My father passed away about 20 years ago and he has an old Chevy truck that is still in his name. We want to be rid of it…fines and all. We will be happy to donate it to a local charity, but we need to know what we need to do to make that happen.

Donating a car that’s still in a deceased person’s name, especially after 20 years, involves a few crucial steps to ensure the legal transfer of ownership. The key challenge is that you can’t simply donate a vehicle if you’re not the legal owner.

Here’s what you’ll likely need to do:

1. Determine Legal Ownership/Executor Status:

• Probate: Since 20 years have passed, it’s possible your father’s estate went through probate (the legal process of distributing a deceased person’s assets). If an executor was appointed, that person is the legal authority to transfer the title.
• No Probate/No Will: If there was no will or formal probate, or if the truck was the only asset left, it gets a bit trickier. You’ll likely need to establish your legal right to act on behalf of the estate. This might involve:
  • Small Estate Affidavit: Many states have provisions for small estates that allow heirs to transfer assets without a full probate process. You would typically need to file an affidavit with the court stating you are the rightful heir.
  • Letters of Testamentary/Administration: If a full probate did occur, the executor would have received “Letters of Testamentary” (if there was a will) or “Letters of Administration” (if there wasn’t). These documents grant the legal authority to manage the estate, including transferring vehicle titles.
  • Spousal/Next of Kin Rights: Some states have specific provisions for surviving spouses or next of kin to transfer vehicle titles with a death certificate and an affidavit.

2. Obtain the Title (or a Duplicate):

• Find the Original Title: Ideally, you would have the original title.
• Apply for a Duplicate Title: If the original title is lost, you’ll need to apply for a duplicate from your state’s Department of Motor Vehicles (DMV). You will likely need:
  • A certified copy of your father’s death certificate.
  • Proof of your relationship to him (e.g., birth certificate).
  • Documents showing you have the legal right to request the title (e.g., probate documents, small estate affidavit).
  • The vehicle’s VIN (Vehicle Identification Number).
  • Any outstanding registration fees might need to be paid to get a clear title, even if you just want to get rid of it. This is where the “fines and all” comes in. The DMV will likely require all fees and penalties to be settled before a clear title can be issued or transferred.

3. Address Outstanding Registration Fees and Fines:

• Contact Your State DMV: This is crucial. Before you can donate, you’ll likely need to clear any outstanding registration fees, penalties, and potentially late fees that have accumulated over the past 20 years. The DMV will be able to provide you with a full accounting of what is owed.
• Negotiation (Unlikely, but worth asking): While highly unlikely for standard registration fees and penalties, you could inquire if there are any hardship programs or ways to reduce the accumulated fines given the circumstances. However, be prepared to pay them.

4. Choose a Reputable Charity:

• Many charities accept vehicle donations, even non-running ones. Look for a 501(c)(3) non-profit organization, as your donation may be tax-deductible.
• Popular choices include:
  • American Red Cross (partners with CARS)
  • Habitat for Humanity
  • Goodwill Car Donation
  • Kars4Kids
  • Wheels for Wishes
• Contact them first: Before doing anything else, contact a few charities and explain your situation (vehicle in deceased’s name, potential missing title, outstanding fees). Ask them what documentation they require in such cases. Some charities are more experienced in navigating these situations and may even help with the paperwork or obtaining a duplicate title.

5. Complete the Donation Process:

• Once you have the legal authority to transfer the title and have addressed any outstanding fees, the charity will guide you through the final steps.
• You will typically need to sign the title over to the charity.
• They will arrange for free pickup of the vehicle.
• You will receive a tax receipt for your donation.

Important Considerations:

• State-Specific Laws: Vehicle title and estate laws vary significantly by state. It is highly recommended to contact your local DMV or a probate attorney in your state to understand the exact requirements for transferring ownership of a vehicle from a deceased person.
• Complexity: Because of the time elapsed and the potential for no formal probate, this process might be more complex than a typical car donation. Be prepared for some paperwork and potentially multiple trips to the DMV or court.

By following these steps, you should be able to navigate the process of donating your father’s truck and be free of the associated fees and responsibilities.