Probate is the legal process of distributing a person's assets after they die. If your father died without a will, the probate court will appoint an administrator to manage his estate. The administrator will be responsible for selling the car and distributing the proceeds to your father's heirs.
If your father had a will, the person named as the executor will be responsible for selling the car. The executor will also be responsible for distributing the proceeds to your father's beneficiaries.
Here are the steps you need to take to sell your deceased father's car if his name is not on the title:
1. Determine if probate is necessary.
- If your father's estate is small and there are no disputes over the property, you may be able to avoid probate.
- Check the laws in your state to see if there is a small estate affidavit or summary administration procedure that you can use.
2. File a petition for probate (if necessary).
- If you need to go through probate, you must file a petition with the probate court in the county where your father lived when he died.
- The petition must include information about the estate, including the value of the car.
3. Get the car appraised.
- The probate court will appoint an appraiser to value the car.
4. Sell the car.
- You may sell the car privately or through a dealership.
- If you sell the car privately, you will need to transfer the title to the buyer.
- If you sell the car through a dealership, the dealership will handle the transfer of the title.
5. Distribute the proceeds.
- The proceeds from the sale of the car will be distributed to your father's heirs according to the terms of his will or intestate succession laws.
Note: The laws governing the sale of a deceased person's car vary from state to state. It is advisable to consult an estate planning attorney to ensure you are following the correct procedures.
