Q: can a non family, non benificiary take an auto left in a parents will leaving everything to him w/o benefic change?
A:
First, review the title. If there are joint owners, the death of one owner automatically terminates their interest, so the other owner(s) get the deceased's interest in the car without having to enter probate (Colorado presumes joint tenancy as default for joint ownership, but it is possible for the title is recorded as tenant in common--meaning the deceased's interest does NOT terminate).
If there are not joint owners listed on title, the title cannot be passed without probating the estate. If there is a will, this will decide who gets the car. If there is no will, there are default succession rules (intestate).
For usage of the car during the pre-probate process, contact the personal representative (PR). Under the right circumstances the PR can allow use.
If you need specific advice you will need to contact a probate attorney.
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