This guide explains how to sell a deceased person’s car in Australia, including legal steps, estate transfer rules, and ownership documentation for 2025.
Selling a Deceased Person’s Car in Australia – What You Need to Know
If you’ve recently lost a loved one and are now in charge of managing their vehicle, you’re probably wondering, “Can I sell a deceased person’s car in Australia?” or “What if the car wasn’t in my name?”
You’re not alone. Every year, thousands of Australians find themselves needing to sell a car from a deceased estate, but most have no idea where to start. The process can feel confusing, emotional, and legally unclear — especially when paperwork is missing or shared ownership is involved.
In this guide, we’ll walk you through everything you need to know, including:
- What documents are required to transfer or sell the car
- How to handle a car if it’s not in your name
- What to do if there’s no will or multiple heirs
- Whether you need a roadworthy or registration
- How to protect yourself legally during the sale
Whether you’re an executor, next of kin, or simply trying to help your family move forward, this step-by-step guide will help you legally and confidently sell a deceased person’s car in Australia.
Can You Sell a Deceased Person’s Car in Australia?
Yes, you can legally sell a deceased person’s car in Australia, but only under certain conditions. The process involves proving your legal authority to sell the vehicle and following state-specific transfer procedures — especially if the car was registered in the deceased person’s name.
This situation most commonly arises after the death of a parent, spouse, or family member, and often catches people off guard. Whether the car is registered or unregistered, running or not, it cannot be sold legally until ownership is properly transferred or disposed of through a legal process.
Who Can Sell a Deceased Person’s Car?
Only the person legally responsible for managing the deceased’s estate — such as the executor of the will, or an administrator appointed by the court — has the authority to sell the vehicle.
If there is a will:
- The executor named in the will is responsible for managing all assets, including any vehicles.
If there is no will:
- A close family member (usually a spouse, child, or sibling) must apply for Letters of Administration to act as the estate’s administrator.
Only these individuals can sell a deceased person’s car or transfer ownership to someone else.
Can I Sell the Car If I’m Not the Executor?
No — not without written legal authority. Even if you’re a relative or have access to the car, you cannot sell it unless:
- You’re named in the will
- You’ve been legally appointed to manage the estate
- Or you’re acting under a formal agreement (e.g. Power of Attorney prior to death is invalid after death)
Trying to sell a deceased person’s car without legal authority may result in disputes, blocked registration transfer, or legal action by other family members.
When You Can’t Sell It
You cannot legally sell the vehicle if:
- The estate has not been settled or granted probate
- There are multiple heirs in dispute
- You don’t have legal proof of death or ownership transfer rights
In these cases, it’s best to wait for probate or apply for Letters of Administration before proceeding.
Required Documents to Sell a Deceased Estate Vehicle.
Before you can legally sell a deceased person’s car, you’ll need to gather a few key documents that prove both ownership and your authority to handle the estate. Requirements vary slightly by state, but the core documents remain the same throughout Australia.
Here’s what you typically need:
1. Death Certificate
This is the most important starting point. You’ll need a certified copy of the death certificate to begin any estate-related transfers. This verifies the individual has passed and that estate assets, including the vehicle, are now part of the legal estate.
2. Proof of Legal Authority (Executor or Administrator)
You’ll also need documentation showing you’re legally allowed to manage the estate. This can include:
- A will naming you as executor, or
- Letters of administration if there is no will
Without these, you won’t be able to complete the title transfer or legally sell a deceased person’s car — even if you’re a family member.
3. Vehicle Details
If available, collect:
- The registration certificate (even if expired)
- The Vehicle Identification Number (VIN)
- The engine number
- Any recent service records or maintenance history
Note: Even if the rego is expired, you can still sell a deceased person’s car by disclosing its unregistered status. Our separate guide on selling an unregistered car explains that process.
4. Transfer Forms
Each state has slightly different paperwork, but in NSW you’ll need:
- The Notice of Disposal
- A completed Transfer of Registration form
- A completed deceased estate vehicle transfer declaration
For a full list of forms and eligibility, refer to this official government resource:
NSW Government – Deceased Estates and Vehicle Transfers
How to Transfer Ownership From a Deceased Person
Once you have all required documents in hand, the next step to legally sell a deceased person’s car is to transfer ownership through your state’s transport authority. This ensures the car is no longer legally tied to the deceased estate and avoids complications during or after the sale.
Step-by-Step: Transferring Ownership in NSW
In New South Wales, the process is managed through Service NSW. Here’s what you need to do:
- Gather required documents
- Death certificate
- Will or letters of administration
- Vehicle registration details (if available)
- Proof of identity
- Complete the required forms
- Notice of Disposal
- Transfer of Registration form
- Deceased Estate Transfer Declaration
- Visit a Service NSW centre
Bring all paperwork and submit it in person, or follow instructions for mailing documents if you’re outside NSW. - Pay applicable fees
- Stamp duty may apply unless the transfer is within immediate family or part of a formal estate distribution
- Admin or transfer fees depending on circumstances
Once completed, the car is no longer under the deceased’s name, and you can now proceed to sell the deceased person’s car privately or via trade-in.
