Do I still need probate if the only asset is a vehicle?

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If the only asset is a vehicle, generally probate is not required, assuming that vehicle is paid for. If you do have a paid for vehicle, um, and that seems to be the only asset. In Tennessee specifically, the Secretary of State website has a form that’s called an affidavit of inheritance. You would list the vehicle information, the new owner’s information. The new owner would sign off on that form. and then the next of kin to the individual. So whether it’s their surviving spouse or their

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children, they would also sign that form. And essentially what they’re doing is relinquishing their rights to that vehicle. Once that form is completed, the new owner will take that signed form, a copy of the deedent’s death certificate, and then the original title and take that to their local county clerk’s office in order to get title transferred into their name. If the vehicle is not paid for, generally there probably is going to be some type of probate process involved just so that we

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can deal with the note that’s tied to the vehicle. Possible you could do a small estate affidavit dependent on the value of the vehicle if the value is less than 50,000 or a full probate may be required if the value is over 50,000. So generally no probate required if there is a vehicle.

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