Is there an easy way to dispose of a decedent’s car?
Yes! There are two options in Massachusetts. Which option to use depends on whether or not you are the surviving spouse.
If you are the surviving spouse, you do not need to go through the probate court—it is very easy to transfer ownership to yourself.
To keep the motor vehicle as the surviving spouse, you need to provide the following documents to the Registry of Motor Vehicles:
- Application for Registration and Title (can be found at mass.gov) completed and signed by you as the new owner and stamped by your insurance company,
- A copy of the death certificate,
- An Affidavit of Surviving Spouse (can be found at mass.gov), and
- The previous Certificate of Title issued to the deceased spouse.
Bonus: the RMV will not charge you a fee.
If you are the surviving spouse and you want to sell the car to someone else, then you need to provide the following documents to the RMV:
- An Application for Registration and Title (can be found at mass.gov) completed and signed by the buyer and stamped by their insurance company,
- A copy of the death certificate,
- An Affidavit of Surviving Spouse (can be found at mass.gov),
- Decedent’s Certificate of Title signed by the surviving spouse, and
- The transfer fee (to be paid by the seller).
On the other hand, if you are not the surviving spouse, you will need to take the car through the probate court process.
In Massachusetts, we have three types of probate: voluntary, informal, and formal. Probate assets are those held in a person’s name alone (no trust, no beneficiary, etc.). If someone dies with probate assets of $25,000 or less, plus a car, then you only need to bring a “voluntary” probate. A voluntary is very easy. You can do this yourself, with no lawyer involvement. But if the probate assets, including the car, exceed $25,000, then you will need to hire a lawyer to help you with either informal or formal probate (she will tell you which one applies to your case).
Bottom line? If you are a surviving spouse, Massachusetts makes it easy to take ownership of the car or sell it. If you are not the surviving spouse, and if the probate estate is small, you can bring a voluntary probate yourself and receive court authority to sell the car. If the probate estate is more than $25,000, you will need to enlist an attorney, and they will obtain the authority for you to sell the car.
About the Author: Alexis Levitt practices elder law, special needs planning, estate planning, and veteran’s benefits. She sits on the board of the Massachusetts chapter of the National Academy of Elder Law Attorneys and represents it on the Massachusetts Coalition for Serious Illness Care. Alexis also sat on the board of the Norwell Council on Aging. Her office is in Norwell. You can reach her at (781) 740-7269 or visit her website and blog for more information at www.alexislevitt.com.
