A relative has died, and their car is still registered in their name, sitting in the garage or the car park. Sooner or later it will have to be sold, but not just any way, and not by just anyone. This guide explains who can sign, which documents to gather and what to do with the car in the meantime. It does not replace a notary or the competent authority. It helps you know which questions to ask them.
The car now belongs to the heirs, jointly
When someone dies, their assets pass to their heirs. The car is one of those assets, just like the bank account or the furniture.
When there are several heirs, they form a community of heirs. Until the estate is divided, they own everything together and, as a rule, decide together, unanimously.
The direct consequence: one heir alone cannot sell the car. It makes no difference that they have the keys or the vehicle registration document in a drawer, or that they looked after the car in recent years. They are not the sole owner.
There are two common exceptions:
- An executor, appointed by the deceased in their will, administers the estate and may, depending on their powers, sell certain assets.
- A representative of the community of heirs, appointed by the authority at the request of an heir, typically when the heirs cannot agree.
Outside these cases, the rule stays the same: either all the heirs agree, or nobody sells.
Before selling: accept the estate or not
Settle this point before doing anything else. An heir who does not want to take on the deceased's debts can disclaim the estate. The Swiss Civil Code (art. 567) gives them three months to do so, in principle, from when they learn of the death or of being an heir. The succession authority at the deceased's last place of residence (the justice of the peace in the canton of Vaud) or a notary can tell you when it starts in your case.
However, an heir who interferes in the affairs of the estate can lose the right to disclaim it. Disposing of an asset, the car for example, can have that effect.
If you have the slightest doubt about the state of the estate, ask the competent authority or a notary before you sell anything. A sale made too quickly can commit you to more than just the car.
Proving who the heirs are: the certificate of inheritance
A buyer, a garage, a bank or the road traffic office will all ask you for the same thing: proof that you are entitled to act. That proof is the certificate of inheritance.
It confirms that you are an heir and names everyone entitled to the estate. It is issued by the authority of the deceased's last place of residence. In the canton of Vaud, that is the justice of the peace. In another canton, the authority may be different: check with the canton concerned.
In addition to the certificate, keep the following to hand:
- the death certificate;
- the will, if there is one, or the document appointing the executor;
- the car's vehicle registration document;
- the service book and recent invoices.
Obtaining the certificate takes time. That is why it is worth organising the waiting period from the very first days, as explained below.
Who signs the sales contract
There are three possible scenarios.
- All the heirs sign the contract. This is the simplest solution when there are only a few of them and they are available.
- One heir signs, with a written power of attorney from each of the others. The power of attorney must cover this specific sale.
- The executor signs, if they have the authority to do so.
In every case, the sellers are the heirs, each named in the contract, acting jointly as the community of heirs, or through the person entitled to represent them. Attach a copy of the certificate of inheritance to the contract. That way, the buyer knows who they are dealing with.
Also settle in writing, before signing, which account the sale price will be paid into: the estate's account, or an account agreed by all the heirs. This detail avoids a lot of tension when the estate is divided.
For the rest of the contract, the usual rules apply: vehicle identification, mileage, declared defects. They are covered in detail in our article on what a sales contract should contain.
While you wait for the sale: plates, insurance, tax
After the death, the car remains registered in the deceased's name. Insurance premiums and vehicle tax keep running.
First step: inform the insurer and the canton's road traffic office. They will tell you what to do in your situation. Ask them to confirm it in writing.
A common option is to hand in the plates. The car is then taken off the road. This has consequences for insurance and tax, but those consequences vary: ask the road traffic office and the insurer to confirm before you decide.
Do not assume that the insurance automatically continues to cover the car and whoever drives it next. Ask the insurer, and keep their answer.
Should you keep driving it
It is best not to, until two points have been clarified in writing: insurance cover, and who is responsible for the car as its keeper. In the event of an accident, both questions quickly become very real.
That said, a car left standing for a long time deteriorates. A few precautions are enough:
- The battery runs flat within a few weeks. A trickle charger saves you from replacing it.
- The tyres develop flat spots if the car never moves. Inflate them to the recommended pressure, slightly above if the car will stand for a while.
- The brakes can seize. Park the car somewhere dry and level, handbrake off, in gear or in P, with chocks under the wheels.
- The interior should be emptied and cleaned, to prevent odours and damp.
Also check the date of the next vehicle inspection. If it is due or coming up soon, it will weigh on the price. Our article on how the vehicle inspection works explains why buyers pay such close attention to it.
A lease or a loan in the deceased's name
With a lease, the car belongs to the leasing company. It is not one of the assets the heirs can sell. Contact the leasing company to find out the options, and see our page on a lease that is still running.
With a loan, the car does belong to the deceased, but the debt is part of the estate. There may also be a retention of title. Ask the lender for a settlement statement before any sale.
Valuing the car without rushing
The car's value matters twice: to set a realistic sale price, and to divide the estate fairly between the heirs. A serious valuation prevents any heir from feeling short-changed. Our guide to estimating the car's value explains what really determines the price.
Then comes the question of work on the car. Tyres, an overdue service, minor defects: every expense must be approved by all the heirs, since the estate pays for it. Before ordering anything, read our article on whether to repair before selling.
For a car that has stood still for several months, a thorough clean, inside and out, is often enough to make it presentable. It is also the easiest expense to get several people to agree on.
Handing over the sale when nobody has the time
Heirs sometimes live far apart. They work, they are dealing with the rest of the estate, and they have neither the wish nor the time to answer listings and arrange test drives with strangers.
Consignment sale is the answer to this situation. The heirs have a single point of contact. The garage takes care of the listings, the test drives, the negotiation and collecting the payment. To understand how it works, read our article on handing over the sale on consignment.
Having a professional collect the payment has another advantage: you do not have to check a payment from an unknown buyer yourself. If you sell on your own, take the time to read how to avoid payment scams.
The signature rules also apply to the consignment agreement. It must be signed by all the heirs, or by the person who validly represents them. Practical arrangements, such as the account the proceeds are paid into, are agreed in writing when the agreement is signed.
To get a concrete idea, you can browse vehicles already sold. And if you would like an opinion on your situation, documents in hand, you can simply talk it through with us.
