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  1. #1
    Join Date
    Sep 2008

    Default Can Spouse Sell Deceased Husband's Car

    My question involves an auto loan or repossession in the State of: CA

    Can a spouse sell the car belonging to her deceased husband, even though only his name was on the loan? The registration is also only in his name. There was no will. If she could sell it for more than is owed on the loan, it would obviously be to her advantage if it can be done legally -- or is her only option to have it repossessed? If it is repossessed, would this reflect negatively on her credit report somehow, even though she is not on the loan?

  2. #2
    Join Date
    Jan 2006

    Default Re: Can Spouse Sell Deceased Husband's Car

    is the estate being probated?

    If so, there are mechanisms in place for the administrator to be able to sell a vehicle for the estate. Of course the loan and any associated lien would need to be satisfied as a condition of the sale.

    and yes, any proceeds greater than the amount of the lien would benefit somebody. They would become part of the estate and disbursed according to
    California probate law.

  3. #3
    Join Date
    Mar 2005

    Default Re: Can Spouse Sell Deceased Husband's Car

    California offers a simplified probate process for smaller estates (<$100,000). See this material (PDF) from Los Angeles County.

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