Dealing with the loss of a loved one is an emotionally challenging time, and navigating the legal and practical responsibilities left behind can feel overwhelming. Among these tasks, managing the ownership and sale of a deceased person’s car is a process that requires both sensitivity and a clear understanding of the necessary steps.
This guide offers practical advice on selling a deceased person’s car in the UK, exploring legal considerations, the steps involved in notifying relevant authorities, and how to approach the sale of the vehicle effectively.
Contents
- What to consider when selling a deceased person's car
- Notifying the DVLA when a car owner passes away
- Selling a car on probate
- Can you sell a car before probate?
- Transferring vehicle ownership with a logbook (V5C)
- Selling a deceased person's car without a logbook (V5C)
- Selling privately
- Selling to a dealership
- Frequently asked questions
What to consider when selling a deceased person's car
Before you initiate the sale of a deceased person’s car, there are several key factors to consider. Understanding your legal right to sell the vehicle is essential to avoid complications or disputes. Usually, the responsibility falls on the executor of the will or, if no will exists, the administrator of the estate. Acting without proper legal authority can lead to complications and potential disputes.
Consider the vehicle's value, any outstanding finance agreements, and the car's condition. You should also be mindful of sentimental value, as other family members may be interested in keeping the vehicle. Discuss the matter openly with family members and any other stakeholders before proceeding.
Notifying the DVLA when a car owner passes away
Notifying the Driver and Vehicle Licensing Agency (DVLA) of the car owner's death is a necessary step. The DVLA can be informed through the government's Tell Us Once service, which streamlines communication with multiple government departments, or by writing directly to the DVLA’s Sensitive Casework Team. Ensure you include the following information:
- The deceased person's full name, address, and date of death
- Your relationship to the deceased
- The vehicle’s registration number
Upon notification, the vehicle's tax will be automatically cancelled. If you need to drive the car before selling it, it must be re-taxed under the new registered keeper or declared off-road (SORN) if not in use. Failing to notify the DVLA or properly manage the vehicle's tax can result in fines or penalties.
Selling a car on probate
Probate is the legal process of handling the deceased person’s estate, including their car. If the vehicle is part of the estate and valued above £10,000, it is typically necessary to obtain a Grant of Probate or Letters of Administration. This document legally confirms your right to manage the deceased's assets.
The probate process can take several months, depending on the complexity of the estate. During this period, you may be able to sell the car if all beneficiaries agree, but documentation confirming your authority is often required. Consult with a solicitor if you're uncertain about the legal requirements, as unauthorised sales can lead to complications.
Can you sell a car before probate?
If the car’s value is under £10,000 or the buyer is a private individual or a smaller dealership, it may be possible to sell the vehicle before obtaining probate. However, this can be risky, and some buyers may request written confirmation from a solicitor verifying the right to sell the car.
Selling before probate is generally not advised unless absolutely necessary. Doing so without the proper legal standing could lead to disputes with beneficiaries or claims against the estate.
Transferring vehicle ownership with a logbook (V5C)
The V5C logbook is essential for transferring ownership. If you have the V5C, complete the necessary sections and send it to the DVLA. If the logbook is lost, apply for a replacement using a V62 form. You will need to provide:
- The deceased’s name and date of death
- Proof of your relationship or legal authority
- The buyer’s name and address
The DVLA typically processes these requests within a few weeks, but delays can occur. Retain copies of all correspondence and documents for your records.
Selling a deceased person’s car without a V5C logbook
If you can't locate the V5C logbook, you can still sell the vehicle by applying for a replacement. Use a V62 form, including a copy of the death certificate and evidence of your legal authority. Note that without a logbook, some buyers may hesitate to proceed, making selling to a dealership more straightforward.
Some dealerships or buyers may request a signed statement confirming your right to sell the vehicle. Be prepared to provide supporting documents, such as the death certificate and your authority as an executor or administrator.
Selling Privately
Selling a car privately can often result in a higher sale price than selling to a dealership, but it can also be more complex. Transparency is essential when navigating this process, and buyers may have concerns about the legitimacy of the sale. Clear communication and appropriate documentation can help reassure potential buyers and ensure a smooth transaction.
When preparing to sell privately, it's crucial to have all the necessary documentation in place. This typically includes proof of your legal right to sell the vehicle, such as the Grant of Probate or Letters of Administration, as well as the death certificate of the deceased.
Selling privately often takes longer but can yield a higher price. Ensure the car is properly insured, taxed, and has a valid MOT if it will be test-driven. Consider advertising the vehicle on reputable platforms and meeting potential buyers in safe, public spaces.
Selling to a dealership
Selling to a dealership can be one of the most straightforward and hassle-free options available. Dealerships are experienced in handling legal and administrative processes associated with vehicle sales, making them a practical choice for those looking to avoid the complexities of private selling.
One of the main advantages of selling to a dealership is the speed of the transaction. Many dealerships offer same-day valuations and purchases, which can be particularly beneficial when managing an estate. Unlike private sales, where finding a buyer can take weeks or even months, a dealership provides a guaranteed sale, allowing executors or family members to settle the matter efficiently.
Dealerships also accept vehicles regardless of their condition. Whether the car is nearly new, high mileage, or has cosmetic damage, a dealership is still likely to provide an offer. This eliminates the need for costly repairs or maintenance that might be necessary to attract private buyers. Additionally, dealerships handle the paperwork, including notifying the DVLA of the ownership transfer, reducing the burden on those managing the estate.
If the car's value exceeds £10,000, most dealerships will require a Grant of Probate or legal documentation verifying your right to sell. At Evans Halshaw, we can provide guidance on the required paperwork and offer a fair valuation based on market value, helping you avoid the complexities of private sales.
Frequently Asked Questions
Yes, you can drive the car before probate, provided it's taxed, insured, and has a valid MOT. However, be aware that selling the car before probate can create legal issues, and it is typically advisable to wait until you have legal authority to do so.
If the car has outstanding finance, you can't sell it until the finance has been cleared. The finance company legally owns the car until the debt is paid off. Contact the finance company to settle the debt before proceeding with the sale.
A solicitor is not always necessary but can be helpful, especially if the estate is complex or the car is of high value. They can help navigate legal issues and ensure the sale is conducted properly, especially if there are multiple beneficiaries or disputes.
When someone passes away, their car insurance policy should be cancelled, and any unused premiums may be refunded. If a family member or beneficiary wants to keep the car, the policy can sometimes be transferred, but the insurance provider will likely require proof of inheritance or probate. If the car is not in use, it’s important to cancel the insurance to avoid unnecessary charges.
Sell your car with Evans Halshaw
Whether you choose to sell privately, through a dealership, or explore other options, understanding your rights and responsibilities will help you make informed decisions. If in doubt, seeking professional advice can ensure you follow the correct procedures and prevent potential disputes.
Selling your car at one of our dealerships is designed to be as hassle-free as possible. Our team understands the sensitive nature of handling a deceased person's vehicle and will treat your situation with respect and understanding.
Where to next?
Selling a Car Privately | Everything You Need to Know
