I am taking care of our father's succession. How do I deal with his motor vehicles?

A: Under California probate law, if you are the personal representative of the estate, you may transfer the vehicles to their new owners without having to wait until the estate is closed. For this to happen, the vehicles must be in the decedent's name only, and there must be no doubt, either under the Will or under intestate succession, as to who is entitled to receive them. Also, there may be no objection to the transfer.

If a vehicle is owned in joint tenancy, its property will be transferred to the joint tenant. If there are doubts as to who will inherit the vehicles, the transfer of property must follow the probate process applicable to the rest of the decedent's estate.

If any vehicle is not yet fully paid for, the owed amount is normally transferred to the new owner, unless the Will says otherwise. A transfer on the signature of the personal representative is normally honored by the Department of Motor Vehicles (DMV), but they will only accept a transfer to a licensed driver. It is wise to make sure the vehicles are all covered by insurance to avoid any claim against the estate in case of an accident.

If no one wants the vehicles, the representative should sell them rapidly in order to avoid unnecessary expenses and depreciation.