When someone dies without a Will, what happens to their car?

A man dies leaving no Will. His only surviving family are 3 sisters. He had a car that was paid for (nothing owed on it). How do they get title/ownership to that car?

Asked on October 16, 2011 under Estate Planning, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing that needs to be ascertained about the car that belonged to a person who died without a Will is to see whose name it was registered in with that state of registration's department of motor vehicles.

If the registered ownership was in the deceased person's name the way to transfer ownership is through a court order through the probate court which results from the filing of a petition to administer the estate of this person through Florida's intestacy laws by an interested person.

An intestacy proceeding is when a person passes away without a Will but has assets. In an intestacy proceeding a given state has statutes that dictate how a person's assets are transferred through the nearest line of relationship to the deceased person. The court then makes an order as to which most directly related person to the deceased person get what assets that are set forth in the court filings.

Good question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.