Selling a deceased person’s car can be hard, but we’re here to help you through this challenging time.
There are several legal steps you will need to go through before you can settle a deceased person’s financial affairs, which may include selling a car on probate.
Before you start, you will need a death certificate, and you will need to retain the document to complete the probate car sale.
If the deceased person has left behind a Last Will and Testament, they will have named an executor – and that individual will be responsible for handling all matters relating to their estate.
As soon as the named executor has original copies of the deceased’s death certificate and Last Will and Testament – then they can apply for probate. If the deceased has died without leaving a Last Will and Testament, the application process is essentially the same, but instead, you’ll have to apply for ‘Letters of Administration’ rather than a ‘Grant of Probate’.
Once the chosen executor of the estate has the death certificate, the Last Will and Testament and Grant of Probate (or death certificate and Letters of Administration, if there was no Last Will and Testament), they can then officially notify the banks and the utility and insurance companies of the deceased person about their death.
When someone close to you passes away, it can be a very difficult time and there may be a lengthy period of mourning before you feel able to settle the deceased individual’s financial affairs. However, when you are ready, it is worthwhile getting an insight into the legal implications.
Commonly, one of the assets you will need to consider is the car owned by the deceased person. You’ll need to wait until probate has been granted before you are legally entitled to transfer the car’s ownership in order to sell it.
Selling a car on probate with Motorway is quick and simple to do on our app or website.
Create a vehicle profile and more than 5,000 verified dealers from across the UK will compete to give you their best price to buy your car.
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When someone dies, their affairs need to be officially wound up and processed by the state. This means in effect, that any outstanding debts they may have need to be paid off and that their estate (if they have any) needs to be distributed to those individuals that are entitled to inherit.
This process is called ‘probate’ – and it is undertaken by those people named as executors in the deceased’s Last Will and Testament (if they have one). If there is no Last Will and Testament the executor role will be determined by inheritance laws instead. In this instance, the executor role is instead referred to as a ‘personal representative.’
As part of the probate process, an executor or personal representative will need to calculate whether any Inheritance Tax is due – and, if so, how much. They will also be responsible for reporting this to HM Revenue & Customs (HMRC) and settling the bill.
The executor or personal representative also need to value the deceased’s estate – which means everything they owned before they died. Including their car, if they had one.
Yes, you can – but only if you are the deceased’s named executor or official personal representative.
Legally speaking, there are two types of property covered by probate – fixtures and chattels. ‘Fixtures’ will be parts of the deceased’s estate that are immobile – such as fixed kitchen fittings, radiators, built-in cupboards and floor coverings. Whereas ‘chattels’ refer to any property types that are movable between locations, such as white goods, furniture, and cars.
As a ‘chattel’, executors or personal representatives do not have to wait until a Grant of Probate or Letters of Administration have been issued in order to transfer the car to another owner – or to sell it.
If you have been made executor or personal representative for a deceased person’s estate and wish to sell their car, you will need to produce the death certificate and legal proof of your entitlement to sell the car on behalf of their estate. This will typically be a copy of the deceased’s Last Will and Testament naming you as executor or a solicitor’s letter showing your entitlement to deal with the proceeds of the estate.
However, it can get complicated. If the deceased has named more than one executor in their Last Will and Testament, all named executors – with all the required personal proofs of identification – need to be present when arranging the car’s sale.
Valuing a car for probate involves assessing the vehicle’s market value at the date of the owner’s passing. A diversity of factors play into estimating the price of used cars in the UK, including make, model, mileage, condition, special features or modifications, and your location, as well as overarching market trends. Motorway’s Car Value Tracker tool provides a real-time, instant valuation for up to six vehicles at once, based on live and historical used car sales data pulled from across the UK.
Remember, before selling or transferring a car or van inherited by a dead person, you’ll need to legally prove that you have the right to do so. If you are selling a deceased person’s car on Motorway, simply let us know when you are listing the vehicle. You’ll also need to upload a copy of the owner’s death certificate. We’re always available to support executors or personal representatives throughout this process.
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