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Q: Transfer of deceased mother's vehicle without probate in CT.
My mother was the sole owner of her vehicle, and we lived together while I was her caregiver. I have all the paperwork related to the vehicle, such as the title and registration. My mother did not have a will, and we do not plan to probate her estate. There are no existing claims or debts against the vehicle. Does the vehicle need to go through probate, and what paperwork is needed to transfer the title to myself as her daughter?
A: Provided that the vehicle and all other probate estate assets total less than $40k, an "Affidavit in Lieu of Probate" can be filed with the local probate court. There are 2 main forms for this simplified procedure: PC-212 and PC-212A. The car would then be divided between your mother's heirs, after satisfying or compromising with any known creditors. If you are the only child, then the court will issue a Decree ordering the car be transferred to you, which you can take to DMV, provided there are no unsatisfied creditors. An exception is available if your mother signed the beneficiary designation on the DMV registration, in which case you have 60 days from date of death to transfer the vehicle at DMV without probate.
A:
In Connecticut, if your mother died without a will and her estate is small, you may be able to transfer the vehicle without going through full probate. The state allows for a simplified process called “affidavit for transfer of personal property” when the total estate value is \$40,000 or less and no real property is involved. Since the vehicle is personal property, and there are no outstanding debts or competing claims, this method may apply to your situation.
To initiate the transfer, you’ll need to contact the Probate Court in the district where your mother lived and request the proper affidavit form. You’ll have to provide a certified copy of her death certificate, the vehicle title, registration, and possibly proof that you were her caregiver or next of kin. Once the court approves the affidavit, you can take it to the Department of Motor Vehicles (DMV) along with the original title and death certificate to complete the title transfer in your name.
Be sure to check whether there are any additional forms required by the DMV, such as a Connecticut DMV form for transfer on death or affidavit of ownership. If everything is in order and the vehicle is not part of a larger estate requiring administration, this process should allow you to assume ownership without formal probate. It’s important to act honestly and accurately throughout the process, so the transfer is recognized and recorded properly.
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