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How can I obtain a copy of my deceased sister's car title and change it to my name?

How can I obtain a copy of my deceased sister's car title and change it to my name?

Full question:

My sister, passed away on Sep 26, 2007 in Hayward, Cal. She was the owner of a 1989 Honda Prelude. After a thorough search of her residence, I was unable to locate the automobile title for the car. I have two questions; how do I get a dupicate title and what do I have to do to get the tile transferred to my name. I am the sole heir to her estate.

Category: Wills and Estates
Date: 04/07/2025
State: Kansas

Answer:

Legal heirs may apply for a Decedent’s Title, TR-83a, or use the Claim of Heir Affidavit, TR-83b, by completing either of the forms and taking the completed form, the Lien Holder Consent to Transfer, form TR-128 and a copy of the current registration or verification to their local county treasurer’s motor vehicle office. The executors or administrators of estates may apply for an original title using the same process. A title fee will apply, along with any other appropriate fees or taxes.

If the lien has been paid off, use the assignment portion of the Lien Holder Consent to Transfer form, TR-128, attach the lien release in lieu of the lien holder’s portion of the consent and go to your local county treasurer’s motor vehicle office and make application for title. The executors or administrators of estates, per the probated will, may apply for an original title through the same process.

Please see the information and forms at the following links:

http://definitions.uslegal.com/p/probate/

http://definitions.uslegal.com/s/small-estates/

http://lawdigest.uslegal.com/wills-and-estates/small-estates/1907/

http://www.uslegalforms.com/ks/KS-ET20.htm

http://www.ksrevenue.org/pdf/forms/tr83.pdf

http://www.ksrevenue.org/pdf/forms/tr83b.pdf

http://www.ksrevenue.org/pdf/forms/tr128.pdf

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the best way to transfer a car title to a family member?

To transfer a car title to a family member, you typically need to complete the title transfer section on the back of the title. If the owner is deceased, the heir must provide proof of their relationship, such as a death certificate and a will or affidavit of heirship. The completed forms should be submitted to the local Department of Motor Vehicles (DMV) along with any required fees. In California, heirs can use forms like the TR-83a or TR-83b to facilitate this process.

How do you find out what assets a deceased person has?

To find out what assets a deceased person has, you can start by reviewing their will, if available. Check with the probate court, as they may have filed the will there. Additionally, look for bank statements, property deeds, and insurance policies. You can also contact financial institutions and check with local tax assessors for property records. If needed, a probate attorney can assist in identifying and valuing the estate's assets.

How do you transfer ownership of a car after death in California?

In California, to transfer ownership of a car after death, the heir must complete the title transfer process. This includes submitting the deceased's title, a death certificate, and proof of heirship, such as a will or an affidavit. If there is no title, a duplicate title can be requested using form TR-83a or TR-83b. The completed forms and any applicable fees should be submitted to the local DMV.

Does a car get paid off if the owner dies?

If the owner of a car dies and there is an outstanding loan, the debt does not automatically get paid off. The responsibility to pay the loan typically falls to the estate of the deceased. If the estate has sufficient assets, the loan can be settled from those. Otherwise, the lender may seek payment from co-signers or pursue the estate through probate. It's advisable to consult with a probate attorney for guidance on managing such debts.

How long can you drive a deceased person's car?

You can drive a deceased person's car for a limited time while you handle the estate. However, it is advisable to avoid using the vehicle for an extended period. Ensure that the vehicle is insured and that you have the legal right to use it, as ownership needs to be transferred to you or another heir. Check with local laws and the DMV for any specific regulations regarding the use of a deceased person's vehicle.

How to transfer a car title when owner is deceased in California?

To transfer a car title when the owner is deceased in California, the heir must gather necessary documents, including the death certificate and proof of heirship. If the title is available, complete the transfer section on the back. If not, request a duplicate title using form TR-83a or TR-83b. Submit these documents, along with any applicable fees, to the local DMV to complete the transfer process.