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Car Totaled, mother died

by Shelly
(Richmond, VA)

My mother died 2 days after she wrecked her car in a single car accident. No pending litigation and no one else was hurt. The ins co totaled the car.

We removed the plates from the car when we cleaned it out at the ins co's yard. No one qualifies as her administrator and I am wondering who the car is titled to: my mother or the insurance company?

I am wondering if I can simply go to the DMV as sole heir and title the car to me with a Small Estate Affidavit or else present the Affidavit to the insurance co to collect the payment they are holding. Our attorney advises NOT to probate, as the car was her only asset.

Thank you very much.


Hello Shelly,

This is a probate question for your attorney (a VA attorney). If your lawyers advice is that, then listen to her. If you doubt her advice, please seek a different option.

Good Luck,

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