How do I sell my dead sister’s car ?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I sell my dead sister’s car ?

She left nn Will that I can find. Her car is worth maybe $500. I am her only living family member (brother) and need to get rid of the car. What should I do about it?

Asked on October 4, 2011 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The car doesn't appear to be worth that much.  If there are no other major assets, then trying to probate her estate is not going to be very cost effective.  A more cost effective solution is to file an affidavit of heirship with the county clerk where she died.  The affidavit essentially declares that you (or you and someone else) are the only last living relatives and outlines the status of the estate (assets, debts, bills, etc.).  Many county clerks will provide the form.  If they don't provide one, or if you are nervous about completing it yourself, you should be able to hire a lawyer to prepare one for a small fee.  It's not an extensively complicated affidavit (especially compared to the probate process.)  After you have completed the affidavit, you'll need to have it notarized.  It will be defective without the notarization.  Once notarized, file the affidavit with the district clerk.  You should take a couple of copies of the affidavit with you and ask the clerk to "certify" your copies.  After you file the affidavit, the file will be forwarded to a probate judge.  If the judge approves your affidavit, the judge will issue an order awarding or transferring all of your sister's property to you.  From there, you can start taking steps to dispose of the car like you would if it had been your car originally.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption