Selling a car from an estate? We'll keep it simple.

If you’re the executor or administrator, you can usually sell a car from a deceased estate once you can show your authority to deal with it and how any loan on it will be paid out. Selling to a licensed dealer means a genuine offer by phone, no strangers at the house, and the money paid before the car is collected.

This page covers how a sale works with us. For the registration and probate steps in detail, read our guide to transferring a car after someone dies. Rules differ between states and this isn’t legal advice, so check anything you’re unsure about with the estate’s solicitor or your state’s transport authority.

Who can sell the car?

Usually the executor named in the will. The NSW Government’s guide for executors says an executor can be a family member, friend, solicitor or NSW Trustee and Guardian. If there’s no valid will, no executor is named, or the executor can’t or won’t act, someone applies for letters of administration, and that administrator deals with the car instead.

When a registered operator dies, Service NSW says the rego can go to the executor or administrator, a beneficiary (as advised by the executor or administrator), the surviving joint registered operator, the next of kin, or a buyer.

Two points often catch families out. First, a power of attorney ends when the owner dies, so it can’t be used to sell the car now. Our guide to selling a car with power of attorney explains the difference. Second, being a son, daughter or partner doesn’t on its own make you the person who signs. If you’re not sure who has authority, ask the estate’s solicitor before you accept an offer.

If the car was registered in two names, the surviving owner may be able to deal with it directly. In NSW, a surviving joint registered operator doesn’t need extra documents to transfer the rego.

What documents will you need?

You don’t need everything for the first call. We can price most cars from the make, model, year, kilometres and a few photos, then go through the paperwork with you.

The proof Service NSW lists applies when a registration is transferred after a death. Other states set their own lists, so we confirm what applies before anything is signed.

Do you need probate before you sell?

Not always. The NSW Government’s guide for executors says you’ll usually need to apply for probate or letters of administration within 6 months of the death. It also says you won’t need to apply when all the assets were shared with one person, or when the estate is under a certain amount. Whether this estate needs a grant is a question for a lawyer.

What matters for the car is whether you can show your authority to deal with it, using the documents in the table above. If the paperwork isn’t ready yet, a free valuation still tells you where you stand, with no obligation to sell.

Executors also owe a duty to the beneficiaries. The NSW guide warns that if assets aren’t sold at market value, beneficiaries could sue the executor to recover what they’re owed. Keep a record of the offers you received and why you chose the one you did.

State rules that change the steps

We’re a NSW licensed motor dealer buying Australia-wide, but the state where the car is registered decides the paperwork.

Usually no roadworthy or safety certificate is needed when you sell to us. Rules differ by state, so we confirm what applies to the car on the call.

Finance still owing on the car

A car loan doesn’t end when the borrower dies. If the lender registered a security interest over the car, it stays on the Personal Property Securities Register (PPSR) until the loan is paid out. It has to be cleared before the car can change hands free of finance.

Tell the lender about the death and ask for a payout figure. Check the loan papers too, in case insurance was attached.

When you sell to us, we deal with the lender directly to pay out the loan, then pay any equity left over. Cars under finance usually take 2 to 3 business days to settle. If the estate owes more than the car is worth, the difference has to be covered before settlement, and we show you the numbers before you decide. More on selling a car under finance.

Collection from the home, wherever you live

Many estate cars sit in the garage at the family home while the executor lives somewhere else, sometimes interstate. The inspection happens after you accept, at a time and place that suits you, and we arrange collection anywhere in Australia. If nobody can be at the house on the day, a key drop-off can be arranged. Our guide to collection and key drop-off shows how it works.

Until the car is collected, keep it insured and secure. The NSW guide for executors warns that you can be legally responsible for damage to property that hasn’t been secured or insured.

Before collection day, go through the car once more:

• Check the glovebox, boot, door pockets and under the seats for papers and personal items.
• Find the spare key, the service logbook and the owner’s manual.
• Take out the e-tag and any garage remote.
• Clear paired phones and saved addresses from the screen.

How payment to the estate works

The order is the same whoever is selling. You get a genuine offer by phone from a licensed dealer, not an online estimate. If you accept, we pay a deposit, often the same day. After the inspection, the balance is paid by bank transfer, and the car is collected only after you confirm the funds have cleared.

Many executors open a bank account in the estate’s name so that estate money stays separate from their own. Tell us on the call who is signing and which account the money should go to, and we confirm what we need to see before anything is signed. The NSW Government’s advice to sellers is not to sign anything that transfers ownership until you’ve been paid, and our order of payment is built around that.

We prepare the sale paperwork and help with the transfer of ownership. We’ll also make sure the notice of disposal or transfer is done the right way for the state. For an estate, that can mean a paper form or a visit to a service centre rather than the usual online form.

Take the time you need

Selling a car that belonged to someone close to you isn’t only a paperwork task. A valuation comes with no obligation, so you can get one early, talk it over with the family and decide when you’re ready. A private sale is an option, but it means a listing, phone calls and strangers test-driving the car from the house.

Sell Your Car Australia is run by Autohaus Australia Pty Ltd, NSW licensed motor dealer MD 077404, and by a valuer who has priced cars since 1992. We buy cars, utes, SUVs and 4WDs 2021 or newer with 100,000 km or less. If the estate car is older or has done more, send it through anyway and we’ll tell you straight away if we can help. The valuation is free, no fees are taken out of the offer, and you can call 1800 73 55 73 to talk it through.