Loosing a loved one in the cold hands of death is heart breaking. It’s not what anyone would wish his worst enemy. However, death is inevitable and a price every living creature must pay.
When you loose a loved one to the cold hands of death, what happens to his/her properties such as his car? Can you take possessions of the car? Can you drive it? Is it illegal to drive a car registered to a deceased person?
It is not illegal to drive a car registered to a deceased person if it has not been 30 days the deceased passed. You are however required to provide the car title, proof of death, court order or any evidence to prove you have the right to drive the car to the police when you’re pulled over.
Meanwhile, it is illegal to drive a car registered to a deceased person if after 30 days you have not been able to transfer the title and register the car in your name. You maybe subjected to the charges of misdemeanor or a felony, etc.
Is it Illegal to Drive a Car Registered to a Deceased Person?
It is not illegal to drive a car registered to a deceased person if you’ve done the necessary things needed to take possessions of the car. However, if you are yet to complete these things and continue to drive the car after 30 days of the passing, you have violated the law.
Generally, some states has number of days they give to complete a deceased person car title transfer. In most states in the United States, it’s mostly 30 days.
Therefore, if you’re not done with the procedure after 30 days and get pulled over with a deceased person’s car, you maybe charged with misdemeanor. You also risk going to jail or paying a huge fine. Your driving license may also be suspended.
To be honest, there are lots of things involved when it comes to driving a deceased person’s car. But to be on a safe side, you should not drive a deceased person car until you complete the necessary procedure needed to have the car legally driven by you.
Because, while driving a car registered to a deceased person, if you’re pulled over, you have to provide documents that proves you have the right to drive the car.
An example of this document is a court order, the car title, proof of death, etc. If you however fail to provide the document, you may be fined. This can affect your driving record.
Meanwhile, it’s not illegal to drive a car registered to a deceased person if the deceased signed and completed a Transfer on Death TOD (vehicle registration) prior his/her death.
The car will be given you immediately as the rightful owner as signed on the deceased will. However, you will still need a copy of the deceased death certificate, insurance and registration to be able to legally drive the car.
How Long Can I Drive a Car Registered to a Deceased Person?
When the deceased person just passed away, you have just 30 days to legally drive his/her car.
You’re required to start and complete the necessary documents required to legally drive the car after the 30 days with the same number of days.
If after the 30 days you get pulled over without completing the documents, you may be charged a misdemeanor and fined. You may also risk going to jail.
How to Legally Drive a Deceased Person Car
To legally drive a deceased persons car, you need to transfer the title and ownership of the car to your name within 30 days the deceased has passed. You need to:
1. Get the Car Title
The first step at driving a deceased person car legally would be to locate the car title which proves ownership of the vehicle. You need this document to proceed with the transfer of ownership.
If you’re not able to find the car title, apply for a duplicate title with the Department of Motor Vehicles (DMV) in your state of residence.
2. Obtain a Death Certificate
A death certificate is what proves that someone has indeed passed away. You need to obtain this certificate to prove that the person whose car you want to transfer to your name has indeed passed away. Even though the DMV knows when someone dies, you still have to present this certificate to the DMV.
3. Verify for Car Liens
The next stage would be to verify if the said car has some liens and loans on it. Before you transfer a car title to your name, you need to be sure whether the car is clean or not.
If the car has some loans attached to it, you have to contact and discuss with the loan company how to go about with the payment. You need to ensure that this procedure is completed before proceeding to transfer the ownership to your name.
4. Transfer of Ownership
You can now proceed with transferring the ownership of the car to your name. This should be done provided you have the car title and certificate of death in your possession.
You can however fill up the buyer and seller information situated at the back of the car title. Sign and submit it to the DMV.
Meanwhile, it is important to note that the executor must provide proof of appointment which can come inform of letters of testamentary or letters of administration. If there’s any necessary expenses to be made, the estate account should be used.
5. Register the Car
After the car ownership is successfully transferred to your name, you can however proceed with registering the car. You need to contact the DMV to register the car in your name. You will be mandated to fill the car registration details, pay the registration fee, and provide a proof of insurance.
6. Get New Plate Number
If you don’t wish to use the old plate number or the plate number is personalized, you will be required to return the old plates in order to get new ones.
Be that as it may, the procedure explained above may seem too long, but it’s not something that is very hard to do. You’re urged to contact the DMV of your state of residence and have them tell you the necessary steps to follow.
What Happens If You Drive a Car Registered to a Deceased Person?
If you continue to drive a car registered to a deceased person, you may have:
- Insurance Problems: If the insurance coverage of the car does not have your name in it, if you eventually get involved in an accident, the insurance company will not be able to answer you which means no coverage. The damages will be attributed to you personally.
- Registration Issues: You will have to keep explaining to the police who pulled you over how you get the car you’re driving if your name is not on the registration. At some point, you maybe subjected to penalties and fines.
- Delay by the Police: A normal routine check if you get pulled over may turn to something long and interrogatory if you continue to drive a car registered to a deceased person.
- Legal Problems: If you continue to drive the car without minding the liens or loan attached to the car, you will definitely find yourself in a hot soup that you may not like. You may be subjected to paying off the loan.
- Family Problems: Driving a deceased person car illegally can cause family problems especially when you don’t have the right to drive the car. Imagine driving a deceased person car who before his/her death through TOD had willed the car to someone else, this will definitely cause problem in the family.
Documents Needed to Drive a Car Registered to a Deceased Person
Documents needed to drive a car registered to a deceased person are:
- Title of the car
- Proof of insurance
- Proof of ownership of the car
- Proof that the car has been rightfully transferred
- Proof of death
Penalties for Driving a Car Registered to a Deceased Person
Below are the State wise penalties attributed to illegally driving a car registered to a deceases person:
| State | Maximum Fine | Jail Time | License Suspension | Criminal Charges |
| New York | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Georgia | $5,000 | 1 Year | Up to 4 Years | Felony |
| Texas | $2,000 | 180 Days | Up to 2 Years | Felony |
| Connecticut | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Florida | $1,000 | 60 Days | Up to 1 Year | Misdemeanor |
| Illinois | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Louisiana | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Michigan | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Maryland | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Virginia | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Tennessee | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Washington | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Pennsylvania | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Oklahoma | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Minnesota | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| Nebraska | $500 | 30 Days | Up to 6 Months | Misdemeanor |
| North & South Carolina | $500 | 30 Days | Up to 6 Months | Misdemeanor |
Final Thoughts
Driving a deceased person car is not illegal provided the car title has been transferred to your name and the registration is completed.
However, if you’re yet to transfer the title and register the car in your name, you can still drive the car within 30 days the deceased passed.
You must however provide the car title, proof of death, court order, or anything that can prove that you have the right to drive the car to the law enforcement agency if you’re pulled over.