Once a property has gone through or avoided probate, it can be distributed as determined by the will or the local laws. If the car of a deceased person doesn't have anywhere in particular to go, it can be sold by the executor. The person buying it is legally responsible for the title and name transfer, but the executor must supply the right documents so the car can be transferred. Gather the documents before you list the car for sale.
Step 1
Request a letter of testamentary from the probate court confirming that you are the executor of the estate and that you are legally allowed to sell the vehicle. This proves the debts of the estate are taken care of.
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Step 2
Obtain a copy of the death certificate by contacting the Department of Health, Registrar of Vital Statistics or Bureau of Records in your state. The funeral home you used can also help you obtain the records. Put it in a folder to give to the buyer.
Step 3
Put the vehicle title with the recent odometer reading, any repair records and insurance records for the vehicle in the folder.
Step 4
Contact your Department of Motor vehicles for the form you need to transfer the vehicle. It will likely be an Affadavit for Transfer of Title.
Step 5
List the car for sale as usual.
Step 6
Ask the new owner to fill out the affidavit with you. Fill in information about the vehicle, including the VIN and title number. Submit the form and the other documents to the Department of Motor Vehicles along with the required fee.
Tip
Regulations vary from state to state. In some states, you'll have to go to the DMV yourself and transfer the title into your name with the same forms before you can sell it to someone else. California, for example, requires this while Indiana does not.
Warning
Make sure all debts of the estate, including taxes, are paid off before you attempt to sell property.
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