How can I transfer a car if my mother died and didn’t sign the title?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I transfer a car if my mother died and didn’t sign the title?

My mother passed away and had her car paid off. My sister is taking the car as we have the title. How can she transfer the title to her name? There was no Trust or Will. All accounts of her’s were POD.

Asked on May 3, 2011 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  It seems that your Mother planned everything well but just forgot the car!  The only one that can transfer the title to the car is the fiduciary of your Mother's estate.  That is the Administrator here since there is not Will (it would be the executor if there were a Will).  Now, if your Mother's estate only contained the car then it qualifies as a small estate and most states have an expedited process for small estates.  Some states even allow for a Affidavit to be submitted rather than any form of a probate petition. So I would go down to the probate court i the county in which your Mother resided at the time of her death and speak with the clerk about what you will need.  They can not give legal advice but they are generally very helpful.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption