Legal Question in Wills and Trusts in California
Regarding Insolvant Estate- Which owes more in debt than assets.
I am an heir to a 1991 Toyota Van value 1,000
The excutor of the estate has done little to carry out the wishes of the deseast due to affraid the creditor will come after the small vaule of assets. 4 cars & 3 motorbikes.
I have had the van in my possession since my boyfriend died.
It now needs to be registar and the excutor says I have to wait longer now.
Can I legally reg this van with a copy of the will that states I aM THE heir.
Thank you
2 Answers from Attorneys
A copy of the will does not work. Assuming you are entitled to the property it can be transferred using AFFIDAVIT PROCEDURE FOR COLLECTION OR TRANSFER OF PERSONAL PROPERTY as found in CAL Probate Code 13100-13116. The executor must do what state law requires as well as the will. Creditors may have claims to the estate that need to be taken care of...
If there's a probate case open with an executor appointed, the van transfer must take place through the probate process, with a court order. If there's no probate, and the value of the estate assets (gross, not net value) is less than $150,000, you can use the DMV's affidavit forms to transfer the van.
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