If the registration is expired, make sure to review our guide on how to sell a car with expired registration in NSW for compliance steps.
Can You Sell the Car Before Transferring Ownership?
Not legally. Attempting to sell the car while it’s still registered under a deceased person’s name could:
- Block the buyer from transferring it
- Create legal disputes
- Lead to rejected registration or even financial penalties
If you’re dealing with an unregistered vehicle, see our guide to selling an unregistered car for detailed help.
Can You Sell a Car Not in Your Name?
This is one of the most frequently asked questions when someone needs to sell a deceased person’s car — especially when the vehicle is still registered in the name of the deceased and the seller isn’t the registered owner.
The short answer is: No, you cannot sell a car legally if it is not in your name, unless you are the executor or administrator of the estate and follow the proper process.
Why Name on Registration Matters
The name on the registration certificate determines who legally owns the vehicle — not who possesses the keys. This means even if the car is in your driveway, you cannot sell it unless:
- You have legally transferred ownership first
- Or you are authorized by law as the estate executor or administrator
If you try to sell a car not in your name, the buyer will not be able to transfer the registration, and it may be flagged for review or rejected by Service NSW or VicRoads.
Common Situations When This Happens
- The car belonged to a deceased parent or spouse
- You inherited the vehicle but didn’t transfer the title
- You’re helping a family member sell the vehicle but aren’t the legal owner
In all of these cases, you must legally transfer ownership before selling, especially if you intend to list the car on online platforms or trade it in.
Refer to our detailed guide on how to sell a car in Australia for general title transfer tips and documentation.
What About Selling With Verbal Permission?
A verbal agreement or even a family understanding is not legally valid. Transport authorities and buyers require written documentation, such as:
- The transfer of registration
- Proof you are managing the estate
- Signed Notice of Disposal forms
If these aren’t available, it’s safest to wait until you are legally authorized to sell a deceased person’s car.
Selling a Deceased Relative’s Car Without Rego
It’s very common to find yourself needing to sell a deceased person’s car that no longer has valid registration — especially if the car hasn’t been used in months or years. Fortunately, it’s legal to sell an unregistered vehicle in Australia, including those from a deceased estate, as long as proper disclosures and steps are followed.
Can You Sell a Deceased Person’s Car Without Registration?
Yes, you can. If the registration has expired or the car was deregistered, it is perfectly legal to sell a deceased person’s car without current rego. However, you must:
- Be legally authorized to act on behalf of the deceased
- State clearly in your listing that the car is unregistered
- Remove and return the plates (if still attached and rego expired more than 3 months)
- Provide a bill of sale and Notice of Disposal to protect yourself legally
You can find more details about how to sell an unregistered vehicle in our dedicated guide on selling an unregistered car in Australia.
What If the Car Is Also Damaged or Not Running?
If the car is unregistered and not drivable, it may still have value — especially to wreckers, private buyers looking for parts, or collectors.
Many estate managers choose to sell a deceased person’s car to a wrecker, as they often offer:
- Free towing
- Cash payments
- No need for registration or roadworthy certification
For more information, check out our post on how to sell a damaged car, which also applies to inherited vehicles.
Considerations Before Listing
- Make sure to keep documentation such as the death certificate and transfer forms
- Always disclose the vehicle’s status honestly
- Clarify whether a pink slip or roadworthy certificate is available or needed
If the car hasn’t been driven for a long time, it may also require basic maintenance or cleanup to attract better offers. However, if the goal is to quickly sell a deceased person’s car, don’t waste money on major repairs — many buyers will accept the car as-is.
Legal Risks and Mistakes to Avoid When Selling a Deceased Estate Vehicle
When you need to sell a deceased person’s car, it’s essential to follow legal protocols. Even if you have good intentions, skipping the right steps can create complications for both the seller and the buyer. Below are common legal mistakes and how to avoid them when managing a vehicle from a deceased estate.
1. Selling Without Proof of Legal Authority
One of the most serious mistakes is attempting to sell a deceased person’s car without being named as the executor in the will or appointed administrator by the court.
If you are not legally authorized:
- The buyer may be unable to transfer the vehicle
- You could be held liable for misrepresentation
- The estate may face disputes from other heirs
Always wait until you have proper authority before listing the car. If you’re unsure of your role, consult a legal advisor or visit the NSW Service website for deceased estate vehicle transfers.
2. Failing to Lodge a Notice of Disposal
After you sell the vehicle, you must file a Notice of Disposal with your state’s transport department. Failing to do so means you could still be:
- Held responsible for tolls or traffic fines
- Linked to legal issues if the buyer misuses the car
Whether you sell the car privately, to a dealer, or to a wrecker, always complete the Notice of Disposal as soon as the sale is made.
3. Selling Without Disclosing the Vehicle’s History
Even if the car belonged to a loved one, you are still legally required to disclose:
- Whether it’s registered or unregistered
- If it’s damaged, has finance owing, or is a repairable write-off
- The real condition of the car, even if not obvious to the buyer
Transparency is key when you sell a deceased person’s car, especially if you’re managing the sale on behalf of others.
