When meeting with your attorney to establish your estate plan, many factors must be considered. As part of the estate planning process, taking an inventory of your assets and making decisions regarding their transfer on your death is important. One often overlooked asset is a car. Failure to plan for disposition of your car(s) properly will only add to the burden on your loved ones when it comes to managing your estate.

What Happens When You Don’t Plan for Your Car(s)?

When your car is not included in your estate plan, your family will need to navigate the Department of Motor Vehicles and the Probate Court to transfer ownership of the vehicle to the proper beneficiary.

Some of the many documents your personal representative will need to gather include the following:

• A copy of your driver’s license
• A copy of your death certificate
• Your original state-issued Certificate of Title
• Affidavit for Transfer Without Probate
• Letters Testamentary or Letters of Administration
• Vehicle Transfer and Reassignment Form
• Statement of Facts

Fortunately, all of this complication can be avoided with proper planning. There are many estate planning tools that can be utilized to avoid extra work to transfer a car title during the estate administration process. For example, in many states you can register the title of the car in your Revocable Trust or put a Transfer on Death (TOD) designation on the Title to your Revocable Trust or to another person.  An experienced and knowledgeable attorney can help you find the option that is right for your needs and help you include all your property, including your car, in your estate plan.

The Great Probate Escape is an MGD Law Series about the details of estate planning that will help you avoid hassle with probate courts.

This material is for informational purposes only and is not legal advice. Receipt and use of this information, by itself, does not create an attorney client relationship.  You should consult with your attorney, tax professional, and financial advisor when creating and implementing your estate plan. The choice of a lawyer is an important decision and should not be based solely on advertisements.