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A surviving spouse who isn't in a community property state and whose name isn't on the car loan isn't responsible for the loan. So, it may be your choice whether to assume payments if the car goes to you after probate. This is also true for any other beneficiary whose name is not on the loan.
If a person dies intestate, and the person owned a vehicle, the person's spouse automatically becomes the owner of the vehicle. If the decedent owned more than one vehicle, the surviving spouse may choose one of the vehicles.
The executor of your dad's estate should see to it that ownership is transferred to you under the terms of his will. Once it is, then you can register it. If there was no will and no court awarded you ownership of the car your best bet would be to consult an attorney.
If your situation meets those requirements, you can use this Secretary of State Form TR-29 to transfer the vehicle(s) to the deceased person's heirs. The person signing the form certifies that there is no probate proceeding pending for the decedent's estate and that no probate proceeding will be started in the future.
Once you have the legal authority to transfer the car's ownership, you'll need to complete the process through the state department of motor vehicles (DMV), including providing documentation such as a death certificate, your photo identification, and a letter from the court.
In most cases, the spouse's will determines what happens to their property. So, you must look over the will with an attorney to see if you're entitled to their property. However, if your husband didn't have a will, you may automatically inherit the property, depending on your state's laws.
Motor Vehicles. If a decedent dies with no probate assets (i.e., owns nothing in their name alone) except for one or more motor vehicles whose total value is not more than $60,000, title to the vehicles can be transferred by the Secretary of State without opening an estate in the Probate Court.
A. Complete the Secretary of State Form TR- 29, Certification From The Heir to a Vehicle, available at a Secretary of State office or at .sos.state.mi.us; b. Attach the vehicle title (if available) to the form; c. Present a certified copy of the death certificate of the vehicle owner; d.