How Long Can You Drive A Deceased Person’s Car? (Laws You Need To Know)

How Long Can You Drive A Deceased Persons Car - What Happens If You Drive A Deceased Persons Car - What Happens To A Vehicle When The Owner Dies

How long can you drive a deceased person’s car? 

It’s not something most people want to think about.

But you’ve inherited a vehicle from a loved one who has passed away.

You may be wondering how long you have until you need to:

  • transfer ownership
  • take other legal steps

The answer is not straightforward, and it depends on a variety of factors. 

In this article, we’ll explore the ins and outs of driving a deceased person’s car

Let’s dig in.

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Key Points About Driving A Deceased Person’s Car

  • Depending on your state, you can drive a deceased person’s car for 30 days. 
  • Make sure you have legal permission to use the car.
  • Check the car’s registration and insurance.
  • Be prepared to show documentation if pulled over.
  • Handle any outstanding debts or liens on the car.

How Long Can You Drive A Deceased Person's Car

How long you can drive a deceased person’s car depends on the state you’re in. 

Generally, you have 30 days to transfer ownership to an heir. 

Meaning that you have 30 days that you can drive a deceased person’s car. 

After that, you are breaking the law and can face:

Read More: Is It Illegal To Drive A Car Registered To A Deceased Person?

What Documents You Need If Pulled Over In A Deceased Person’s Car

If you get pulled over in a deceased person’s car, you should have:

  • Title of the car. The car’s title is a legal document that proves ownership of the vehicle. Let’s say you’re driving a deceased person’s car. You need to have the title with you to prove that you have the right to be driving the vehicle. If the car is still in the deceased person’s name, you may need to show additional documentation. This could be a court order or letter of testamentary to prove that you have the right to use the car.
  • Proof of insurance. Just like with any car, you need to have proof of insurance if you get pulled over in a deceased person’s car. This can be a physical copy of your insurance card, or you can show proof of insurance on your phone or another electronic device.
  • Proof of ownership of the car. This could be the title or registration for the car. This proves that you have the legal right to drive the vehicle.  If the car is still in the deceased person’s name, you may need to show additional documentation. This could be a court order or letter of testamentary to prove that you have the right to use the car.
  • Proof that the car has been transferred to the rightful heir of the vehicle. If the deceased person’s car has been transferred to you, as the rightful heir of the vehicle, you need to have documentation proving that you are the new owner. This could be a signed and notarized bill of sale, a court order, or a copy of the title showing the transfer of ownership.
  • Proof of death. If the car is still registered in the deceased person’s name, you may need to show proof of their death, such as a copy of the death certificate, to explain why the car is no longer in their possession.

What Happens If You Drive A Deceased Person's Car

Let’s say you:

  • drive a deceased person’s car without legal permission
  • fail to properly transfer ownership

You could face legal consequences for doing so. Here are some of the potential issues that may arise:

  • Insurance issues. Let’s say you are not listed as an authorized driver on the car’s insurance policy. You may not get covered in the event of an accident. You could be held personally liable for any damages or injuries that occur while driving the car.
  • Registration and license issues. Let’s say the car is not properly registered or you do not have a valid driver’s license. You could face fines, points on your license, or even license suspension.
  • Legal liability. Let’s say the deceased person had outstanding debts or liens on the car. You may get held liable for these debts if you drive the car without properly handling them. You could also face legal consequences if you are caught driving the car illegally. Or if you are involved in an accident.
  • Family disputes. Driving a deceased person’s car could lead to family disputes. Especially if it’s driven without proper permission or in violation of a will. This could lead to legal battles inside the family.
  • Criminal charges. Driving a deceased person’s car without proper permission could lead to criminal charges. You can face fines, jail time, and license suspension.

Here is a list of the penalties for driving a deceased person’s car by state. 

They are the max penalties – not the standard ones. 

You likely won’t go to jail for driving your grandma’s car the week after she dies. 

(But just in case you do, I have to say that it’s possible.)

