Estate Law Questions? Ask an Estate Lawyer.
I am executor of my brother's estate. He has a Harley Davidson paid in full. My younger brother (can assist me as executor if I am unavailable according to Will) would like to buy it. Is it possible to have the title transferred by me, the executor, to the buyer without going thru probate or does this title need to be transferred in the deceased daughter's name?
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help. The only way to transfer the title of the bike is to have authorization to do so. You would need to probate the will to get letters authorizing you as the Executor to transfer title of the bike. Technically, you would obtain the fair market value of the bike and sell it. You can sell it to your brother, and the estate would obtain the proceeds for distribution pursuant to the Will. In other words, everything has to go through the estate in the probate proceeding because otherwise, you could be subject to malfeasance as the Executor. If this is a small estate, you can see if there are forms for a small estate which would make the process simpler and faster. I hope this response answers your question. If you need further assistance or clarification, let me know. Best regards, Damien