Do I Need to Surrender a Car Loaned to Me By a Deceased if the Estate Hasn't Been Probated?

Full question:

My father died and in his will he assigned my brother as his executor, but he has not probated the will nor has he been assign as an executor to the estate, by father loan me his car because my broke down driving him back an forth to houston for his chemo treatments. I live in Pleasanton Texas and he loan me the car. I took car of him since the other sibling did not want to take care of him. He died in August and since then I have gone back to work, but I have not been able to save up the money for a down payment for a vehicle and the money he left me and my brother (who we happen to be from a different marriage) are having a hard time trying to withdrawal the dividends because he us our Spanish names instead of our brith certificate names. Since he has not probated the will and the court has not assign him as executor yet do I have to surrender the car. I do not want the car because it only sit 4 people, and with kids and everything I need a bigger vehicle. This vehicle provides my transportion to taking my children to school and going to the store and running to doctor appointment, since i do have a child that has ADD/HDA. i need help!!

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Texas

Answer:

The answer will depend on all the facts involved, such as whether there is a creditor trying to repossess the car, whether another owner is named on the title, and who the car is left to in the will. Generally, the ownership of the car and any car payments due to creditors should be settled in the probate of the estate. However, if there is another owner named on the title as a joint owner with right of survivorship, they are entitled to the car upon the death of the other owner.

In Texas, where the value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000, a small estate may be administered by a small estate affidavit. After the affidavit has been approved by the court, the affidavit may be used to collect debts owed to the decedent.

The affidavit is filed with the clerk of the court in the county where the deceased resided. It lists certain information required by statutes, such as all of the known assets and liabilities of the estate, the names and addresses of the distributees, and the relevant family history or other facts concerning heirship that show the distributees' rights to receive the money or property of the estate. Please see the information at the link below for statutes and specific requirements. A link to an heirship affidavit has also been provided.