Is there a way to get car title is owner is dead? ?

There is no will, there is no executer of the estate. The car has been sitting for two years. The original title was lost. I wanted to buy it from the owner's daughter if it were possible to get the title. In North Carolina. 

Update:

No one wanted to be the executer of the estate because they'd have to pay her medical bills 

12 Answers

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  • 4 weeks ago

    Executors aren't responsible for the bills. Executors only sign paperwork, but the actual MONEY to pay any collectible debts will come from the estate. Medical bills are not usually collected from heirs to the estate, unless there's a big debt to Medicaid. If the car owner died without a will and the estate has not finished going through probate, the car is going to be part of that estate and until everything is released and settled, you can't get anything.  You can't buy something someone doesn't legally own.  The heirs don't legally own anything until probate is finished. 

    The estate will have to go through your state's probate court and be completely settled--if there are other bills that can be collected, the car might be sold to help pay for those. You can't get it titled, and the family won't have to get it titled--the state will do that as part of the probate process.  It may well be junked or salvaged because the state may not want to bother issuing any new title if there is not going to be an actual owner. The family may also be able to buy the car from the estate, in which case they will have to pay for getting a new title. Besides, even if the title is lost, it's on file with the state or county. 

    This car isn't going to be available for a while--I'd look elsewhere. 

  • Anonymous
    4 weeks ago

    Yes. It is possible. But first it would have to be released from the estate.  That means the daughter gets it, as she is the only heir to the estate.

    . Then there is a Process you must go through of doing as they tell you.  Either DMV, or the police desk, or MoT and your car insurer should know this too.  It will take about 3 weeks.(though things may be slowed up some because of the C19 virus(but I can not see it getting in the way)  It is a paper chase. Step by step and you will end up with the car.

     . You could do all the footwork in making an application for a new issue of the registration which would be for her as owner.  Then she could TRANSFER OWNERSHIP TO YOU after you pay her for the vehicle and the registration is made out in your name when you GIVE HER THE MONEY.  Just like a regular sale.  She could use that money to pay her medical bill.(as that is HER business)

  • 4 weeks ago

    Nope, that's not how it works.  Not in North Carolina, not anywhere else.  There is a will, and there is an executor.

    If someone dies without a written will, which happens a lot, the state steps in and takes over.  They write the will (it's actually already written as legislation), and they assign an executor of the estate.  And no, the executor does not have to personally pay the dead person's medical bills.  You've been given a whole lot of misinformation.

    There is an executor, so find out who it is.

  • May
    Lv 6
    4 weeks ago

    The owners Daughter would be the heir and as such would legally able to sell the vehicle but would have to get a replacement title before the car can be sold.

    The order of intestate (having no will) succession is: 

    If you have no spouse, your children inherit it all. If you don't have a spouse or children, your parents or grandparents would be next in line to inherit from you. Siblings, then nieces and nephews, aunts and uncles, and cousins are further down the line if there are no closer family members.

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  • Anonymous
    4 weeks ago

    Bonded title. Abandoned title. Mechanics Lien.

  • 4 weeks ago

    Yes, but

    1) Probably not if you buy it

    2) Probably not if no one is willing to be the executor

    3) Definitely not if no one is willing to pay her medical bills

    If they couldn't get the title, then you won't be able to either.  If it was possible for you, then it would have been possible for them.

    Even if it was possible to get a title, whomever sold the car would have to pay her medical bills, so if no one is willing to do that, then no one can sell the car.

    Finally, to get a title for a car that was sold when the owner is dead, there needs to be an executor.  If no one is willing to be the executor, and the car is sold, then no one can get a title.  To get the title, you have to get someone to agree to be executor, before you buy it.

  • 4 weeks ago

    Ask a Wills and Estates attorney through your county's Bar Association.  Someone has to become the legal heir.  Then that person has to apply for a replacement title.  Then that person signs the title over to you.  I don't see how it can be done without going through probate court.

  • 4 weeks ago

    The estate must be probated and an executor appointed.  The executor is required to pay outstanding debts, if there is any money.  Your reason for a lack of an executor is wrong!

  • CB
    Lv 7
    4 weeks ago

    There is always an executor - in many cases it is the state probate court that disperses funds and sells off personal property when one dies without a will. Some has to have power of attorney for such matters and that person can request a duplicate title from the DMV.

  • Mark
    Lv 7
    4 weeks ago

    If there is no will, the estate goes to the closest next of kin. It appears to be the daughter, unless the wife is still alive.

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