My girlfriend recently passed away and I have her car. But the title is lost. I have the dod certificate and a letter signed from her mother and father saying they are giving it to me. But I want to sell the car.
Your girlfriend's parent can always request a duplicate title from the title bureau for a fee. The parents may have to go through the probate process in order to transfer the car to you. You will not be able to transfer the car without their assistance since you are not a surviving spouse.
File a probate action for your deceased girlfriend. Now there might be a way using secretary of state form “Certification of a Heir to a Vehicle” (State form TR-29).
You need to apply for a lost title; then, her mother and father are going to have to fill out a DMV Inheritance Affidavit; then, they can transfer the car to you.
You will need to have a new title certificate issued. In this case, it will probably need to go to the parents and then they will need to transfer it to you. This will mean that you will need to pay for two titles, but the cost is relatively nominal.
First they may need to process the lost title through DMV. Many DMVs will make them process it not you. Go to DMV to see what you need to do or what they need to do.
The mother and father will have to complete and sign a Small Estate Affidavit with death certificate, and a transfer form from the Secretary of State and submit those forms with the old title to the car. The papers must be filed with the Secretary of State.
In all probability the Department of revenue is going to want to have some documentation from the probate court as to your girlfriend's wishes with regard to her property. If she died within the last year and other words if no more than one year has passed since the date of her death you can still open an estate in the probate court and ask to be appointed as her personal representative. If this is the only asset that she had that is unaccounted for because of the lost title you may be able to use an abbreviated procedure such as a Refusal of Letters. If you use an abbreviated procedure you have to guarantee that you will pay her debts you may or may not wish to do this. If an estate is opened in the probate court and there is a full-blown administration you may or may not be entitled to any of her assets sense you were not married and thus you are not an heir at law. The fact that you are in possession of the vehicle does not necessarily give you a legal right to ownership.
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