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Car in probate, okay to drive??

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geohurl

Junior Member
What is the name of your state? CA
I am the administrator of an estate. Is it okay for me to drive the car that is in probate?
I will receive one half of the value of the estate and am considering keeping the car for myself. I will have to pay the other heir 1/2 of the value of the car but I don't want to have to pay him retail. I guess I have to or give the car away by selling it (it seems no one is buying cars around here right now). Any suggestions or ideas would be greatly appreciated.
Thank you so much for a response.
 


tecate

Member
Its one thing to drive the car for purposes of securing it from damage, which is ok, another to drive it as if it is your own, which is not. If the estate has been open long enough, make your deal with the other heir, and then file an ex-parte petition for preliminary distribution with the written consent of the other heir. He or she gets cash, you get the car. Once you have cleared title to yourself, then you can drive it as if it is your own. If you can't make the deal, then sell it to a third party.

See Probate Code Section 11600 and following for the law.
 

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