When there is no will
If the deceased had no will, then they’re considered to have died “intestate.”
Their estate still needs to be settled, however, and the relevant probate court—meaning the court of the county or state where the deceased lived at the time of death—will nominate a so-called estate administrator, which is basically the same thing as an executor.
Usually, the deceased’s next-of-kin petition the court to be the administrator. Once an administrator has been appointed, that person will have to apply for probate and obtain letters of administration from the court, which will give them the legal authorization to settle the estate and handle the potential sale of any assets.
When there is a will
If there is a will, then the person who has been named as the estate executor in the will must formally apply for probate with the relevant probate court by submitting the will, a copy of the death certificate, and a petition for probate.
Once the petition has been approved, the executor will receive letters of testamentary from the court. These documents will give the executor legal authority to take possession of the car and manage or sell it.
Once the letters of administration or letters of testamentary have been received, you’ll need to obtain the title for the car and have it transferred over to you. If the deceased did not have this among their documents, you can request it from the DMV or the Ministry of Transportation.
You are now effectively the owner of the car. As executor, you will then have to take the following steps before putting the car up for sale: