Technically you have to wait until probate is granted. However if there is no possible dispute just go and do it.
Thread is here:
www.honestjohn.co.uk/forum/post/index.htm?v=e&t=22...5
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"(I'm sure he won't mind me mentioning this)"
Don't mind at all:)
Cabsmanuk, firstly, my condolances for your loss.
Secondly, as Charles rightly pointed out I recently had to do the same when my mother passed away suddenly last year. IIRC the process is much the same as if you had just transferred it from a living previous owner.
In our case I "bought" the car off the estate for a price between that of a private sale and that the estate would have fetched from a franchise dealer. I agreed this with the other two beneficiaries on the basis that if I didn't keep it and sold it for more I would split the profit in equal shares among the beneficiaries.
As far as legal ownership is concerned, the car will no doubt be an item on the probate details, ie the details of the value of the estate.
The executor should sign the space on the V5 on behalf of the estate. Inclusion of a letter explaining the situations together with a sealed copy of the Grand of Probate or at least the Death Certificate would help. Also, ask for the safe return of the DC or GoP. These cost money and you may need to use the copies more than once. I as sole executor had to sign it and my wife was the new name on the V5.
If you and your sister are both executors, it may be a good idea to ask your sister to sign the form as the executor and thus effectively sign the car over to you. Whether she signs it or you do makes little difference the the DVLA. It's just that both parties being involved embraces a sense of cooperation between the two of you.
When you and your sister agree who is having what WRT the chattles etc, it would be a good idea to list them against each recipient with a value against each item. Include the car along with everything else.
Excel is a great tool for this type of work.
I should point out that this is what we did. It seemed to work for us. The DVLA bit will work for you. The rest, you may want to seek a solicitor's advice about if you haven't already done so. Also, you may want to wait for Probate to be granted, unless it has been already. What I did in forging ahead with the transfer before Probate was considered by some here to be ill advised in case probate was not granted for any reason. My late mother's solicitor must have been pretty sure of himself as he did not consider that I should wait for Probate.
Finally I should add a warning, incase it should cause you or any other berieved any distress. Despite your telling DVLA that the owner is deceased, they will still write to the deceased to tell them that the car has now been transferred away from their name. Crazy I know! I would have thought that such a letter should be addressed to the executor.
Hugo
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Sorry, forgot to add....
Inurance - cancel your mother's insurance and any remaining breakdown cover she may have - you'll get refunds etc.
Take out insurance in your name and use this to tax the vehicle.
H
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