Step 18 – Deceased Estate Administration Guide
Value, Sell & Transfer a Deceased Person’s Car
- Last Updated: April 2022
This step explains everything you need to know about the various types of vehicle ownership and valuation. You will be able to make important decisions including how to transfer ownership of a car after death, if you can drive a deceased person’s car and how to transfer motor vehicle to the deceased estate.
Overview
You and the Beneficiaries will need to decide how the vehicles will be dealt with depending on the ownership and the Will. You may need to:- determine ownership of the vehicles;
- check if the Will mentions how the vehicles are to be distributed;
- agree how the vehicles will be distributed;
- decide if the vehicles are to be sold and the cash proceeds distributed;
- determine if any maintenance is needed to get a higher sale price or valuation; and
- update the simplyEstate Assets & Liabilities Inventory.
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18.1 Types of Vehicle Ownership
18.1.1 Sole Ownership
If the deceased person was the sole owner of the car and other vehicles, then those vehicles will generally fall within the estate and either its sale proceeds or the vehicles will be distributed as outlined in the Will or based on the State/Territory legislation.
18.1.2 Joint Ownership
If the deceased person owned the car and other vehicles with another person jointly, then those vehicles will in most instances pass to the surviving joint owner. You should share this information with the surviving owner, so the vehicle can be transferred into their sole ownership as per instructions by State/Territory at the end of this Step below.
Further instructions about the vehicles and distribution may be noted in the Will.
Note: Where both joint owners have passed, those vehicles will generally fall within the estate.
18.1.3 Leasing
If the deceased person owned the car and other vehicles under a leasing agreement, then you will need to review the lease contract and talk to the leasing company. In most instances the agreement would still continue and agreed payments may need to be maintained unless you can negotiate a deferral of payments until the deceased estate is fully administered.
18.2 The Will (if Available)
The Will may contain specific details and instructions about the distribution of the car and other vehicles. It needs to be noted that the requests in the Will should be upheld to the extent permitted by law.
18.3 Value the Car and Other Vehicles
As with all assets and liabilities of the estate, you will need to get a good understanding of the car and other vehicle’s value for the purposes of tax, Grant of Probate application and final distribution. A general rule is to either get a valuation by an independent specialist for a fee, or three valuations by independent dealerships to give you an average valuation.
Note: the value of all assets and liabilities are as at the date of death.
18.4 Sell the Car and Other Vehicles
It is not uncommon that the Executor or Administrator either require to or wish to sell the car and other vehicles and then distribute the cash proceeds.
It needs to be noted that a vehicle license transfer may only occur once a Grant of Probate or Letters of Administration are obtained from the Supreme Court (see Step 27 – Apply for Grant of Probate or Letters of Administration).
18.5 Return Driver’s License and Number Plates
You should return the driver’s license of the deceased and number plates of vehicles registered solely under the deceased person, which won’t be used. You may be able to claim a refund of the remaining part of the fees paid in some States/Territories.
If a refund is applicable, it will need to be paid into the deceased person’s estate and registered on the simplyEstate Assets & Liabilities Inventory. More on how to create a deceased person’s estate bank account can be found in Step 19 – Deal with a Deceased Person’s Bank Accounts & Finances.
18.6 Driving a Deceased Person’s Car Before Transfer
It is not recommended to drive a deceased person’s car that was not yet transferred and insured in the intended owner’s name.
Even if the vehicle is insured, both the estate and the driver may become liable for damages resulting from an accident.
18.7 Processes for Vehicle Transfer, Driver’s License and Number Plates Return
simplyEstate has compiled the most common information and process by State/Territory to help you as follows:
Department of Transport
Phone: 13 11 56Address: Find a location near you here Notification of Death
The Registry of Births, Deaths and Marriages informs the Department of Transport of all deaths in the state periodically. However, if this has not occurred or you want to register it sooner, you can visit a Driver and Vehicle Services (DVS) centre, regional Department of Transport office or authorised agent and provide a certified copy of the Death Certificate.
Return Driver’s LicenseYou can return the deceased person’s driver’s license at a Driver and Vehicle Services (DVS) centre, regional Department of Transport office or authorised agent.
Cancel Vehicle Registration and Return Number PlatesComplete Form VL14 – Lost/Stolen Number Plates Notification and bring it along or post it with the number plates:
- in person: Find a Driver and Vehicle Services Centre or regional Agent near you; or
- by post: Driver and Vehicle Services, Returned number plates, GPO Box R1290, Perth WA 6844
Form C2 – Application for Refund
Transfer of vehicle RegistrationFor any vehicle registration being transferred from the deceased person, the Executor or Administrator is required to provide the current license papers and a completed Form MR172 – Statutory Declaration Deceased Estates.
