Yes, you can often sell a deceased person's car without going through a full probate process, but it depends entirely on the value of the car and the total value of the deceased's assets. The key factor is whether the estate qualifies as a small estate under your state's laws. If the total value of the assets that require probate (those not jointly owned or with a named beneficiary) falls below a specific threshold, you can use a simpler, faster alternative to probate.
The most common method is through a Small Estate Affidavit. This is a sworn legal document you present to the DMV to transfer the title. To use it, you typically must be the rightful heir (like a spouse or child), there should be no will requiring formal probate, and the total estate value must be under your state's limit. You'll need the death certificate, the car's title, and the completed affidavit. The DMV will then issue a new title in your name, allowing you to sell the car.
If the car was jointly owned with right of survivorship, the process is straightforward. The surviving owner automatically becomes the sole owner upon death. You would just need to submit the death certificate and the title to the DMV to remove the deceased owner's name before selling.
If the deceased person named a transfer-on-death (TOD) beneficiary for the vehicle, the car transfers directly to that person without probate. This is a specific designation on the title itself, similar to a payable-on-death bank account.
It is crucial to check your specific state's laws, as the small estate limits and required paperwork vary significantly. Acting without proper authority can lead to legal complications. The table below outlines the small estate thresholds for a selection of states to illustrate the variation.
| State | Small Estate Threshold (Approximate) | Common Document Used |
|---|
| California | $184,500 | Affidavit for Transfer of Personal Property |
| Texas | $75,000 | Small Estate Affidavit |
| Florida | No limit if passing to a spouse | Summary Administration may be an option |
| New York | $50,000 | Small Estate Affidavit |
| Illinois | $100,000 | Small Estate Affidavit |
| Ohio | $45,000 | Small Estate Affidavit |
| Pennsylvania | $50,000 | Small Estate Affidavit |
| Michigan | $27,000 (for a homestead) / $5,000 (other) | Small Estate Affidavit |
| Arizona | $100,000 | Affidavit for Transfer of Personal Property |
| Georgia | $25,000 | Petition for Year's Support |
