How to obtain a car title regarding my deceased motherif there was no Will or anything that listed me as the executor?

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How to obtain a car title regarding my deceased motherif there was no Will or anything that listed me as the executor?

Mother had financed car from bank but bank will not release title to me. It has sent me a lien release for the car. DMV will not create a duplicate title without a Will or something stating that I am executor and I have none of these things. I am her only son and she was not married. What are the steps I need to take to obtain the title for this vehicle?

Asked on January 23, 2012 under Estate Planning, Colorado

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Even though your Mom died with out a Will - called "intestate" -  you can still fileinprobate court to start a probate proceeding to be appointed as the personal representaative of her estate. In New York it is called an Administration. Now, each state also has a Small Estate proceeding which sounds like what you need here.  You need to file in the county in which she resided at the time of her death. You may also need an Affidavit of Heirship from someone who knows you and knows you are the only child.  The clerks are generally very helpful although they  can not give you legal advice.  Good luck.


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