Transferring Title to a Vehicle Without Succession
Question: A family member died and only owned a car. Do I have to open a succession in order to transfer the title of the vehicle to my name so I can sell it?
In addition to the Affidavit of Heirship, the DMV will also require a copy of the Last Will and Testament and the certificate of title. A copy of the Affidavit of Heirship can be downloaded here.
If there is only one surviving heir and he/she wishes to title the vehicle in his/her name, only the Affidavit of Heirship and supporting documents needs to be filed.
If one of the heirs is a surviving spouse and he/she wishes to transfer the vehicle to a new owner, the Affidavit of Heirship must be completed by the surviving spouse as well as all other heirs, but only the surviving spouse is required to sign the a notarized bill of sale or act of donation. If there is no surviving spouse and the sale or donation is to a new owner, a bill of sale or act of donation must be signed by all heirs.
This procedure is useful when the only property owned by the decedent was a vehicle. It also however can be used as part of a regular succession in order to transfer the vehicle into a designated person’s name for purposes of maintaining insurance on the vehicle while the succession is ongoing.
The Scott Law Office
Brad P. Scott - Attorney
www.LouisianaSuccessionAttorney.com
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