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  1. #1
    Join Date
    Dec 2012
    Posts
    124

    Default Transferring a Vehicle From an Estate That Was Not Probated

    My question involves estate proceedings in the state of: New Jersey

    A person selling a motorcycle receives 700 of the $1000.00 price so it remains until paid in full. Before the final payment is made the seller passes away. This is 1 1/2 years ago, the guy wasn't married (son from prior marriage) and had a live in girl friend. The buyer asks the GF about the bike but she can't find the title the buyer can't produce the receipt of down payment. Without the receipt she appears to have no issues but has yet to do anything. I learned his estate wasn't probated which was a $1000.00 bike & a $25,000.00 car.
    They are well past the timing to open an estate as the son wasn't aware what probate is plus no will was available. I know the bike is an asset but can that sale still be completed & transferred to the buyer? Would DMV just need a D/C to transfer or do they need to go thru probate. Other possible assets were minimal, 5k maybe; however there was a 1/2 life ins for the son. Any ideas, experiences esp when probate wasn't ever done. Could the GF have done the probate without the son's knowledge?
    Thanks in advance for your input.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: An Estate Never Opened

    Absent a will, the one of the inheriting relatives should apply to the court for appointment. They can as a function of their action, obtain and process a duplicate title to the buyer.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,029

    Default Re: Transferring a Vehicle From an Estate That Was Not Probated

    Many states allow vehicles to be transferred by affidavit without probate.

    I haven't checked NJ but you can on online to the NJ DMV and probably find the form and instructions, or call or visit your DMV.

    Trouble is, without a receipt for the payment, and no title, the buyer is pretty well screwed and can probably kiss his $700 goodbye.

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