QUESTION
Does this car have to go thru probate?
Asked on Apr 12th, 2013 on Wills and Probate - Illinois
More details to this question:
My father died in Illinois, and left a car in his name only. I am the executor of the will. However, there is no T.O.D. on car title. I want to sell/get rid of the car. Do I have to put it through probate to get a clear title?
1 ANSWER
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It depends. Is a probate estate opened? If the answer is yes, then the car needs to be handled as part of the estate. If no probate estate is opened and there are no other probate assets, and there are no unpaid debts, you could obtain a small estate affidavit from the Secretary of State's office and handle it that way. if there are other assets, it will depend on the total value of the assets or if there are debts that are unpaid, there may be no choice but to open a probate estate.
Answered on Apr 23rd, 2013 at 9:48 PM