Selling deceased person's vehicle

ShaneOCal

Hi there.

Our father passed away recently. So far it looks as if he has passed without a will. He had no spouse or partner and going by the law of possession, my sister and I will inherit his estate. 

That includes whatever was in his bank account and a pension, but would it also apply to his car?

We are the administrators of his estate technically and would that be enough to transfer ownership of the vehicle into one of our own names, for the purpose of selling it?

I realise it's a broad question so no worries if nobody knows.

Cheers.

Bigus

A dealer or Usedcarbuyer or auction can buy the car directly , without adding an extra name to the VLC .

mosii

Hi Sorry for your loss. My experience is send away the change of ownership form , if you have it, sign the form with your name saying you are the exector ,also sign the new owner section .I done this and the ownership form/Vehicle Registration form, came back with it in my name. I rang before i done this ,and they said it was no problem ,they didnt check.

MIKEKC

https://www.boards.ie/discussion/comment/119978049#Comment_119978049

How can be be the executor of there was no will?

ShaneOCal

https://www.boards.ie/discussion/comment/119978045#Comment_119978045

So in theory we could bypass all the red tape by selling to a dealership in essence?

User1998

Sorry for your loss, when selling the car, just write his name in the ‘seller/owner’ section. Obviously it should be him signing it but it makes no difference

https://www.boards.ie/discussion/comment/119978144#Comment_119978144

At a serious discount I’d say ?

DaveyDave

My mam passed away earlier in the year and didn't have a will. I traded the car in no bother, just had the log book, keys and that was it. Didn't transfer it to myself or anything.

If you don't have the log book I think it gets a bit complicated.

Buffman

OP, sorry for your loss. There is no need to transfer it into your name even for a private sale. Whoever is appointed the 'administrator' by the Probate Registrar can include a letter with the VRC.

https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/buying_or_selling_a_vehicle/change_of_ownership.html

"Current owner deceased

If you buy a vehicle and the current owner (seller) is deceased, a letter from the executor of the deceased's will, or the solicitor dealing with the will, indicating your right to the vehicle should go with the Vehicle Registration Certificate (VRC). Where the VRC is not available or cannot be produced, an administrative process allows the acceptance of a declaration of ownership change in the form of a statutory declaration sworn before a Commissioner for Oaths or a practicing solicitor. The statutory declaration form, which is available from the Driver and Vehicle Computer Services Division, should go with the letter from the executor of the will or the solicitor mentioned above."

Also, if you're unfamiliar with the overall process you may find the below links helpful. 👍️

https://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

https://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

monseiur

Assuming that you and your sister are agreeable to it - do the following : advertise car for sale, sold as seen, say on Done Deal or similar at current market price or €500 less depending on valve of car. You may inform prospective buyers that it was your later fathers car and that it now surplus to your requirements and leave it at that. Once deal is completed with buyer, preferable paid in cash, get buyer to complete his details on 'log book' but don't under any circumstances hand over the log book. Then you fill in your section using owners name and sign. Post log book directly to relevant office in Shannon - Job done You can divide the proceeds of sale as per terms agreed prior to selling.

User1998

https://www.boards.ie/discussion/comment/120003564#Comment_120003564

Although the above is correct, you could just write his name in the seller/owner section and let the buyer fill out their details as normal

alias no.9

First of all, sorry for your loss.

Given it is you and your sister only as immediate family with no will, as long as you are in agreement, you can sell it no problem once you've applied for what is called a Letter of Administration which gives you the same standing as a named executor to sell the car. Since you've mentioned that you and your sister are administrators rather than executors, you've probably got the Letter of Administration process in hand.

My brother in law was an executor for his mothers estate and had no difficulty in selling her car without changing it into his name.

kaizersoze

I recently bought a car from a gentleman whose wife was deceased.

He just signed her name on it and we sent it off. I received it back in my name a week later. No problem.

It really doesn't make any difference as long as you have the VLC.