Losing a parent is an emotional and overwhelming experience, and dealing with their estate can add another layer of stress. One of the common questions people ask is whether they can sell their parents’ car before probate is granted.
The short answer is yes — you do not need to wait until getting a Grant of Probate. There are however some things to consider before selling or transferring ownership.
Who Legally Owns the Car After Someone Dies?
When someone passes away, their property— including their car—forms part of their estate. Even if you have access to the vehicle, possession does not equal ownership. Legal ownership transfers to the executor (if there is a will) from the date of death. If there is no Will then legal ownership transfers to the administrator, but only once letters of administration are granted. Until then, the car is technically in limbo and must be protected, not sold.
Can You Sell a Car Before Probate?
DVLA will normally require a death certificate and proof of executorship or administration before updating the registered keeper details. You will need to carefully check the Will to ensure that the car is not gifted specifically. If it is then you must transfer ownership to that named person. If the car forms part of the residuary estate then you can sell the property and the proceeds will be divided between the beneficiaries as described in the Will.
You should always exercise caution and ensure you have checked the Will carefully. Selling or giving away the vehicle too early can:
- Breach your legal duties as an executor or administrator
- Cause disputes among beneficiaries
- Risk being treated as “intermeddling” with the estate
In serious cases, it may even expose you to personal liability.
Can you keep the car?
If you are the executor and sole beneficiary of the estate then you may decide to keep the car yourself. If you decide to keep the car, you’ll need to contact the DVLA to tell them the current owner has died – and include the driving licence with a letter detailing your relationship to the deceased, the date they died and their name, address and date of birth. If you intend to keep the car you must tell DVLA that you’re the new keeper of the vehicle.
Should You Move or Insure the Car Before Probate?
Yes—one of the executor’s duties is to protect the estate’s assets. You may need to:
- Move the car to a secure location
- Ensure it remains insured (or arrange temporary insurance)
- SORN the vehicle if it won’t be driven
What about if there is outstanding finance?
If there is outstanding finance on the car, you might be able to take over payments if you want to keep the car by contacting the finance company. If you want to get rid of it, then you may not have to go through the process of selling it as the vehicle still belongs to the finance company. In this instance, the car will be taken off you and often sold at auction to cover the outstanding loan. Any shortfall will need to be covered – normally by the deceased’s estate. Depending on the contract, you may be able to hand the car back without paying any fees. You may also be able to sell the car and have the purchaser (such as WeBuyAnyCar) pay off the finance for you.
Conclusion
In most cases, you are able to sell or transfer your parents’ car before probate. If there is no Will then administrators should wait until letters of administration are granted. Careful consideration of the Will needs to be undertaken and consultation with the beneficiaries is also advised as they may wish to keep the car as part of their entitlement rather than have it sold.
We Can Help
If you need help handling a loved one’s estate or understanding your responsibilities, professional guidance can make the process much easier.
Discussions about estate administration can be emotionally charged and complex. Our private client specialists can help you through this process.
If you would like advice on probate or estate administration, contact us to discuss your next steps.
