Selling a deceased relative's car in Illinois

Clearing out a parent’s or relative’s home often turns up a car nobody plans to drive. Maybe it’s been in the garage for years. Maybe it doesn’t start. Selling it as junk is simple once one question is answered: who has the legal right to sign?

Illinois answers that in a few different ways, depending on how the car was titled and whether the estate goes through probate. The Secretary of State lays it out on its deceased-owner page.

Start with the title: one name or two?

• Two or more names. “A title in the names of two or more persons is considered to be in joint tenancy,” per the Secretary of State. The surviving owner owns the car by law and must apply for a title in their name within 120 days of the death, unless they’re transferring it. A $15 corrected-title fee applies when a co-owner dies.
• One name, the person who died. Then it depends on probate.

If the estate is in probate

The executor or administrator signs. You’ll need:

1. A certified copy of the letters of administration or letters testamentary from the court.
2. The title, assigned by the estate’s legal representative to the buyer.
3. An Application for Vehicle Transaction(s), form VSD 190, if the title is being transferred through the Secretary of State.

If there’s no probate: the small estate affidavit

Illinois has a shortcut when the estate isn’t probated and the personal estate is $100,000 or less. Under 755 ILCS 5/25-1, the affidavit states that no letters of office are outstanding or planned and that the gross personal estate doesn’t exceed $100,000, with the death certificate attached.

For a vehicle, the Secretary of State says:

• The affidavit lists the car’s year, make and VIN.
• The affiant doesn’t have to be an heir or legatee.
• The title doesn’t need to be assigned.
• Include a copy of the death certificate and form VSD 190.

625 ILCS 5/3-114(b) says the Secretary of State furnishes the Small Estate Affidavit form, and the transferee files within 120 days.

Other routes

The “I inherited a vehicle” checklist walks through these questions in order: probate, an estate under $100,000, an attorney’s affidavit, and if none apply, a court order.

Do you need to retitle before junking it?

Not always. The point is that the person who signs the car over has to be the person the law recognizes. In many cases that means selling the car with the estate paperwork in hand rather than putting it in your own name first. Scrap buyers holding an Illinois license must collect documentary proof of ownership before taking a vehicle under § 5-401.3, so call us with what you have and we’ll tell you whether it’s enough for the pickup, or what’s missing.

If the title is lost, the Secretary of State accepts a lost-title statement inside the small estate or attorney’s affidavit; no duplicate title is needed for this process.

Loose ends after the sale

• Plates: in Illinois, plates belong to the owner, not the vehicle, according to the Secretary of State. Remove them before the car leaves.
• Loans: if the car still had a loan, the lien has to be released first. See selling a car with a lien.
• City sticker: a Chicago city sticker belonged to the person, not the car. See the city sticker after selling a car.
• Insurance and registration: cancel once the car is sold.

For the sale itself, see cars without a title. This guide summarizes the state’s published process; for a complicated estate, talk to the estate’s lawyer.