How can we sell our deceased brother’s car?

UPDATED: Nov 11, 2011

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How can we sell our deceased brother’s car?

Our brother died this year and we would like to sell his car. Our parents are also deceaed. He had no living Will and no other estate assets.

Asked on November 11, 2011 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The first thing you need to do is look at how the registration of the car is held. If the registration is solely in his name, then you have to file a petition with the court to administer a small estate without a Will.

In this process the court will be asked to issue an order transferring legal title to the vehicle into the name of the closest relative per code. Once done, that person can then take the certfied copy of the order to the department of motor vehicles in your state to transfer the car's registration into that person's name.

There are typically online forms for all states to do this. If the registration of the car is in the name of your deceased brother and another person who is alive, the person who is alive then goes to the department of motor vehicles to transfer title into his or her name.

Good luck.

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