- Beneficiary: If the transfer of the vehicle is to a person as stated in the Will, the Beneficiary will need to pay a transfer fee and a reduced rate of vehicle licence duty.
- Non-Beneficiary: If the transfer of the vehicle is to a person other than stated in the Will, the non-Beneficiary will pay a transfer fee and the full rate of vehicle licence duty.
- Next of Kin: If the transfer of the vehicle is to a Next of Kin where there is no Will, the Next of Kin will pay a transfer fee and a nominal rate of vehicle licence duty.
- Non-Next of Kin: If the transfer of the vehicle is to a person other than a Next of Kin where there is no Will, a Form MR9 – Notification of Change of Vehicle Ownership should also be completed and the Non-Next of Kin will pay full vehicle licence duty and transfer fees.
If the surviving joint owner is a Next of Kin then the Form MR172 – Statutory Declaration Deceased Estates should be completed and the Next of Kin will pay the transfer fee and a nominal rate of vehicle licence duty.
WebsiteFor more information about transfer of vehicles and vessels, please see the Department of Transport website.
Roads and Maritime Services
Phone: 13 22 13Address: Find a location near you here Notification of Death
The Registry of Births, Deaths and Marriages informs Roads and Maritime Services of all deaths in the state periodically. However, if this has not occurred or you want to register it sooner, you can complete the following:
- Form C – Advice of Death;
- Proof of Identity of the Executor or Administrator; and
- Proof of Identity of the Deceased Person.
You can return the deceased person’s driver’s license at a Service Centre with proof of the death such as:
- Form C – Advice of Death;
- Proof of Identity of the Executor or Administrator; and
- Proof of Identity of the Deceased Person.
Complete Number plates and/or cancellation of registration Form and bring the following:
- proof of your identity;
- the Certificate of Registration for the vehicle, if possible; and
- the number plates.
Return in Person at a location near you here
Transfer of Vehicle RegistrationFor any vehicle registration being transferred from the deceased person, the Executor or Administrator should complete and provide a Transfer of Registration Form.
The new owner will need to provide one of the following:
- a copy of the Will stating the relevant section;
- a copy of the Grant of Probate stating the relevant section; or
- signed, written advice from a solicitor.
The Executor and surviving joint owner should provide a letter signed by both parties outlining the agreement between the Beneficiary/Executor and the surviving joint owner and one of the following:
- a copy of the Will stating the relevant section;
- a copy of the Grant of Probate stating the relevant section; or
- signed, written advice from a solicitor.
The new owner will need to provide:
- a copy of the Letters of Administration issued by the Supreme Court; or
- a Statutory Declaration stating they are appointed as Administrator of the deceased estate.
The surviving joint owner or Next of Kin wanting to transfer the vehicle into their name should complete a Statutory Declaration stating:
- their relationship to the deceased;
- that no Administrator was appointed for the estate;
- that no Will is in place; and
- why they are entitled to transfer the vehicle registration into their name and there is no other Next of Kin who would be given preference.
For more information about transfer of vehicles and vessels, please see:
VicRoads
Phone: 13 11 71Address: Find a location near you here Your Proof of Identity
If you are dealing with VicRoads representing the deceased estate as the Executor or Administrator you will always need to provide:
- proof of identification such as a driver’s license; and
- a copy of the Will stating the relevant section;
- a copy of the Grant of Probate stating the relevant section;
- a copy of the Letters of Administration, stating the relevant section; or
- a Statutory Declaration stating that no Will and no Executor are in place and that they are entitled to represent the deceased estate.
The Registry of Births, Deaths and Marriages informs VicRoads of all deaths in the state periodically.
However, it is recommended to notify VicRoads as soon as possible by submitting a certified copy of the Death Certificate:
- by post: VicRoads, GPO Box 1644, Melbourne VIC 3001; or
- in person: at a VicRoads Customer Service Centre near you here
You can return the deceased person’s driver’s license by post or in person by providing:
- the deceased person’s driver’s licence;
- a certified copy of the Death Certificate; and
- a completed Cancellation and refund request Form.
You can cancel a registration and return number plates in person by providing:
- a completed Authority to act as an agent Form; and
- the number plates, at a VicRoads Customer Service Centre.
Refer to the table and forms contained in the VicRoads Deceased Estate Pack.
