{"id":154,"date":"2019-03-22T08:40:52","date_gmt":"2019-03-22T15:40:52","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=154"},"modified":"2024-07-31T10:28:56","modified_gmt":"2024-07-31T17:28:56","slug":"how-does-executer-sell-car-during-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/how-does-executer-sell-car-during-probate\/","title":{"rendered":"How Does an Executor Sell a Car During Probate?"},"content":{"rendered":"

Introduction<\/h2>\n

When you pass away, all of your individually-owned assets are \u201clocked\u201d until someone receives court authority to access them. In probate, that individual is known as your estate\u2019s personal representative<\/a> (also known as an executor in other states). Whether you nominate the personal representative in your will or a family member petitions to serve as the personal representative, he or she can\u2019t take control of your assets until the probate court formally appoints them and issues Letters Testamentary to prove their authority. As such, the personal representative won\u2019t be able to access or sell any estate assets until probate is opened.<\/p>\n

Note that this rule only applies to a decedent\u2019s individually-owned assets\u2014it does not apply to assets with a joint owner with rights of survivorship (JTWROS). Probating the decedent\u2019s share of ownership in JTWROS property isn\u2019t necessary, and the joint owner is free to sell the asset immediately after the decedent passes away (though the title company may need to see a copy of the death certificate).<\/p>\n

What is Probate?<\/h4>\n

Probate is the process of settling a decedent\u2019s liabilities and distributing their remaining assets. Most probate cases are guided by the decedent\u2019s last will and testament, where the testator (the person writing the will) nominates a personal representative, chooses a guardian for minor children (if applicable), and bequeaths his or her assets. When someone dies without a will, their estate is considered \u201cintestate<\/a>\u201d and will be probated according to the state\u2019s intestacy laws.<\/p>\n

In the state of Arizona, probate is guided by the Uniform Probate Code (UPC<\/a>). The UPC has been adopted in its entirety by 18 states and partially by most other states, and is intended to unify probate proceedings across state lines. The guidelines in the UPC are codified in Arizona Revised Statutes Title 14 (ARS 14<\/a>).<\/p>\n

How to Be Appointed as Personal Representative of an Estate<\/h4>\n

If you have been nominated to serve as the personal representative to an estate, or if you wish to be appointed personal representative to an intestate estate, you\u2019ll need to file a petition for probate with the probate court in the county where the decedent lived or owned property. Every county has its own forms and requirements, so it\u2019s best to check the county probate court\u2019s website or call the court clerk to determine exactly what you need to submit. As an example, here\u2019s what the Maricopa County probate court requires:<\/p>\n