Phoenix, AZ asked in Real Estate Law and Tax Law for Arizona

Q: Deceased person has a vehicle that’s in their name and two other peoples name. Is that part of the estate property.

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James L. Arrasmith
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Answered

A: When a vehicle is registered in the name of a deceased person along with others, how the ownership is structured plays a crucial role. If the vehicle is held as joint owners with the right of survivorship, the ownership typically transfers directly to the surviving owners. In this case, the deceased’s share might not become part of the estate.

However, if the vehicle is owned as tenants in common, the deceased’s portion would generally be included in their estate. This means it would go through the probate process and be distributed according to the will or state laws if there is no will. It’s important to review the title documents to understand the exact nature of the ownership.

You may want to consult with an attorney or a legal advisor to get clarity based on your specific situation and local laws. They can provide guidance on how the vehicle should be handled and ensure that all legal requirements are met during the estate settlement.

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