Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
Losing a loved one is never easy, and managing their affairs afterward can be complex and emotional. One important, but often challenging, task is transferring ownership of a deceased person's vehicle explains a Capital One article. As a probate law firm in Boerne, our team at McCammon Law frequently assists families through this process to help ensure a smooth transition. Here, we outline key steps and options for handling vehicle ownership when it becomes part of an estate in Texas.
After someone passes away, the transfer of their vehicle will depend largely on three factors:
Each of these factors can affect the steps required to transfer ownership, as well as the time it might take to finalize the process.
In Texas, if a deceased person leaves a will that includes specific instructions for their vehicle, the probate process will likely honor these directives. For example, a vehicle might be left to a designated heir directly through the will.
If the vehicle title includes a Transfer on Death (TOD) provision—a relatively simple addition that allows direct transfer of the vehicle upon death—this can streamline the process significantly. In this case, the designated beneficiary will need to visit the local Department of Motor Vehicles (DMV) with:
The TOD allows beneficiaries to skip the probate process altogether for that vehicle, expediting the transfer.
Read More: What’s the Best Thing to Do with an Inherited House?
If there is no will or TOD provision, the vehicle often becomes part of the deceased’s estate and must go through the probate process. The probate court will determine the rightful owner based on Texas inheritance laws, which can take several months.
Once probate is complete, the appointed beneficiary can begin the title transfer by presenting:
In cases where there are multiple heirs or no immediate family members, the process can involve further complications. This is where working with an experienced Boerne probate lawyer can help clarify and expedite the transfer steps.
In some cases, the deceased may have outstanding loans on their vehicle. Unfortunately, these debts don’t disappear after death and may become the responsibility of the estate or the inheritor. Here’s what beneficiaries might expect:
If neither of these options is feasible, the lender may repossess the vehicle to satisfy the debt. These situations can become complex, which is why consulting with a probate lawyer can help families manage such financial decisions.
In some cases, beneficiaries may decide to sell the vehicle rather than keep it. This can be a practical choice, especially if the vehicle holds a high resale value, or if maintaining it is financially challenging. If a single beneficiary inherits the car, they can transfer the title to themselves, pay off any existing loan, and cancel the vehicle’s insurance before selling it.
When there are multiple beneficiaries, however, all involved parties must agree on how to proceed with the sale. One option is for a single beneficiary to buy out the others, allowing for a straightforward transaction.
Also Read: Transferring Real Estate to Children
Navigating probate can be a time-intensive and legally intricate process, especially when it involves valuable assets like a vehicle. An experienced probate lawyer can assist families in Boerne with:
At McCammon Law, P.C., we are committed to supporting our clients with compassion and clarity through every step of the probate process. If you’re handling a loved one’s estate and need guidance with the vehicle transfer or any other probate-related issue, don’t hesitate to reach out. Request a Consultation with McCammon Law today for experienced and compassionate probate assistance.
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138 Old San Antonio Rd.
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Boerne, TX 78006