How doI get a bank to sign over title to my deceased father’s car to me?

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How doI get a bank to sign over title to my deceased father’s car to me?

I took over payments on my father’s car at his death. The bank says they will release title once probate is settled. What do i have to do?

Asked on September 7, 2010 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your loss.  How you have to proceed here depends if your Father had a Will or he died "intestate" without a will and how large an estate your Father had.  If we are just talking about the car then it would be a small estate and California, like all other states, has a proceeding for small estates.  If there is no Will and you are the only beneficiary, some courts allow you to submit Small Estate Affidavits for property distribution.  All proceedings are begun in the probate courts in the county in which your Father resided at the time of his death.  I would go and speak with the clerk in the court who, although he or she can not give you legal advice, can guide you in the right direction and let you know if someone needs to be appointed as personal representative. Good luck. 


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