his estate includes a car but I cannot find the title. How do I legally obtain the title now so the car may be sold. Do I have to wait to probate the will before I may get a title and sell the car?

Liked this question? Tell your friends about it

3 Answers

Order by
Oldest to Newest
Newest to Oldest
Votes

Yes.  The Probate Court must officially declare who the administrator (executor) of the Estate is.  If it is you, you will receive a Letter of Administration, which will allow you to obtain a copy of the title. (Note: If the car was financed but paid off, you may need to obtain a copy of the lien release from the financer before you can sell it)

We, recently, went through this.  It can be a real pain-in-the-butt.Yell 

I'd agree with you, but then we'd both be wrong.

Will I need a Letter of Testamentary to obtain a duplicate of the missing title?

A Letter of Testamentary suggests that your father established a trust before his passing.  If this is so, the named trustee could probably obtain the title using the Letter you speak of.

However, there may be an advantage in using the afore-mentioned Letter of Administration from a Probate Court.  As a bloodline heir, you may not have to pay taxes to transfer the title into your name.  As a trustee, you may be liable.

I don't want to give you bad advice; I'm not an attorney and the rules are different from state to state.  You really should discuss it with a lawyer.

I'd agree with you, but then we'd both be wrong.

Related Questions

Other people asked questions on similar topics, check out the answers they received:

Asked: Who is entitled to a copy of his father's will in ...

Louisiana law of wills and probate

Asked: How to contest letters of emergency temporary ...

how to contest letters of emergency temporary guardianship

Asked: What is the e mail address of uSA travel agency ...

What is the e mail address of uSA travel agency who moved from New Orleans prytania street to Texas

Ask a Question... We'll forward it to people who know

More Questions

How much is the california new car sales tax?‎

Not familiar with Cal sales tax, but you can go to Tradingpost and ask some seller there From Cal, on city you are in.

Help selling a car

Hello Melissa, You can contact Bigcashcar for the concern. They purchase old, used and damaged car and you can earn fast cash for cars . You may contact them by visiting website www.bigcashcar.com or call them on toll free 8668162126.

Craigslist Nashville, used cars for sale by owner

Yeah, so what's your question? Does this look like Craigslist? Do we look like used car salesmen?

How can I obtain financing for a vehicle with an assembled title?

From what I understand an assembled vehicle is made by someone with either new or secondhad materials, and is not the manufacturer. To obtain a title the steps are straightforward. * Titles * Assigned ownership documents * Original bills of sale * All parts such as engine and so on ...