Selling a Deceased Estate Car in Victoria — What You Need to Know
Published 2026-03-03 • Legal & Finance
Dealing with a deceased person's car is one of those tasks that comes with grief and bureaucracy at the same time. It doesn't have to be complicated, but you do need to understand what the rules are in Victoria before you try to sell, transfer, or dispose of the vehicle.
Can You Sell a Deceased Person's Car Before Probate?
Generally, no — not in Victoria. Selling property from a deceased estate before probate is granted is not permitted, with one key exception: if the car was jointly owned (e.g., with a surviving spouse), the surviving owner can deal with it directly.
If the car was solely in the name of the deceased, you typically need to wait for probate before selling it. According to State Trustees Victoria, transferring property in Victoria without probate is not permitted, and the process can take at least 9–12 months.
If you're in a hurry, speak to an estate lawyer. There are sometimes practical workarounds for low-value vehicles.
When Is Probate Not Required?
Probate may not be required if: - The estate is very small and the vehicle is low value (some institutions have discretion here) - The car was jointly owned with right of survivorship - The estate is being administered under Letters of Administration rather than a will
Every situation is different. If you're unsure, VicRoads or a solicitor can clarify based on your specific circumstances.
Steps to Sell a Deceased Estate Car in Victoria
Step 1: Locate the Paperwork
Find the car's registration papers, any finance documents, and the person's driver licence. You'll also need the death certificate.
Step 2: Contact VicRoads
VicRoads has a specific process for deceased estate transfers. Navigate to Buy, Sell & Transfer > Other Transfers > Deceased Estates on vicroads.vic.gov.au. You'll need to: - Provide the death certificate - Provide the grant of probate (once obtained) or letters of administration - Complete a transfer or disposal form
VicRoads can tell you exactly what documents are required for your specific situation.
Step 3: Check for Finance
Run a PPSR check on the vehicle before doing anything else. If the deceased had a car loan, the security interest is still registered against the car. You'll need to deal with the lender — using estate funds — to clear the debt before the car can be sold.
This is the step most people don't think about. A car loan doesn't disappear when the borrower dies. The debt becomes part of the estate and needs to be settled.
Step 4: Decide Whether to Sell or Transfer
Selling: If the beneficiaries want cash rather than the car, you can sell it as part of settling the estate. The proceeds go into the estate and are distributed according to the will.
Transferring to a beneficiary: If someone in the family is getting the car, it needs to be transferred via VicRoads. There's usually a reduced transfer fee for deceased estate transfers.
Selling to a cash-for-cars buyer: This is often the path of least resistance if the car is older, damaged, or nobody in the family wants it. Cash-for-cars buyers deal with deceased estate sales regularly and understand the documentation requirements.
What If the Car Is Sitting Unregistered and Deteriorating?
If the car is sitting on the deceased's property and rego has lapsed, it's still part of the estate. You don't need to re-register it to sell it — but you do need legal authority to sell it (usually probate or letters of administration).
If the situation is urgent (the car is deteriorating significantly or the property needs to be sold), speak to the estate's solicitor about expediting the process.
Does the Car Need a Roadworthy?
If you're selling it as unregistered, no roadworthy is needed. The buyer handles registration if they want to put it back on the road.
If the car still has valid registration and you're doing a standard transfer, a roadworthy may be required — unless you remove the plates and sell it unregistered.
For sales to licensed car buyers or wreckers, no roadworthy is needed.
Practical Tips for Estate Executors
- Don't drive the car before the estate is settled. If it's unregistered, driving it is an offence. If there's an accident, the estate could be liable.
- Keep the car insured if it's garaged and still registered, at least until you've decided what to do with it.
- Photograph the car's condition before any sale so there's a clear record.
- Get the car professionally valued if it's worth a significant amount, to ensure you're acting in the interests of all beneficiaries.
Selling to InstantCashCar from a Deceased Estate
We regularly buy cars from deceased estates in Victoria. We understand the documentation requirements and can work with executors and administrators to make the process straightforward.
What we need: - Proof of probate or letters of administration - Your ID as executor/administrator - VicRoads transfer documentation
We handle the rest, including free towing from anywhere in Victoria.