The topic of death can be difficult, especially when you are experiencing the death of a loved one. Unfortunately, death is a part of everyday life and something everyone experiences at some point. Thus, being able to navigate it is important. When you have property, such as a vehicle, what happens to it if you suddenly pass away? Understanding the probate process can be daunting, and what happens to your car after you pass away can be confusing. isure is here to help you understand the intricacies of this process and how it works. Here is everything you need to know about the probate process in Ontario and what happens to your car if you die.
What exactly is ‘probate’?
To understand what happens to your vehicle if you or a loved one dies, we must first delve into the vehicle probate process in Ontario. More importantly, what the probate process is exactly. According to Ontario.ca, a vehicle probate is the process of taking over someone’s estate once they pass away. This includes real estate, vehicles and other assets and liabilities. These together are known as a person’s estate and are transferred to someone known as an executor. An executor is a person who has been appointed by the deceased to carry out the wishes of their will after they pass away. Generally, the executor is a trusted friend or family member. A probate will validate a deceased person’s will and authorize the executor to distribute the estate and can differentiate whether a will is left or not.
What happens if the deceased doesn’t have a will?
If there is a will left behind, the executor will be named in the will as responsible for filing for probate. On the other hand, if no will is left, a close relative or other interested party can apply to be the estate minister.
What is the role of vehicle probate when it comes to cars?
Generally, the process of transferring car ownership after death requires going through probate. Specifically, this happens when the vehicle is known as a significant asset or when its ownership is not 100% clear. If the vehicle is part of an estate, it will be dealt with accordingly. This requires it to be legally transferred to new ownership as part of settling the estate.
How to transfer the ownership of a deceased person’s car
The process of transferring the ownership of a car has several steps, each equally as important as the next. By following these steps precisely, you can make the process of transferring ownership much easier.
1. Collect the necessary documents
- Death Certificate: A copy of the original owner’s death certificate is mandatory to confirm the death.
- Will or Testament: The will of the deceased will make the process easier by guiding the transfer of the vehicle. It also acts as proof that you are designated to inherit the vehicle.
- Vehicle ownership permit: A vehicle ownership permit is also mandatory when it comes to transferring the ownership of the deceased’s vehicle, and it should be in their name. This is that green piece of paper you receive when registering your vehicle with ServiceOntario.
2. File for vehicle probate
Once you have the necessary documents, you must apply for probate. According to the Ontario.ca website, the process begins by submitting the above documents to the court that are required by the estate court rules. From there, you will submit an application for a Certificate of Appointment of Estate Trustee at the Ontario probate court.
From there, you will have to pay the necessary probate fees. These fees can differ greatly depending on the value of the estate.
3. Visit a ServiceOntario Centre
Your final step will be to visit your local ServiceOntario Centre, where an appointment will likely be necessary. Be sure to bring the required documents mentioned above in addition to the proof of probate. From here, you will have the vehicle registered by the beneficiary or the new owner.
How long does the vehicle probate process take?
The length of the vehicle probate process in Ontario can vary significantly. Generally, you should expect to wait several weeks (or months) for the probate process. The length will depend on many different factors, including the complexity of the estate, as well as the efficiency of the court system. During this time, it is advised not to use the vehicle, as it cannot be legally transferred yet.
Is vehicle probate mandatory when it comes to transferring the ownership of a car?
Depending on the situation, probate is not always required when transferring the ownership of a deceased person’s car. If the vehicle has joint ownership and one person dies, it will automatically be transferred to the other co-owner without the need for probate. Additionally, if the value of the estate, or vehicle in particular, is small, probate may not be necessary. Outside of these instances, probate will generally be a requirement when it comes to transferring ownership.
How to dispose of or sell the car of someone who has died
So, what happens if you don’t want to transfer the ownership of the vehicle, but rather, sell it? If this is the case, there are a few steps you are going to need to follow.
- Determine the Executor: To progress, you must identify who is legally responsible when it comes to handling the deceased’s affairs.
- Obtain all necessary documents: Make sure to gather all necessary documents. These will be similar to those needed when filing for probate, including a will (if available), a death certificate and the vehicle ownership files.
- Cancel the vehicle registration: Visit a ServiceOntario centre and cancel the vehicle registration. To do this, you may be required to first transfer the ownership in your name.
- Make sure there are no outstanding loans: If there are outstanding loans on the vehicle, these must be paid. The Executor will be required to pay off any existing loans.
- Decide what you will do with the vehicle: From here, the executor will decide what is to be done with the vehicle. If the plan is to sell it, you can do so through a dealership or privately. Another option is to donate or scrap the vehicle if it isn’t functional.
- Cancel insurance coverage: Make sure the insurance coverage is cancelled immediately after the car has been sold or disposed of.
Vehicle probate: Conclusion
No matter the situation, remember to handle each situation with care to ensure everything is done legally (and respectfully). Death is a confusing and daunting time that everyone has to go through at some point. However, we hope the information we’ve provided above will help the vehicle probate process go as smoothly as possible. If you do acquire a new vehicle that requires a new auto insurance policy, be sure to contact isure for a car insurance quote today.
