How Long Can You Drive a Deceased Person's Car?

The time you can drive a deceased person’s car depends on state laws. Most states allow for a 30-day grace period, giving you time to drive your late loved one’s car until you’ve handled their affairs. 

However, exceeding this 30-day mark can put your loved one’s car at risk of a fraud alert by the local police. If you cannot supply an acceptable reason for failing to register the vehicle in your name, you may face fines, a misdemeanor or felony charge, license suspension, and even jail time. 

If you drive your loved one’s car within the 30 days from death allowed by most states, you’re legally within your rights. Besides legalities, there are also additional family members to consider. One or more of them may also want to drive the car or have strong feelings about what should be done with the vehicle. That decision typically gets handled in the will or by the appointed executor. 

Some wills incorporate joint ownership, or what’s known as “joint with right of survivorship” (JWROS). In this arrangement, surviving spouses legally assume ownership of the car when the other passes away. However, you need a copy of your partner’s death certificate and a form of ID to prove ownership of the vehicle when you register it or sell it. 

If you plan on selling the car, you must know how to sign over a car title as the executor of the will. If the will goes into probate and you’re the executor, you will receive letters from the probate court granting you the power to sell the car for your loved one legally. However, before selling the car, you must fulfill any outstanding lien obligations to the lender. 

If you’re unsure how this matter is handled in your state, do your research. Make multiple copies of all legal documents, including death certificates and any documentation related to the estate. When in doubt, seek legal advice to err on the side of caution. 

Is it illegal to drive a car registered to a deceased person?

It is not illegal to drive a car registered to a deceased person unless you’ve exceeded the maximum allowed grace period. However, you should communicate with your family if you want to drive the vehicle so no one assumes the car’s been stolen and reports it. Emotions can run high after losing a loved one, and open communication can prevent misunderstandings and additional stressful situations. 

If caught driving a late loved one’s car before legally registering it in your name, you could face fines, criminal charges, and jail time. Some states even classify this act as a felony, which has significant consequences if it appears on your record. 

Penalties by state

The table below describes the various penalties associated with driving your loved one’s car beyond the legally allowed grace period: 

Georgia and Texas take driving your loved one’s car after 30 days very seriously. Be mindful of the felony charges and hefty fines associated with driving beyond the 30-day grace period in these states. 

No, the DMV doesn’t automatically find out when someone dies. Typically, they’re only notified of a death after Social Security receives the same information. 

Why should you notify the DMV after someone dies?

Notifying the DMV after someone dies can help reduce fraud. The DMV typically requires proof of death in the form of a copy of the death certificate. Providing this proof will allow them to cancel your loved one’s driver’s license, license plates, and any placards or parking permits under their name. Some states have systems in place that automatically perform these actions, but it’s best to double-check. 

You must transfer the title and registration if you want to keep your loved one’s car. You must have the death certificate, legal documentation proving your right to the vehicle, proof of insurance, and funds for any registration fees. If you plan on selling the car, request a copy of the title. When you sell the car, you’ll sign the title over as the will's executor.

If you get pulled over while driving your loved one’s car, you must supply proof of your right to drive the car. Prepare the following documents and have them with you at all times: 

• The car’s title
• The death certificate proving your loved one is deceased
• The court order appointing you executor of the will (if applicable)
• Proof of insurance

If your loved one completed a Transfer on Death (TOD) before passing away, this legal document automatically transfers ownership to you upon death. However, you still need the same information listed above if this is the case. 

Legally driving a deceased person’s car requires following state laws and the wishes of your surviving family members. Most states allow a 30-day grace period before any fines or criminal charges apply. If the will goes into probate, the car’s title cannot legally be transferred until probate is complete. Until you can transfer the title, it’s best to avoid driving the vehicle. 

What happens to an insurance policy when the owner dies?

When a policyholder passes away, their insurance company isn’t immediately notified. Surviving family members should call the insurance company and cancel the policy. Most insurance companies will request a copy of the death certificate for verification and fraud prevention. 

Some insurance companies offer to keep the policy in effect until the estate is settled. If so, you should request a written statement outlining what coverage applies in case of an accident. Insurance companies carry the process forward if any claims are outstanding. If the claim requires a deductible, it is the estate's responsibility. 

If you drive your late loved one’s car after their passing, you take on legal responsibility to act within state laws. Though the state typically offers you the benefit of the doubt, pushing the limits of this legal grace period can have stark consequences. Depending on the circumstances, you may be personally liable should an accident occur before ownership can legally be transferred.  

The death of a loved one can be a challenging time for anyone. If you want to avoid the legal implications of driving a loved one’s car, FINN offers a convenient and affordable alternative. With a FINN car subscription, you can experience the ease of selecting your vehicle, having it delivered to your front door, and budgeting for a single monthly payment.