Do I Need to Surrender a Car Loaned to Me By a Deceased if the Estate Hasn't Been Probated?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether there is a creditor trying to repossess the car, whether another owner is named on the title, and who the car is left to in the will. Generally, the ownership of the car and any car payments due to creditors should be settled in the probate of the estate. However, if there is another owner named on the title as a joint owner with right of survivorship, they are entitled to the car upon the death of the other owner.
In Texas, where the value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000, a small estate may be administered by a small estate affidavit. After the affidavit has been approved by the court, the affidavit may be used to collect debts owed to the decedent.
The affidavit is filed with the clerk of the court in the county where the deceased resided. It lists certain information required by statutes, such as all of the known assets and liabilities of the estate, the names and addresses of the distributees, and the relevant family history or other facts concerning heirship that show the distributees' rights to receive the money or property of the estate. Please see the information at the link below for statutes and specific requirements. A link to an heirship affidavit has also been provided.