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In the event of death, it is very common for the deceased’s heirs do not want to keep the deceased’s car for already having one (or for not wanting it directly) and choose to sell it.

If we are faced with the supposed case of wanting to sell or buy the car of a person who has died, the procedures are somewhat complicated, especially for the car seller.

The change of car owner, the crux of the problem

Sign contract

A person cannot sell a car that is not in their name, That is why the car of a deceased cannot be sold until the ownership of it changes.

So in this case you have to do two changes of ownership: from the deceased to the heir and from the heir to the car buyer. Each change of ownership has a rate of 55.15 euros.

After having made this first change, we are faced with a common sale between individuals.

Documentation to present

Wrench

In order to make this first change of ownership between the deceased and the heir, it is necessary to present a copy of the Municipal Tax on Mechanical Traction Vehicles, Patrimonial Transfer Tax, the technical sheet, the circulation permit and the DNI of the new owner.

In addition, regarding the inheritance, it is necessary to present this additional documentation:

Will

The Will together with the certificate of last wills stating the new award of the vehicle. In the event that the deceased did not make a will, the process becomes somewhat more complicated.

If the legitimate heirs are the spouse, an ascendant or a descendant, a Declaration of Intestate Heirs Through a notary, the notary realizes the partition of goods. If the heirs are not first-degree relatives, the court must apply for the Judicial Order of Declaration of Heirs. Either of these two documents will function as will.

Death certificate

It will also be necessary to carry the Death certificate of the former owner of the car issued by the Civil Registry of the municipality in which he died.

Inheritance Tax

Another document that must be presented is the Settlement of Inheritance Tax with the list of assets presented to the Treasury, among which the vehicle must be. Along with this document you must present the proof of payment or the Declaration of Exemption. This tax is between 7.65% to 34% and is dependent on each Autonomous Community.

Document proving the new owner

Finally, you must present a document of who owned the car after death This can be done through a private partition document made by the heirs or through a Public Deed of Acceptance, Partition and Adjudication of Inheritance.

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Photo | Arisa Chattasa

In Motorpasión | It is totally legal to sell a car that has not passed the ITV, although it may not be advisable to buy that car

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Lenny Li

I started to play with tech since middle school. Smart phones, laptops and gadgets are all about my life. Besides, I am also a big fan of Star War. May the force be with you!

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