How to Get a Car Title Notarized if the Seller is Deceased
A car that is owned solely by the deceased person (decedent) will pass out of the deceased person’s name into their probate estate. Each state has different probate court rules and procedures, which govern the sale of personal property of a deceased person. Check with your state legislature to confirm the process.
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Things You'll Need
- Death certificate
- Certificate of appointment
- Original car title
- Buyer and seller contact information
Instructions
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Determine who is to receive ownership of the car. If the deceased had a will, the new owner is easily determined. If there was no will at the time of death, the car will be transferred to the estate of the decedent.
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Open estate proceedings for the decedent. This process varies from state to state. After providing probate court with the proper documentation, the clerk will open the estate, assign a case number, and provide appointment papers. If a will does not exist, the probate judge will name an executor of the estate. The executor or personal representative is the person who will sign the car title.
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Obtain the original car title. In South Carolina, the Department of Motor Vehicles (DMV) issues any automobile, motorcycle, or mobile home title. It is watermarked to ensure it is an original. The owner should have the original title in his possession, but if there is a lien on the title, then the lien holder may hold the title. If the car is owned free and clear (without any liens), and the original title cannot be located, a duplicate title can be purchased from the DMV.
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Transfer the title. Once the title is in hand, the personal representative will sign the back of the title. Some states require a notary public to acknowledge the seller's signature, and if so, there will be a place for the notary public to sign. The buyers of the car should also sign the back of the title and fill in the ownership information. The new owner information is important since the DMV will generate a new title using that information.
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Tips & Warnings
Rules and procedures vary from state to state. It is important to check with the probate court of your state and county to be accurate.
References
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Comments
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ash98sal
Nov 08, 2010
so how do i get the title on a car that a relative had but whe is deceased .do i continue to pay monthly note and wait till car os paid off then get abandonment title? do i stop payment? what is the next step? -
ash98sal
Nov 08, 2010
what if the person deceased is single and does not own property and still has lean on vehicle? what can be done how is it transferd and should the car be paid off then get an abandoned vehicle title?
