If someone dies without a Will and left 2 cars titled in their name, how can their heirs sell the cars?

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If someone dies without a Will and left 2 cars titled in their name, how can their heirs sell the cars?

I have a friend 22; she has 2 siblings 16 and 20. Her father died almost 6 months ago and had no spouse.

Asked on February 26, 2013 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Call the Department of Motor Vehicles and ask this question.  Title to the cars has to be transferred before they can be sold.  In Florida, title to the cars can be transferred to the "heirs at law" (the people who inherit if there is no will - state law says who this is) at the DMV without an estate.  I suspect that North Carolina is similar or the same.  The problem your friend will face is that the 3 siblings probably have equal right to the cars and one of them is a minor.  Minors must be represented by some kind of guardian or custodian and this could complicate the matter.  However, call the DMV and see if there is a simple solution.


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