I am trying to pay off my deceased father's car in order to get the title so I can put it in my name. I was told by motor vehicle that I need a letter from the probate court saying no one is going to challenge this. My father had no estate or executor. He lived with me for 20 years. I have one sister who lives in Georgia and know this is what I am trying to do. Do I need a letter from her? I have taken a loan from a bank in order to pay off his car. The bank is asking for a letter from the probate court. Do I just go to my probate court? Do I need to bring the death certificate?
State/Country relating to question: New Jersey
just obtaining a loan to pay off the car,
Dear JACUSTOMER - Yes you will need to go to the probate or surrogate court and obtain a letter of authority as being the administrator or personal representative of your father's estate. Technically you and your sister would split the estate if there was no will so she will have to sign a document releasing her interest in the estate in order for you to complete the process. We are not permitted to represent clients or prepare documents from this website but the probate or surrogate court should have the necessary forms available for you to fill out. There are also several on line sites that provide legal forms for all types of probate actions. Whenever there is property that is titled in the name of the deceased such as real estate or vehicles that property must go through the probate process in order to be transferred after death.
25 years practicing attorney
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