How do I sell a dead person's car in California?
July 23, 2010 11:10 AM Subscribe
My sister died without a will in California, her estate is going through probate, and I am (will be) the executor. How do I sell her car? My lawyer and the DMV are telling me different things.
posted by pizzazz to Law & Government (7 answers total) 1 user marked this as a favorite
Option 1: My lawyer says to just sign the title to release interest in the vehicle, even though my name is not on the title. He says I can do this because I am (will be) the deceased owner's personal representative. Then sell the the car and give the new owner this signed title.
Option 2: The DMV says I need to transfer the car to myself first, using the "affadavit for transfer without probate". I told them that I need to transfer *with* probate, but they told me to fill out the form anyway. Filling out the form would require me to explicitly lie. I was given the same advice three different times when I called the DMV to try to clarify.
Who's right, my lawyer, the DMV, or neither? Has anybody out there had to do this? I want to do this correctly, so as not to screw over the person I sell the car to.