Introduction
Ontario’s probate process can feel overwhelming if you’re not familiar with it. Transferring a car, truck, or motorcycle after someone passes away isn’t as straightforward as selling or scrapping it. It’s important to follow all legal steps. Missing even a single step could delay or complicate the transfer process.
If you are handling someone’s estate or have been made the executor, you need to understand how a vehicle’s ownership is transferred after a person passes away in Ontario. Understanding probate, estate management, and vehicle ownership laws will help you complete the process efficiently and on time.
This blog will explain how Ontario’s probate process applies to vehicles, including how to transfer car ownership after death in Ontario. You will learn when probate is needed. Also, you will find out what paperwork you must collect. This guide will explain how to legally transfer or scrap a vehicle and cover the steps you need to follow.
What Is Probate in Ontario?
Probate is a legal process where the court confirms a will’s validity and gives the executor the authority to manage the estate. Money, property, personal items, and vehicles are all part of an estate.
If there is a valid will, it usually names someone as the executor. This person takes care of any debts, gathers the person’s belongings, and passes them on to the right people. If there is no will, the court picks someone like a close family member to manage everything.
The probate process often involves proving that the executor has the legal right to transfer or sell a car. The Ministry of Transportation in Ontario requires this before changing the registered ownership of a deceased person’s vehicle.
Do All Vehicles Need to Go Through Probate?
No, not every vehicle needs probate. It depends on a few factors such as:
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- If there is a surviving co-owner: If the car was jointly owned, ownership passes directly to the surviving person. No probate is needed.
- If it’s mentioned in the will: If the will names who gets the vehicle, the executor can transfer it, but they might need probate if other parts of the estate need court approval.
- If there is no will: Probate is required to determine who has the right to deal with a vehicle as part of an estate.
Also Read: The Scrap Car Glossary: Key Terms You Should Know
Required Documents to Transfer a Deceased Person’s Vehicle in Ontario
To transfer or scrap a deceased person’s vehicle in Ontario, you will need certain documents. These include:
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- Original Death Certificate: Proof that the registered owner has passed away.
- Will or Certificate of Appointment of Estate Trustee: Confirms who is legally authorized to manage the estate.
- Vehicle Ownership Permit: The green ownership paper must be submitted.
- Plate Portion: The license plates can stay with the estate or be transferred to a new vehicle.
- Completed Application for Transfer: This form is available from ServiceOntario.
- Safety Standards Certificate: Not needed if the vehicle is being scrapped.
How Long Does the Probate Process Take for a Vehicle?
The length of the probate process can vary. Probate in Ontario can take anywhere from a few weeks to several months. It depends on the estate’s size, whether there’s a will, and if anyone contests it.
If the estate is simple, has one vehicle, and no major debts or conflicts, probate can move faster. In some cases, small estates may qualify for an expedited process. The Ministry of the Attorney General offers detailed resources on applying for probate and the current timelines in different regions.
Can You Scrap or Sell a Vehicle Before Completing Probate?
You shouldn’t sell or scrap a deceased person’s vehicle before completing the legal process. If you do, it can cause legal problems for you and other heirs. The Ministry of Transportation requires legal proof before letting you transfer ownership or cancel vehicle registration. Some scrap yards might accept a car without probate papers, but this practice isn’t legal in Ontario.
Selling or scrapping a car without probate can delay settling the estate, especially if other heirs disagree or if the vehicle was valuable. In that case, you must complete probate first, or confirm with a lawyer whether it’s necessary in your situation.
Transferring Ownership of a Vehicle Without Probate
In some cases, you can transfer a vehicle without probate in Ontario:
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- When the vehicle was jointly owned: If ownership says ‘Joint Tenants’ or both names appear on the green permit, the surviving owner can transfer the vehicle with a death certificate.
- If it’s a small estate with no other probate requirement: You might be able to transfer the vehicle using a will and a sworn statement. Contact ServiceOntario to confirm your eligibility.
Also Read: 9 Essential Tips to Safely Sell Your Scrap Car & Avoid Scams
What If the Vehicle Is Abandoned or Not Running?
If the deceased person’s vehicle isn’t running, it may not be financially worthwhile to sell. In this case, you can scrap the car. However, you will still need a death certificate and either the will or a court-issued Certificate of Appointment. Greenway Auto Recycling handles scrap car removal in Ontario and can often arrange same-day pickup. Before scrapping, remove personal belongings and license plates. Return plates to ServiceOntario if you don’t plan to transfer them.
Can You Keep the License Plates After a Vehicle Owner’s Death?
Yes. In Ontario, vehicle license plates belong to the individual, not the car. After the owner passes away, plates can stay with the estate. The executor can transfer them to another vehicle or return them to ServiceOntario. If the plates have a valid sticker, they might be reused. Make sure to update the plate records when transferring or scrapping the vehicle.
Final Thoughts
Handling a loved one’s estate isn’t easy, and dealing with their vehicle adds another task to the list. In Ontario, the probate process for vehicles makes sure ownership is legally transferred before you can sell, scrap, or keep the car. It may feel like extra paperwork, but it protects both the estate and its beneficiaries.
Gather the right documents and follow the legal steps. If you are unsure whether probate applies to your situation, it’s smart to speak to a lawyer or visit ServiceOntario for guidance. When scrapping a vehicle, work with a licensed car scrap yard like Greenway Auto Recycling to avoid problems in the future.
Frequently Asked Questions
1. Can I scrap a car before probate is complete in Ontario?
No. You cannot legally scrap a deceased person’s car before probate is complete. The Ministry of Transportation requires probate or legal proof of ownership transfer first.
2. What paperwork do I need to transfer a deceased person’s car in Ontario?
You’ll need the original death certificate, the will or Certificate of Appointment of Estate Trustee, the green vehicle ownership permit, the plate portion, and a completed transfer application form.
3. How long does probate take for a vehicle in Ontario?
The probate timeline varies but usually takes several weeks to a few months, depending on the size of the estate, whether there’s a will, and if there are disputes.
4. Do I need probate if a car was jointly owned in Ontario?
No. If the car was jointly owned, ownership passes directly to the surviving owner. You only need to present the death certificate to complete the transfer.
5. Can I scrap a deceased person’s car that is no longer running?
Yes. You can scrap a non-running vehicle as long as you provide a death certificate and the necessary estate documents. Licensed scrap yards like Greenway Auto Recycling can help with same-day pickup.
6. What happens to license plates when a vehicle owner dies in Ontario?
A: License plates remain with the estate. They can be transferred to another vehicle by the executor or returned to ServiceOntario. If the validation sticker is still valid, the plates can often be reused.
