Selling a Deceased Family Member's Junk Car in Wisconsin

Managing the Estate: The Old Car in the Driveway

When a loved one passes away, handling their assets is an overwhelming task. Often, there is an old vehicle involved—maybe a “project car” in the garage or a daily driver that isn’t worth keeping. You want to sell it to clear up space and close the estate, but the title is in their name.

Legal Warning: You cannot just sign their name. Even if you are the spouse or only child, signing a deceased person’s name is fraud. You must legally transfer the authority to yourself first.

Here is how to do it correctly in Wisconsin.

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Method 1: Surviving Spouse (Simplest)

If you are the surviving spouse (Husband/Wife) and the vehicle was titled in:

1. Joint Names (“John AND Jane”): You automatically own it. You can sign as the survivor.
2. Deceased’s Name Only: Wisconsin allows a simplified transfer to a surviving spouse.
   • Form: MV3100 (Transfer by Affidavit).
   • Action: You fill out this form listing yourself as the spouse.
   • Sale: You give us the Title + The Completed MV3100 Form. You sign the title as yourself.

Method 2: Transfer by Affidavit (Small Estates < $50k)

If you are an heir (Subject to the “Order of Priority”: Spouse -> Children -> Parents -> Siblings) and the total value of the estate subject to administration is under $50,000.

• The Magic Form: MV3100 This form allows an heir to legally claim ownership of a specific vehicle without going through a full court probate process.

The Steps:

1. Download Form MV3100 from WI DOT.
2. Fill in the Vehicle Info (VIN, Make, Year).
3. Select “Transfer to Heir”.
4. Sign it before a Notary Public (Most banks do this for free).
5. To Sell to {businessInfo.name}: Hand us the Title + The Notarized MV3100.
   • You sign the title as “Seller” (Your Name).
   • We attach the affidavit to the title for the DMV.

Method 3: Personal Representative (Formal Probate)

If the estate is large or complex, the court will appoint a Personal Representative (Executor) to manage assets.

• The Proof: You will receive “Domiciliary Letters” or “Letters Testamentary” from the court. These are official papers stamped by the judge giving you power of attorney over the estate.

The Steps:

1. You act as the owner.
2. Sign the title: “John Smith, Personal Representative for the Estate of [Deceased Name]”.
3. Provide us with a copy of your Court Letters to prove your authority.

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What if the Title is Lost?

This makes it harder.

1. If you are the Surviving Spouse: You can apply for a replacement title and transfer it to your name simultaneously at the DMV.
2. If it’s a Junk Car: If the car is 10+ years old, we may be able to accept the MV3100 Affidavit + Death Certificate + Bill of Sale without the physical title, provided you are the clear legal heir. Call us to verify this based on the specific VIN.

The “Co-Owner” Trap

Check the title carefully.

• “John OR Jane”: If John passes, Jane can sell it immediately. No special paperwork needed.
• “John AND Jane”: If John passes, Jane needs to provide a copy of the Death Certificate to prove she is the sole remaining owner.

Summary Checklist for Sellers

If you are calling to sell a deceased family member’s car, please have ready:

1. The Title (if found).
2. The Death Certificate (Copy is okay).
3. Form MV3100 (if you are an heir) OR Court Letters (if Executor).

We handle these sensitive situations daily. Our drivers are trained to be respectful and patient while verifying the paperwork. We can help guide you on which form (MV3100 vs Probate) you likely need.

Disclaimer: We are a junk car buyer, not a law firm. For complex estates, consult your probate attorney.