How To Transfer a Car Title After Someone Dies in South Carolina
When a loved one passes away, dealing with the legal aspects of their estate can be overwhelming. One crucial aspect to consider is the transfer of ownership for any vehicles they may have owned. In South Carolina, the process of transferring a car title after someone dies is a necessary step to ensure the proper handling of the deceased individual’s assets.
Locating the Necessary Documents
Before initiating the title transfer process, it is essential to gather all the required documents. These typically include the following:
-
Death certificate of the deceased individual
-
Vehicle title
-
Will or estate documents
Personal Representative of Estates
If you are designated a personal representative (PR) of an estate, you may have the ability to sign a title over to a new owner when the person who is currently the owner on the title dies. In this state, PRs are typically assigned for a year.
If you are attempting to transfer a title to a new person and you are the PR for the estate, you must do all of the following:
- Provide the SCDMV with the certificate from Probate Court showing that you are the PR,
- Sign the back of the title as the “seller” in your name with (PR) beside it, and
- Follow the other steps outlined when selling a vehicle.
If you are the Personal Representative and you would like to have a title issued in your name instead of the name of the person who died, you would follow the above steps but also sign the back of the title as the “buyer.” Upon paying the proper fees, the SCDMV could issue you a title in your name. From there, you could follow the steps for buying a vehicle if you want a license plate to be able to drive the car or decide if you would like to sell the vehicle using the title issued in your name.
Inheriting a Vehicle when You’re Not on the Title
If you are not listed on the title in question, yet court documents outline that you are the vehicle’s new owner after the person on the title died, the Probate Court must direct the SCDMV on the way forward.
The Probate Court will appoint a Personal Representative, and if so, you would follow the process above, or a Small Estate Affidavit would be issued by the Probate Court. The Affidavit only allows the vehicle to be titled in the name of the person appointed by the Probate Court. The Affidavit does not allow a person to sign the title to the vehicle to another person.
Legal Considerations and Requirements
It is important to note that there are specific legal requirements and considerations to keep in mind when transferring a car title after someone dies in South Carolina. These may include:
- Ensuring proper documentation to prove ownership and inheritance
- Complying with state laws and regulations regarding estate settlement
- Resolving any outstanding debts or taxes related to the vehicle
Final Steps in Estate Settlement
Transferring a car title after the death of a loved one is just one aspect of the overall estate settlement process. It is essential to consult with legal professionals or estate planners to ensure that all aspects of the deceased individual’s estate are handled correctly and in accordance with the law.
If you have feedback, questions, or ideas for future articles or Information Hubs, please contact us. Your insights help us create valuable content.