Department of Transport and Main Roads
Phone: 13 23 80Address: Find a location near you here
Post: Department of Transport and Main Roads, Customer Services Branch Central Operations and Support (Driver Licence Refunds), PO Box 525, Fortitude Valley QLD 4006 Return Driver’s License
You will need to complete a Form F4778 – Return/Surrender Declaration and can return the deceased person’s driver’s license:
- in person: at a Transport and Motoring Service Centre near you here; or
- by post: Department of Transport and Main Roads, Customer Services Branch Central Operations and Support (Driver Licence Refunds), PO Box 525, Fortitude Valley QLD 4006
To obtain a refund of the unexpired portion of the driver’s licence, you will need to apply in writing to the Department of Transport and Main Roads by post with the following:
- name and address of the Executor or Administrator;
- a copy of the receipt obtained when returning the driver’s licence of the deceased person;
- Death Certificate;
- Funeral notice;
- Coroner’s report;
- Grant of Probate; or
- Advice from the Registry of Births, Deaths and Marriages.
To obtain a refund for the unexpired portion of the registration and compulsory third-party insurance, follow the steps outlined below under Cancel vehicle registration & return number plates.
Surviving Joint Vehicle OwnerA surviving joint owner can transfer the vehicle into their name at no cost by visiting a Transport and Motoring Customer Service Centre and provide one of the following certified copies:
- Death Certificate;
- funeral notice; or
- Coroner’s report.
In QLD the vehicle registration should be transferred to the deceased estate or a Beneficiary by the Executor, Administrator or Next of Kin before cancelling the registration on behalf of the deceased person and to receive a refund to the estate.
After 30 days from the date of death you can complete a Form F3520 – Vehicle Registration Transfer Application, signed by every Executor, Administrator or Next of Kin and provide the following:- Accepted proof of identity of the Executor, Administrator of Next of Kin who will be registered as the second operator of the vehicle;
- Death Certificate;
- Funeral notice; or
- Coroner’s report;
- Original or certified copy of the Will naming the Executor(s);
- Grant of Probate; or
- Executor Statutory Declaration;
- Letters of Administrator; or
- Administrator or Next of Kin Statutory Declaration.
- in person: at a location near you here; or
- by post: Department of Transport and Main Roads,Vehicle Cancellations, PO Box 5096, Red Hill, Rockhampton QLD 4701
For more information about transfer of vehicles and deceased estate, please see this guide.
Complete Step
Actions and Decisions to Complete Step Yourself
If you have decided to tackle this Step yourself after reading and understanding the above, you may want to:
- Determine the ownership of all vehicles
(see Step 18.1 above); - Negotiate deferral or pay all repayments for leased vehicles
(see Step 18.1.3 above); - Check the Will (if available) for any specific instructions about how the vehicles are to be distributed
(see Step 18.2 above); - Value the vehicles
(see Step 18.3 above); - Decide if the owned vehicles will be kept or sold
(see Step 18.4 above; - Return driver’s license and number plates (if the vehicle is kept)
(see Step 18.5 and Step 18.7 above; and - Transfer the vehicle to the surviving joint owner (if applicable)
(see Step 18.7 above). - Update the simplyEstate Assets & Liabilities Inventory to reflect all vehicles and their value.
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Information
Forms
Legislation
Cost & Effort
Reading: 25 mins
Completing: 1-3 hrs
Total: 1:20-3:20 hrs
Cost: $0-$500
Effort and cost are general estimates only and are based on the assumption that you complete this step without experienced support.
Instructions
To find out how this Process Guide works, access the instructions here.
Glossary
To find out what the capitalised words mean, access the glossary here.
Forms
Cancel Vehicle Registration & Return Number Plates in WA
Form VL14 – Lost/Stolen Number Plates NotificationRefunds in WA
Form C2 – Application for RefundTransfer Vehicle Registration in WA
Form MR172 – Statutory Declaration Deceased EstatesForm MR9 – Notification of Change of Vehicle Ownership
Transfer to Surviving Joint Owner in WA
Form MR172 – Statutory Declaration Deceased EstatesReturn Driver’s License in NSW
Form C – Advice of DeathCancel Vehicle Registration & Return Number Plates in NSW
Number plates and/or cancellation of registration FormTransfer Vehicle Registration in NSW
Transfer of Registration FormReturn Driver’s License & Claim Refund in VIC
Cancellation and refund request FormCancel Vehicle Registration & Return Number Plates in VIC
Authority to act as an agent FormReturn Driver’s License in QLD
Form F4778 – Return/Surrender DeclarationCancel Vehicle Registration & Return Number Plates in QLD
Form F3520 – Vehicle Registration Transfer ApplicationExecutor Statutory Declaration
Administrator or Next of Kin Statutory Declaration
Refer to Step 18.7 above for more detail about these forms.
Other forms not listed here may be required based on your specific circumstances.
Checklists & Tools
Use Australia’s smartest Assets & Liabilities Inventory to automatically calculate the estate value for Grant of Probate.
Legislation & Rules
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Other legislation and rules not listed here may apply to your specific circumstances.
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