How do we transfer title to a vehicle that is in the name of a deceased person?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do we transfer title to a vehicle that is in the name of a deceased person?

My mom died with no Will. She had 2 small bank accounts, 2 savings bonds and a vehicle solely in her name. My sister and I went to the office of Wills and was told that because her assets were under $10,000 we did not have to go through the estate process. She had a few checks in her name, which I sent back to the companies, because without an estate we could not open an account for the checks. The vehicle which is in her name, our cousin has it because when our mother was alive she signed for the vehicle. My cousin paid it off but when the title came she never took my mom to transfer the title. How do we deal with this, and are we to pay inheritance tax on the vehicle? How do we get it back her?

Asked on May 15, 2015 under Estate Planning, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  First, it is unclear if your cousin is also on the title.  If she is as a joint owner look here at this site:

http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-vehtrans.pdf

And this form is required:

http://www.dmv.state.pa.us/pdotforms/mv_forms/mv-39.pdf

HOWEVER: if the estate qualifies for a small estate procedure then you do not need that form, but you need something called a SHort Form Certificate from the registrar of Wills attached to the title to transfer it.  See paragraph two under "General Information."  Good luck.  


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