4. Not Verifying Outstanding Debts or Finance
Before you sell, use a PPSR check to ensure the vehicle is not under finance or secured as collateral. If you sell a car with an active finance listing:
- The new buyer may lose the vehicle if repossessed
- You may face legal consequences from creditors or the buyer
5. Ignoring Disputes Among Family Members
If multiple heirs are involved, do not attempt to sell a deceased person’s car until it’s clear who legally owns it. Selling without consensus can trigger legal challenges that delay probate or block other estate processes.
Selling a Deceased Person’s Car Privately vs Trade-In Options
When it comes time to sell a deceased person’s car, many people aren’t sure whether to list it privately or trade it in. The right option depends on the car’s condition, the amount of time you have, and whether you want to maximize the sale price or minimize stress.
Selling Privately
Pros:
- Higher potential sale price
- More control over negotiations
- Opportunity to explain the car’s history to buyers
Cons:
- Takes more time
- Requires you to handle inquiries, inspections, and paperwork
- You’ll need to be transparent about the vehicle’s estate status
If you choose this route, it helps to read our guide on how to sell a car privately in Australia to avoid common pitfalls.
Selling to a Dealer or Wrecker
Pros:
- Quick sale — often within 24–48 hours
- No need to re-register or repair the vehicle
- Dealers handle most of the paperwork for you
Cons:
- Lower price offered
- Some dealers may not accept unregistered or damaged vehicles
If the car is unregistered or has expired rego, selling to a wrecker may be your best option. For more on this process, see our guide on how to sell a car with expired registration.
When Trade-In Makes Sense
If you’re inheriting a vehicle and planning to purchase a newer one, trading in the deceased person’s car can reduce your next car’s cost and simplify the transfer process.
Make sure you’re legally authorized to act on behalf of the estate and provide all relevant documentation. Dealers may still ask for a death certificate, proof of ownership, and identity verification before accepting the vehicle.
FAQs – Selling a Deceased Owner’s Vehicle
Do I need probate to sell a deceased person’s car?
In many cases, yes. Probate is typically required before you can legally sell a deceased person’s car — especially if there is a will naming an executor. If there is no will, you may need Letters of Administration before transferring ownership or selling the vehicle.
What if the car has outstanding finance?
You cannot legally sell a deceased person’s car if it still has finance attached, unless the estate repays the loan first. You should perform a PPSR check before listing the car to ensure it’s free of encumbrances. The finance company may repossess the vehicle if it’s sold without clearance.
Can I sell a deceased relative’s car without transferring ownership?
No. You must first transfer the vehicle into your name or act under legal authority as executor or administrator before you can sell a deceased person’s car. Buyers will not be able to complete the registration transfer if the title still lists the deceased as the owner.
What if the car is still registered under the deceased person’s name?
That’s common — but before you sell a deceased person’s car, you must update the vehicle records with your state’s transport department. This often involves submitting the death certificate, transfer forms, and executor documentation.
Can I trade in a deceased family member’s car?
Yes, but only if you’re legally authorized. Dealers require proof of your role in the estate before they accept a trade-in. If the car is old or unregistered, it may be faster to trade it in rather than attempt a private sale. In either case, make sure you complete a Notice of Disposal after you sell a deceased person’s car.
Do I need to re-register the car before selling?
Not necessarily. You can sell a deceased person’s car without registration, but you must disclose its status. Many buyers and wreckers accept unregistered vehicles, especially if it’s being sold for parts or trade-in.
Final Checklist and Summary – Sell a Deceased Person’s Car the Right Way
If you’re feeling overwhelmed by the legal process or unsure where to start, this checklist will help you stay compliant and confident as you move forward to sell a deceased person’s car in Australia.
Final Checklist Before Selling:
- Obtain a certified death certificate
- Confirm your role as executor or administrator of the estate
- Gather vehicle details: VIN, rego papers (if available)
- Perform a PPSR check to ensure no finance is owing
- Complete any required transfer of registration forms
- File a Notice of Disposal after the sale
- Disclose rego and vehicle condition status honestly
- Consider whether to sell privately, trade-in, or use a wrecker
If the car is unregistered or non-running, you don’t need to fix or re-register it before sale. Our article on how to sell a car without roadworthy certificate can help with those details.
Sell a Deceased Person’s Car Without Mistakes
Selling a vehicle from a deceased estate might seem complex at first, but by following the correct legal and compliance steps, you can avoid disputes, fines, or delays. Whether you’re acting on behalf of a family member or handling your own parent’s estate, it’s completely legal to sell a deceased person’s car in Australia — as long as you’re properly authorized and prepared.
If you’re ready to list the car online, you can start now at AusCarSales.au, where private sellers are always welcome — even for unregistered or estate vehicles.
For more tips on choosing the best sales channel, see our post on how to sell a car online in Australia, which outlines your full range of options.
