How do I transfer a deceased relative's vehicle into my name?

Asked almost 5 years ago - Portland, OR

My brother recently died. He owned a vehicle free and clear but left no will. I am next of kin. How do I get the vehicle into my name so I can sell it or donate it to the local rescue mission?

Attorney answers (2)

  1. Sara K Yen

    Contributor Level 8

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    Answered . In addition to the small estate probate process already mentioned, you may be able to just use an Inheritance Affidavit.

    See the form here: http://www.odot.state.or.us/forms/dmv/516fill.pdf

    See more information in general from the DMV here: http://www.oregon.gov/ODOT/DMV/vehicle/inherit....

    The form has to be signed by all heirs, as determined by Oregon statute. The general order of heirship is as follows:

    1. Surviving spouse if there are no children, or if all children are from that relationship
    2. Surviving spouse and children if there are children from previous relationship(s)
    3. Issue (children, and grandchild of a predeceased child)
    4. Parent(s)
    5. Sibling(s)
    6. Grandparent(s) (or aunts/uncles if grandparents are deceased)

    In your case, you are in spot #5 on the list. You can complete the Inheritance Affidavit with the DMV if there are no surviving family members from any of the spots #1-4.

  2. Sarah E. Adams

    Contributor Level 9

    Answered . First, I am sorry for your loss.

    Depending on which county your brother lived in and held property, his estate may qualify for filing a small estate affidavit (< $200,000) to expedite the probate process. Your local county courthouse may have forms available for your use, or a legal supply store such as Stevens Ness.

    The following links provide county-specific information.

    For Marion County: http://www.oregon.gov/Marion/docs/MaterialsAndR...

    For Washington County:
    http://courts.oregon.gov/Washington/docs/probat...

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