State Max Fines Jail Time License Suspension Criminal Charges
Alabama $500 30 Days Up to 6 Months Misdemeanor
Alaska $500 30 Days Up to 6 Months Misdemeanor
Arizona $500 30 Days Up to 6 Months Misdemeanor
Arkansas$500 30 Days Up to 6 Months Misdemeanor
Colorado$500 30 Days Up to 6 Months Misdemeanor
Connecticut$500 30 Days Up to 6 Months Misdemeanor
Delaware$500 30 Days Up to 6 Months Misdemeanor
District of Columbia$500 30 Days Up to 6 Months Misdemeanor
Florida $1,000 60 Days Up to 1 Year Misdemeanor
Georgia$5,000 1 Year Up to 4 Years Felony
Hawaii $500 30 Days Up to 6 Months Misdemeanor
Idaho $500 30 Days Up to 6 Months Misdemeanor
Illinois$500 30 Days Up to 6 Months Misdemeanor
Indiana $500 30 Days Up to 6 Months Misdemeanor
Iowa $500 30 Days Up to 6 Months Misdemeanor
Kansas $500 30 Days Up to 6 Months Misdemeanor
Kentucky$500 30 Days Up to 6 Months Misdemeanor
Louisiana$500 30 Days Up to 6 Months Misdemeanor
Maine $500 30 Days Up to 6 Months Misdemeanor
Maryland$500 30 Days Up to 6 Months Misdemeanor
Massachusetts$500 30 Days Up to 6 Months Misdemeanor
Michigan$500 30 Days Up to 6 Months Misdemeanor
Minnesota$500 30 Days Up to 6 Months Misdemeanor
Mississippi$500 30 Days Up to 6 Months Misdemeanor
Missouri$500 30 Days Up to 6 Months Misdemeanor
Montana $500 30 Days Up to 6 Months Misdemeanor
Nebraska$500 30 Days Up to 6 Months Misdemeanor
Nevada $500 30 Days Up to 6 Months Misdemeanor
New Hampshire$500 30 Days Up to 6 Months Misdemeanor
New Jersey$500 30 Days Up to 6 Months Misdemeanor
New Mexico$500 30 Days Up to 6 Months Misdemeanor
New York $500 30 Days Up to 6 Months Misdemeanor
North Carolina$500 30 Days Up to 6 Months Misdemeanor
North Dakota$500 30 Days Up to 6 Months Misdemeanor
Ohio $500 30 Days Up to 6 Months Misdemeanor
Oklahoma$500 30 Days Up to 6 Months Misdemeanor
Oregon $500 30 Days Up to 6 Months Misdemeanor
Pennsylvania$500 30 Days Up to 6 Months Misdemeanor
Rhode Island$500 30 Days Up to 6 Months Misdemeanor
South Carolina$500 30 Days Up to 6 Months Misdemeanor
South Dakota$500 30 Days Up to 6 Months Misdemeanor
Tennessee$500 30 Days Up to 6 Months Misdemeanor
Texas $2,000 180 Days Up to 2 Years Felony
Utah $500 30 Days Up to 6 Months Misdemeanor
Vermont $500 30 Days Up to 6 Months Misdemeanor
Virginia$500 30 Days Up to 6 Months Misdemeanor
Washington$500 30 Days Up to 6 Months Misdemeanor
West Virginia$500 30 Days Up to 6 Months Misdemeanor
Wisconsin$500 30 Days Up to 6 Months Misdemeanor
Wyoming $500 30 Days Up to 6 Months Misdemeanor

How To Drive A Deceased Person’s Car

You need to figure out how to transfer ownership to the heir. 

The following steps need to be taken to transfer ownership of the vehicle:

  1. Locate the car’s title: The car’s title is a legal document that proves ownership of the vehicle. If you can’t find the title, you’ll need to apply for a duplicate title through your state’s Department of Motor Vehicles (DMV).
  2. Obtain a death certificate: The executor will need a copy of the deceased person’s death certificate to prove that they have passed away.
  3. Check if there’s a lien on the car: The executor needs to check if there is a lien on the car. If the deceased person had a car loan, there may be a lien on the car. In this case, the executor will need to contact the lender to find out how to pay off the loan and obtain the lien release. 
  4. Transfer ownership: Once the executor has the title and death certificate, they can transfer ownership of the car. This typically involves completing the back of the title with the buyer and seller information, signing it, and submitting it to the DMV. The executor will also need to provide documentation showing that they have been appointed as the estate’s representative, such as letters of testamentary or letters of administration. Any applicable fees will also need to be paid from the estate accounts.
  5. Register the car: After the ownership transfer is complete, the executor will need to register the car in the estate’s name with the DMV. This typically involves filling out a registration application, providing proof of insurance, and paying the registration fee.
  6. Obtain new plates: If the car had personalized license plates, the executor may need to return them to the DMV and obtain new plates in the estate’s name.

These steps may vary depending on your state’s laws and regulations. 

It’s a good idea to contact:

  • your local DMV 
  • your probate attorney

They can ensure that you’re following the proper procedures.

FAQs About Driving A Deceased Person’s Car

These are questions our estate planning and probate clients ask us. 

My Dad Passed Away Can I Drive His Car?

In most cases, you cannot legally drive your dad’s car if he has passed away. 

The car would likely become part of your dad’s estate.

The executor of the estate would need to transfer ownership to you.

What Happens To A Financed Car When Someone Dies?

When someone with a financed car dies, the car loan still needs to get paid. 

The car may need to be sold or repossessed to satisfy the outstanding loan.

Or the executor of the deceased person’s estate may be able to assume the loan. 

They can continue making payments from the estate account.

What Happens To A Vehicle When The Owner Dies?

When the owner of a vehicle dies, it becomes part of the decedent’s estate. 

The vehicle may then be transferred to the estate’s rightful:

  • heir
  • beneficiary of the estate

Or it could get sold to pay off any of the deceased person’s outstanding

  • debts 
  • taxes 

The process varies by state. 

And it depends on whether the deceased person had a will or trust.

Is It Illegal To Drive A Car Registered To A Deceased Person?

If you’re driving a car registered to a deceased person, it is:

  • legal if it’s within 30 days of them passing
  • illegal if they passed away more than 30 days ago

Transfer A Deceased Person's Car To Your Name

If you have possession of a deceased person’s car, fill out the form below. 

We can get the title transferred to your name. 

This way, you’re not breaking any laws and facing:

  • fines
  • jail time
  • criminal charges
  • license suspension

Talk soon!

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