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: Probate

How do you find out if a will has gone through probate in the state of ma?

Asked: Must my home be sold?

Our house is part of my late husband's probated estate. Only his name is on the deed. There is no mortgage and no will. i am the administrator of and the only heir to his estate. Do i have to sell the ...

More Questions

How to sell a house Fallbrook?

Here you can know more about How to sell a house Fallbrook

Need advice how to handle meddling family members

I recommend that you defenestrate them. 1. Find a window about two stories up. 2. Dig an appropriately deep cesspool beneath the window. 3. Drag the offending person upstairs by the lips. 4. Tell them what they did wrong. 5. Heave them out the window. Most of the time, meddlesome family ...

How to sell a house Oceanside?

Here you can know more about How to sell a house Oceanside