When a loved one passes away, managing their belongings can be overwhelming—especially when it comes to transferring or selling assets like a vehicle. In South Carolina, selling a car from an estate involves more than just handing over the keys. Whether you’re an executor, a surviving spouse, or a family member, understanding the legal steps to sell a deceased person’s vehicle is essential to avoid delays and protect yourself from liability.
Step 1: Determine If Probate Is Required
The first step is to confirm whether the estate will go through probate—the legal process used to distribute a deceased person’s assets. If the deceased left a will, the named executor is responsible for handling estate matters, including vehicles. If there’s no will, a personal representative must be appointed by the probate court.
However, small estates in South Carolina (valued at under $25,000 and without real property) may qualify for summary administration—a simplified probate process. In these cases, heirs may be able to transfer and sell the vehicle with less paperwork.
Step 2: Locate the Vehicle Title
To sell the car, you’ll need the original title in the name of the deceased. If it cannot be found, the executor or representative must request a duplicate title from the South Carolina Department of Motor Vehicles (SCDMV).
Keep in mind: you cannot legally transfer or sell the vehicle without the title—even if you’re the next of kin.
Step 3: Get Court Authorization (If Required)
If the estate is going through formal probate, the court may need to approve the sale of the vehicle—especially if:
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There are multiple heirs with a claim to the car’s value
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The will doesn’t specifically name the vehicle or assign it to a beneficiary
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There is no will, and the personal representative needs to liquidate assets
Once approved, the personal representative can sign the title and bill of sale on behalf of the estate.
Step 4: Complete the Title Transfer
To sell the vehicle legally, the following documents are typically required:
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The original vehicle title, signed by the personal representative
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A copy of the death certificate
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Certified copies of Letters Testamentary or Letters of Administration (proving authority to act on behalf of the estate)
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A Bill of Sale listing the estate as the seller
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A completed Title Application (Form 400) from the SCDMV
These documents are submitted when the buyer registers the vehicle in their name.
Step 5: Cancel Insurance and Notify the DMV
After the sale, be sure to:
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Cancel the vehicle’s insurance policy
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Remove the vehicle from the estate’s asset list
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Notify the SCDMV of the sale, especially if you’re closing the estate
This protects the estate from future liability, such as toll violations, tickets, or accidents involving the vehicle.
Bonus Tip: Consider the Tax Implications
South Carolina does not charge sales tax on gifts or inherited vehicles—but a sale from an estate is considered a taxable transaction. The buyer will owe Infrastructure Maintenance Fees (IMF) and title/registration fees unless exempt.
If you’re unsure whether selling the vehicle is better than transferring it to an heir, an estate planning attorney can help you weigh your options.
Don’t Risk a Legal Mistake—Get Professional Help
At Mulet Law, we guide South Carolina families through every stage of the estate process—including asset transfers like vehicles. Whether you’re selling a car as part of probate or navigating a small estate, we’ll make sure the process is smooth, legal, and stress-free.
📞 Contact Mulet Law today to schedule a consultation and get help selling or transferring a vehicle from an estate the right way.