Motor vehicles are often among the first assets that need to be dealt with when administering a deceased estate. While selling a vehicle may seem straightforward, no asset may be sold or transferred until the estate is properly reported and an executor or representative has authority to act. Failure to follow the correct process can result in delays, rejected registrations or personal liability for the person who sold the vehicle.
Only a duly appointed executor or authorised representative may sell a vehicle belonging to a deceased estate.
This authority arises once the Master of the High Court issues:
- Letters of Executorship (for estates over R250,000), or
- Letters of Authority (for smaller estates administered under section 18(3) of the Administration of Estates Act).
Until these letters are issued, family members may not sell, gift or use the vehicle as if it were their own.
The executor should obtain a professional valuation or dealer trade offer to demonstrate that the vehicle was sold at a reasonable market-related price, protecting the executor against later challenges by heirs.
If the registration certificate is lost, a duplicate must be obtained before transfer.
The sale proceeds form part of the estate’s assets.
Until the vehicle is sold or transferred:
- It should remain insured in the name of the deceased estate,
- Executors should ensure the insurer is notified of the death,
- Use of the vehicle should be strictly controlled.
Selling a vehicle in a deceased estate is usually one of the simplest aspects of estate administration — provided the legal process is followed.
The key principles are authority, transparency, accurate documentation and proper transfer of ownership. Executors who deal with vehicles promptly and correctly can improve liquidity, reduce risk and speed up the winding‑up of the estate.
