What to do if my son died without a Will but had debt?.

UPDATED: Aug 1, 2013

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What to do if my son died without a Will but had debt?.

He had a car on which I was the co-signer; I am listed with him on the title. I am trying to remove his name from the title. I plan to continue making the rest of the payments on the car. At the time of his death he had made 6 payments on the car, with 4.5 years remaining on the loan. What is necessary to remove his name from the title? I am told that I need an affidavit of heirship for a motor vehicle? After reading the form, I am confused about what I am testifying to; does that form merely state that he has no Will or am I also stating that a court has determined that administration is not necessary? His father is living, so does he also need to sign this form?

Asked on August 1, 2013 under Estate Planning, Texas


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The form is generally used as an alternative to probate meaning that yes, you are stating that he has no Will AND that you have not filed an administration, which is probating an estate where a person dies without a WIll or "intestate."  If you are listed as an owner jointly on the title then the car passes to you automatically but if you are told you need an affidavit of heirship maybe you are not listed jointly as owner. Both of you as his parents are listed in the Affidavit but understand that most courts require the affidavit to be filed but someone who is a close family member but NOT a potential beneficiary.  Close relative or Friend usually.  Double check with the Probate Court clerk.  They can not give  "legal" advice but they often guide you.  Good luck.

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