How do I sell my dead sister’s car ?

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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 12 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.


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