Widowed woman selling deceased husbands financed vehicle.

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Widowed woman selling deceased husbands financed vehicle.

My grandfather passed a couple of months ago and he had a truck financed in his name only. My grandmother is looking to sell the truck without probate, she first has to pay it off. She is trying to avoid all the legal fees when it comes to probate and just get rid of it. How should she go about it? Should she pay it off first and get the title then tell the bank or should she go to the bank and try to get the title in her name? She will be selling it private party.

Asked on September 14, 2019 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

She can transfer title to the vehicle to her name with a form called an "affidavit of heirship to transfer a motor vehicle."  She can go down the the DMV (same place she would transfer any other vehicle sale), and they can give her the form and go over with her how to fill it out.  It's roughly a one page form.  
In order to do this type of transfer, however, she will need to pay off the lien agains the vehicle.
This is a very effective way to avoid an expensive probate.


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