June 9, 2015. Occasionally, a deceased person will leave minimal property. Perhaps a small bank account – and a car. And that’s about it.
I have already discussed the possibilities with regard to the small bank account. You can read that post here. What about the vehicle?
If certain conditions are met, one may be able to transfer the title to the vehicle without going through any procedure in Probate Court. There is an official form which you can download from this site, valid as of the date of this post. I will post the link shortly.
Note that this process requires an affidavit – a document under oath – which states many facts. The operative facts in the form are:
“…who at the time of his or her death was the owner of the motor vehicle described below, left no will; no application for the administration of the estate of the deceased is to be had; the estate is not indebted; and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate that the certificate of title for said vehicle be issued to the person named below.” (Emphasis Supplied) (I will have another post soon about what “heirs” are.)
I have underlined certain parts of the above language because all of those facts must be present. Note also that a copy of any will not probated must be attached (see the bottom of the form.) Other documents must be attached also.
Please note also that if a person leaves a will, but it is not going to be probated, it still must be filed with the Probate Court in the county of residence of the deceased. A petition to probate the will is not required; however, the will must be filed. Note also that a will does not have any effect whatsoever until it is probated, that is, admitted to probate by the Probate Judge after a proper petition to probate is filed.