Dealing with a loved one’s estate can be a challenging and emotional process.
Among the many responsibilities you might face as an executor, transferring vehicle ownership is a task that often raises questions.
If you’re wondering how to sign over a car title as executor of estate, you’re not alone.
In this guide, we’ll walk you through the process step by step, from the documents you need to sign car title as executor, and what to do after the sale.
Step 1: Gather The Necessary Documents
Before you can sign the car title as executor of estate, you’ll need to get your paperwork in order.
Here’s what you’ll need:
- Death Certificate
- Letters Testamentary or Letters of Administration
- Vehicle Title
- Bill of Sale
First, you need the original death certificate of the deceased. This is your proof that the vehicle owner has passed away and that you have the authority to act on behalf of their estate.
Next, you’ll need to obtain Letters Testamentary or Letters of Administration from the probate court. These documents officially appoint you as the executor of the estate and give you the legal authority to manage its assets, including vehicles.
Also Read: Can Power Of Attorney Sign Checks?
After that, you need the original vehicle title. If you can’t find it, you might need to apply for a duplicate title from your state’s Department of Motor Vehicles
You’ll also need to prepare a bill of sale if you plan to sell the vehicle.
You might want to gather other relevant probate court documents that your state might require. This could include the will (if there is one) or other court orders related to the estate.
Step 2: Verify The Vehicle’s Ownership Status
Before you proceed with transferring the title, you need to verify the vehicle’s ownership status
First, check if there are any liens or outstanding loans on the vehicle.
If there is a lien, you’ll need to reach out to the lienholder. They’ll tell you how much is left to pay off the loan, and once that’s settled, they’ll provide you with a lien release.
Also, make sure the vehicle is actually part of the probate estate.
Sometimes, vehicles are held in joint ownership with rights of survivorship. In these cases, the vehicle would pass directly to the surviving owner without going through probate.
If this is the case, you might be looking at a different process for transferring the title.
Step 3: Sign Car Title As Executor Of Estate
Now we’re getting to the heart of the matter – actually signing the title. This needs to be done in a specific way to show you’re signing as the executor, not as an individual.
On the title, look for the section where the seller signs. Here’s how you should sign it:
“[Deceased’s Name], by [Your Name], Executor of the Estate of [Deceased’s Name]”
Example:
John Webster, Executor, Estate of Kathleen Webster
This format clearly shows that you’re signing in your capacity as the executor.
Also Read: What is a Transfer-on-Death Designation?
Step 4: Notarization
In some states, you’ll need to take an extra step: getting the signature notarized. This is especially common when the transfer involves an estate.
After you’ve signed the title as we discussed, take it to a notary public.
The notary will check your ID, watch you sign, and then put their official seal on the document.
Think of it as adding an extra layer of legal validity to the transfer.
Step 5: Submit To The DMV
Once you’ve signed the title and had it notarized (if required), it’s time to submit the paperwork to your state’s DMV.
Along with the signed and notarized title, you’ll need to provide the death certificate, Letters Testamentary, and any other documents your state requires.
Keep in mind that some states have specific forms for transferring a vehicle from an estate.
So it might be a good idea to check your local DMV’s website or give them a call to make sure you have everything you need.
How To Handle Loans Or Multiple Beneficiaries
Sometimes, things get a bit more complicated.
If the vehicle has an outstanding loan, you’ll need to settle this before you can transfer the title. This might mean using estate funds to pay off the loan, or working with the beneficiaries to take over the loan payments.
And what if there are multiple beneficiaries who are entitled to the vehicle?
In this case, you’ll need to follow the instructions in the will, or work with the beneficiaries to figure out the best path forward.
Also Read: What Makes a Will Invalid?
This could mean selling the vehicle and splitting the proceeds, or having one beneficiary buy out the others’ shares.
What To Do After The Transfer
Once you’ve successfully transferred the title, there are a few more tasks to take care of:
If a beneficiary is keeping the vehicle, they’ll need to register it in their name and possibly get new license plates. If the vehicle is being sold, make sure to give the buyer all the documentation they need to register the vehicle.
And don’t forget about insurance.
If the car is being kept, the new owner will need to get their own insurance. If it’s being sold, cancel the existing policy and ask for any refunds that might be due to the estate.
Wrapping Up
Signing a car title as an executor of estate is a big responsibility.
You need all the documents and you must follow the legal procedures carefully.
Remember, if you ever feel unsure about the process, it’s always a good idea to consult with a probate attorney or your local DMV. They’re there to help guide you through this process.
FAQs
What If There’s No Will?
If the deceased didn’t leave a will, we call this dying “intestate.” In this situation, the estate will go through what’s called intestate succession. The court will appoint an administrator (often a close family member) to handle the estate.
This administrator will have similar responsibilities to an executor and will follow a similar process for transferring the car title.
The main difference is that they’ll use Letters of Administration instead of Letters Testamentary to prove their authority.
How Long Do I Have To Transfer The Title?
The timeframe for transferring a vehicle title after someone’s death varies by state.
Some states want you to complete the transfer within 30 to 60 days after the owner’s death. However, other states may be more flexible, especially if the estate is going through probate.
Disclaimer: This material is intended for general information purposes only and does not constitute legal advice. Responses to inquiries, whether by email, telephone, or other means, do not constitute legal advice, nor do they create or imply the existence of an attorney-client relationship.