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Vehicles from deceased estates

Vehicles from deceased estates

When the registered operator of a vehicle dies, the registration needs to be transferred to someone else, or cancelled.

Only a beneficiary, executor or administrator of a deceased estate can request a transfer or cancellation.

  • A beneficiary, a person or legal entity nominated by the deceased to receive the assets that make up the estate.
  • An executor is a person chosen by the will maker, to carry out their wishes in managing their estate. They’re responsible for distributing assets to beneficiaries according to the will.
  • An administrator is like an executor. The only difference is the Supreme Court nominates them to the position.

Before processing these transactions, Access Canberra must confirm your identity.

If you can’t provide an ACT driver licence, you may need to provide full proof of identity and residency.

Read about proof of identity and residency.

Fees

These transactions are free.

If the deceased person held a registration concession on their registration and the new operator doesn’t have the same, then a pro rata catchup fee applies.

This transaction is exempt from motor vehicle duty.

Inspections

Inspection is not required for vehicles currently registered in ACT (or unregistered less than 12 months).

If the vehicle is registered interstate, has had the ACT registration cancelled or has been unregistered in the ACT for more than 12 months, you’ll need to get the vehicle inspected before you can register it in the ACT.

Read about vehicles registered interstate.

You do not need a vehicle identify inspection for vehicles from deceased estates unless the vehicle is a written off vehicle or are directed to do so by an authorised examiner station.

Transferring registration

What you need to do will depend on who is a beneficiary or has responsibility for the deceased’s estate.

Vehicle jointly registered

If 2 people are registered operators of the vehicle registered in ACT and one is deceased, the registration can transfer to the other person.

If the primary operator is recorded as deceased, registration renewal notices will not be sent until the registration is transferred.

To complete this transaction, the other person needs to visit an Access Canberra Service Centre and bring:

Vehicle is bequeathed in a will

There are different requirements depending on who is nominated in the will.

To make any of these transactions, all applicants need to visit an Access Canberra Service Station and bring:

  • their ACT driver licence or full proof of identity
  • the original or certified true copy of the death certificate
  • the original or certified true copy of the will.

The scenario below that applies to your situation will determine what else you’ll need.

The will nominates a single beneficiary

The beneficiary, executor or administrator must provide:

The will nominates multiple beneficiaries

The beneficiary, executor or administrator must provide:

The will nominates multiple executors

The beneficiary, executor or administrator must provide:

The deceased didn’t leave a will

If the deceased didn’t leave a will, the next of kin or administrator of the estate needs to visit an Access Canberra Service Centre:

The statutory declaration from the next of kin must include the following statement:

‘[Name of deceased] late of [address of deceased] died on [date].

A certified copy of the death certificate has been presented today. To the best of my knowledge, I am not aware of the existence of a will left by the deceased.

I am the [relationship to deceased] of the deceased and believe I am entitled to transfer the vehicle bearing ACT registration number [numberplate] to me as the deceased’s next of kin.’

The Administration and Probate Act 1929 sets out the order of next of kin. The order is:

  1. the spouse or civil partner, or eligible partner (relationship must have been 5 or more years). Otherwise, the estate is distributed equally between the spouse or civil partner, and the eligible partner
  2. children (shared equally)
  3. brothers and sisters (shared equally)
  4. grandparents (shared equally)
  5. uncles and aunts of the deceased (shared equally).

Public Trustee is nominated as the administrator of the estate

The beneficiary needs to visit an Access Canberra Service Centre and bring:

Cancelling or selling registration

If you don’t want to use or keep the registration, you can apply to cancel it.

This is done as part of the transfer process.

You’ll need to visit an Access Canberra Service Centre and bring:

  • your ACT driver licence or full proof of identity
  • the original or certified true copy of the death certificate
  • the original or certified true copy of the will.

You’ll also need to:

You may receive a pro-rata refund off the registration and Motor Accident Injuries (MAI) insurance fees.

On-selling of registration

If you’re the beneficiary of a deceased estate vehicle, you may want to sell it.

It’s best to transfer the registration into your own name before selling the vehicle.

If you sell the vehicle in the name of the deceased person, the buyer will need to provide proof of purchase, the death certificate and the will from you when they apply to transfer the registration.

In either scenario, the buyer will still need to get any relevant vehicle inspections and pay the usual transfer fees and stamp duty.

Read about transferring registration.