Is it illegal to drive a car registered to a deceased person? Well, have you ever wondered what happens if someone passes away and their car is still registered in their name? It’s a tough topic to tackle because it involves both legal and emotional aspects.
Imagine you’re dealing with the loss of a loved one, and on top of that, there’s uncertainty about what to do with their belongings, including their car. It’s natural to wonder but, is it illegal to drive a car registered to a deceased person?
It is not illegal to drive a car registered to a deceased person if it has not been 30 days since the deceased passed. However, when someone passes away, their assets, including vehicles, become part of their estate. Until the estate is settled and the vehicle’s ownership is transferred legally, it is not permissible for someone else to drive the car.
Key Takeaways:
- It is not illegal to drive a car registered to a deceased person if it has not been 30 days since the deceased passed.
- It is not illegal to drive a car registered to a deceased person if the deceased signed a TOD and you’re the beneficiary.
- It is not illegal to drive a car registered to a deceased person if you obtain permission from the executor or administrator of the estate to drive the car.
Is It Illegal to Drive a Car Registered To a Deceased Person?
No, It is not illegal to drive a car registered to a deceased person if it has not been 30 days since the person died. However, it is illegal to continue to drive the deceased person’s car after 30 days of his passing without settling the estate and transferring the ownership to your name.
This is because, until the deceased person’s estate is settled and ownership of the vehicle is officially transferred, the vehicle remains legally owned by the deceased person’s estate, and continuing to drive it after 30 days of his/her passing can be termed illegal.
As reiterated earlier, when an individual passes away, their assets, including vehicles, become part of their estate which is the total sum of the person’s assets, liabilities, and obligations at the time of their death. It encompasses everything that the individual owns, controls, or has an interest in.
The estate will however go through a legal process known as probate (or estate administration), where the validity of the deceased will is verified (if there is one), his/her assets are identified and valued, debts and taxes are paid off, and remaining assets are distributed to heirs or beneficiaries according to the deceased person’s wishes or the laws of intestacy if there is no will.
During this process, the car may be assessed for its value and either sold to pay off debts or transferred to beneficiaries according to the deceased person’s wishes or state law.
In all, if you’re the one who inherited the car, you can go ahead and proceed with transferring the car title to your name to be able to legally drive the car.
However, until all these processes are met, it will be illegal to continue to drive a deceased person’s car.
In some cases, family members or other individuals may be granted temporary permission to use the car while the estate matters are being resolved.
However, permission must be obtained from the executor or administrator of the estate and should be documented to avoid any misunderstandings or legal issues.
Also, the temporary use of the vehicle should be limited to important needs, such as transportation to handle estate-related matters or to fulfill other obligations.
Moreover, 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.
To be honest, there are lots of things involved when it comes to driving a deceased person’s car. But to be on the safe side, avoid driving a deceased person’s car until you complete the necessary procedure needed to have the car legally driven by you.
What if the Deceased Signed a Transfer on Death (TOD)?
If the deceased signed and completed a Transfer on Death TOD (vehicle registration) prior to his/her death, it will not be illegal for the beneficiary to drive the car.
A Transfer on Death (TOD) allows an individual to designate beneficiaries who will inherit certain assets, such as bank accounts, securities, vehicles, or real estate, upon the individual’s death without going through probate.
When a person designates a TOD beneficiary for their assets, those assets are transferred directly to the named beneficiaries upon the person’s death, bypassing the probate process.
This means that the car will be given to you immediately as the rightful owner as signed on the TOD by the deceased but you will still present a copy of the deceased death certificate, insurance, and registration to be able to legally drive the car until you transfer the title to your name.
Also, being the designated TOD beneficiary, after the death of the vehicle owner, you must notify the DMV of the owner’s death by submitting a document that proves the owner’s death to them (death certificate).
After they receive notification of the owner’s death and verify the documentation provided, they will facilitate the transfer of the vehicle’s title to your name as the designated TOD beneficiary, which involves completing more paperwork provided by the DMV.
After the title transfer is completed, you will need to update the vehicle’s registration to reflect the change in ownership by either paying the registration fees and obtaining new license plates or registration documents.
Nevertheless, as the TOD beneficiary, you should also update the vehicle’s insurance policy to reflect the change in ownership. You can do this by transferring the existing policy to your name or obtaining a new insurance policy altogether.
Conclusion
It is totally illegal to drive a car registered to a deceased person if you did not obtain permission from the executor or administrator of the estate before driving the car if it has been more than 30 days since the person died, and if there’s a TOD and you’re not the beneficiary.
However, it is only legal to drive a car registered to a deceased person if you obtained permission from the executor or administrator of the estate before driving the car, if it has not been 30 days since the deceased passed, and if there’s a TOD and you’re the beneficiary.
