Losing a loved one is very painful. Please accept my condolence. It’s not easy. The thought of not seeing that person again makes it more painful.
However, when you lose a loved one and the person leaves a car in his assets, can you drive it? How long can you drive the deceased person’s car?
You can drive a deceased person’s car for 30 days after his/her passing. However, it’s against the law to continue to drive the car after 30 days of his/her passing without settling the estate and transferring the ownership to your name.
How Long Can You Drive a Deceased Person’s Car?
You have just 30 days to drive a deceased person’s car after which it becomes illegal.
If after 30 days the deceased passed and you continued to drive the car without settling the estate and transferring the ownership to your name, driving the car becomes illegal.
First of all, when a person dies, their property, including vehicles, becomes part of their estate; until the estate is settled and ownership of the vehicle is officially transferred, the vehicle remains legally owned by the deceased person’s estate, and can only be driven for 30 days of his/her passing.
The estate will have an executor or administrator who will be responsible for managing and distributing the deceased’s assets.
If the deceased had a will, it would specify who inherits their assets, including the car. But if the deceased did not leave a will, the car is distributed according to state intestacy laws.
For example, if John’s will states that his daughter Mary should inherit his car, the executor will ensure this transfer takes place after all legal procedures are followed.
This is when the probate process comes into play. The probate is a legal process through which a deceased person’s will is validated, their debts and taxes are paid, and their assets are distributed to the rightful beneficiaries.
The process ensures that the deceased’s estate is settled according to legal standards. It begins when the executor named in the deceased’s will files a petition with the probate court to open probate.
If there is no will, a family member or interested party can petition the court to be appointed as the administrator of the estate.
Once the will is validated by the court, they will formally appoint the executor or administrator with the authority to manage the estate. He/she will compile a comprehensive inventory of the deceased’s assets like real estate, bank accounts, investments, personal property, and any other assets to check if the deceased had an outstanding debt.
The executor must pay all valid debts and taxes owed by the estate which may include funeral expenses, outstanding bills, and any applicable estate or inheritance taxes before any assets can be distributed to beneficiaries.
While the probate process is going on, you can drive the deceased person’s car but you must ensure that it has not passed the grace period given by your state of residence. The grace period varies from state to state but is usually 30 days.
If after 30 days you’re still driving the car without the authorization of the estate or probate executor, it will become illegal and might lead to legal complications.
I’ve taken my time to explain the illegality of driving a car that is still registered to a deceased person. You can read the article to know how illegal it is and the consequences.
Factors that Determine How Long To Drive a Deceased Person’s Car
These are the factors that determine how long you can drive a deceased person’s car before the title is transferred to your name:
1. Your State of Residence Law
As reiterated earlier, the law of your state of residence is the number one factor that determines how long you can drive a deceased person’s car when the car title has not been transferred to your name.
If the state says that you can drive the car for 30 days, then you have 30 30-day grace period to continue to drive the car even when it has not been transferred to your name.
If after the grace period as stipulated by your state’s law, you continue to drive the deceased person’s car, you risk a fraud alert by the police.
The reason is that the state believes that by the time the 30th-day mark is completed, you must have successfully transferred your name to the car title. So, if that’s not the case for you, then you’ll have to give them your reasons why you’re yet to register the car to your name.
If your reasons are not reasonable enough, they will not be accepted, meaning that you will be facing a fine, a misdemeanor or felony charge, driver’s license suspension, and even in the worst case, jail time.
2. The Probate Process
The probate process can affect how long you can use the car. The process can take anywhere from a few months to several years, depending on the complexity of the estate and any disputes among heirs.
During this time, the car technically belongs to the estate and should be managed according to the executor’s instructions.
However, some states may allow the executor or immediate family members to use the vehicle temporarily, especially if it is necessary for daily transportation. However, this use is limited to the probate period and must comply with the state regulations.
3. Insurance Coverage
Insurance is an important factor when driving a deceased person’s car. Without proper insurance, you risk legal and financial repercussions in the event of an accident.
If the deceased had an active insurance policy, it might continue to cover the vehicle for a short period after their death. However, insurance companies usually require notification of the policyholder’s death and may terminate the policy shortly thereafter.
Therefore, to drive the car legally and safely, you must ensure it is insured. You can achieve this by transferring the existing policy to your name or purchasing a new policy. Some insurers offer temporary coverage solutions for vehicles that are part of an estate.
Driving a car without valid insurance is illegal and risky. If caught, you could face fines, penalties, and liability for damages in the event of an accident.
But then, you cannot transfer your name to the insurance of a car that is still in probate. The fact that the process is still going on means that the car is still with the estate and has not been given to a beneficiary, so you cannot go ahead and transfer the insurance to your name until the car you get the car as the beneficiary.
You can plead with the insurance company to extend the insurance and not terminate it until the probate process is over so you can continue driving the car.
4. The Executor’s Permissions
The executor of the estate plays an important role in determining the use of the deceased’s car. The executor’s duties include managing and distributing the estate’s assets according to the will and state laws.
Therefore, the executor has the authority to permit or restrict the use of the car during probate. They can decide how long you can drive the car because their primary responsibility is to safeguard the estate’s assets, which may include deciding whether the car should be driven, sold, or stored.
Meanwhile, in cases where the deceased did not leave clear instructions, the executor and family members might agree to the car’s use. However, these arrangements must be documented to avoid disputes.
5. Financial and Practical Considerations
Practical aspects such as maintenance, storage, and the car’s condition can also influence how long you can drive a deceased person’s car without transferring ownership.
Regular maintenance is necessary to keep the car in good working condition. If the estate covers these expenses, the executor must approve them. If not, the person driving the car might be responsible for these costs.
If the value of the car is depreciating over time, the executor might decide to sell the car sooner rather than later to preserve its value for the estate, especially if there are financial obligations to meet.
What If There’s a Transfer on Death (TOD)?
When a vehicle has a TOD designation, the ownership is transferred automatically to the named beneficiary upon the owner’s death. This is usually done outside the probate process.
Therefore, if you’re the one on the TOD document signed by the deceased, that means you can continue to drive the car without limitations because the ownership of the car has automatically been transferred to your name.
But you must present the death certificate, identification, and the existing car title with the TOD designation to the Department of Motor Vehicles (DMV) to complete the transfer. 30 days from the deceased death is enough for you to complete this transfer process.
What to Do If You’re the Beneficiary of the TOD
Here’s what you need to do if you’re the beneficiary of the TOD:
- Adhere to State Regulations: You need to understand and comply with the state’s regulations regarding the temporary use of the vehicle before the title transfer.
- Manage Practical Responsibilities of the Car: Ensure the vehicle is maintained, legally registered, and insured during the interim period to avoid legal issues and financial liabilities.
- Complete the Title Transfer As Soon As Possible: Although the TOD designation facilitates immediate transfer, you should complete the title transfer with the DMV as soon as possible.
- Update Insurance Coverage: You must obtain new insurance in your name to ensure continuous coverage and compliance with state laws.
Conclusion
How long you can drive a deceased person’s car depends on the grace period given by your state. However, this grace period is usually 30 days, meaning that you have just 30 days to legally drive a deceased person’s car after which it becomes illegal.
While driving the car for temporary use, if the police pull you over, you may asked to provide documents that prove you have the right to drive the car such as a court order, the car title, proof of death, etc.
If you’re unable to provide any of these documents, you may be fined. In some places, you may risk going to jail having your driving license suspended, or points on your driving record.
