If my mother dies without a Will, how do we transfer title to her car?

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If my mother dies without a Will, how do we transfer title to her car?

She does not have any property, except an automobile which has not been paid off. Will her children be able to sell the vehicle to pay off the loan?

Asked on August 23, 2014 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The state of Virginia allows for small estate probate with out the need for going to court.  The law was amended in 2010. The 2010 amendments defined a “small asset” as any asset, other than real estate, belonging to the decedent and valued at no more than $50,000. The heirs or beneficiaries must sign an affidavit identifying themselves and their relationship to the decedent. The affidavit can identify a “designated successor” to receive the asset from a bank or brokerage firm, for example, on behalf of the other heirs. If the small asset is worth $15,000 or less, no affidavit is required, as long as a few conditions are met. Here is a link to the statute.  Good luck.

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.2-601


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