Vehicles cannot be registered in the name of an estate. Applications to register, or transfer the registration of a vehicle must be made in the name of a natural person or an incorporated body.
If a person is seeking to transfer the registration of a vehicle that is currently in the name of a deceased person, they must provide evidence of their legal authority to represent an estate. This legal authority is also required to claim exemptions from payment of a transfer fee, motor vehicle duty and provision of a Certificate of Roadworthiness.
When VicRoads receives a transfer application involving a deceased estate, VicRoads must verify the following:
- that the person administering the estate is the legal representative of the estate; and
- that any signature appearing on the seller's portion of the transfer application is that of the legal representative; and
- that the legal representative has permission to act in relation to the vehicle transfer.
The legal representative of an estate is:
- the executor, where the deceased has left a Will; or
- the administrator*, if the person has died intestate (ie, without a Will).
* When a person dies without leaving a Will, the person who is taking responsibility for administering the estate can apply to the Supreme Court of Victoria for Letters of Administration. These Letters formally appoint the administrator and confirm that individual as the legal representative of the estate.
The following items are required to provide evidence of legal authority when submitting a transfer application:
- an executor of a Will must provide VicRoads with the original will appointing that executor; or
- an appointed administrator must provide VicRoads with the Letters of Administration.
Note: Where more than one legal representative exists, the person acting in relation to the vehicle is required to provide VicRoads with a letter, signed by any other legal representatives, that nominates the perosn to act in respect of the vehicle transfer.
The requirements to transfer a motor vehicle vary depending on who the vehicle is being transferred to as described below.
| Person receiving the vehicle or vessel |
Car |
Boat |
Checklist of requirements |
The spouse or domestic partner of the deceased.
Note: The spouse or domestic partner of the deceased is exempt from the requirement to provide a Certificate of Roadworthiness, the transfer fee and the motor vehicle duty. |
Yes
|
|
- A certified copy of the death certificate
- A certified copy of the will or letter from the executor delaring the vehicle is being transferred to the surviving spouse or domestic partner
- a completed Application for Transfer of Registration form [PDF, 339KB 5pp] signed in the seller section by the Executor, noting that they are the Executor and that the registered operator is deceased.
|
|
|
Yes |
- A certified copy of the death certificate
- A certified copy of the will or letter from the executor declaring the vessel is being transferred to the surviving spouse or domestic partner
- a completed Boat (Vessels & PWC's) Registration Transfer [PDF, 38KB] form, signed in the current registered operator section by the Executor, noting that they are the Executor and that the registered operator is deceased.
|
| A beneficiary other than the spouse |
|
|
- clearly nominates the executor;
- is signed in the disposer section by that executor on behalf of the estate; and
- indicates that the registered operator is deceased.
- A current certificate of roadworthiness (issued not more than 30 days before the date of the transfer).
- Transfer fee
If the Will does not declare the vehicle to be transferred to the spouse or domestic partner, a letter from the Executor declaring the vehicle to be transferred to the spouse or domestic partner is required. |
| Any other person |
|
|
- A completed Application for Transfer of Registration form [PDF, 339KB 5pp] that:
- nominates the executor;
- is signed in the disposer section by that executor on behalf of the estate; and
- indicates that the registered operator is deceased.
- a current certificate of roadworthiness (issued not more than 30 days before the date of the transfer).
- The applicable transfer fee.
- The applicable motor vehicle duty.
- An original or certified copy of the will.
|
| The executor on a temporary basis |
|
|
- A certified copy of the death certificate.
- A certified copy of the will showing the executor’s name and the date of the will.
|
|
Person receiving
the vehicle or vessel |
Checklist of requirements |
|
The surviving spouse or
domestic partner of the deceased |
- nominates the administrator;
- is signed in the disposer section by that administrator on behalf of the estate; and
- indicates that the registered operator is deceased.
Any one of the following:
- a certified copy of the marriage certificate; or
- a statutory declaration of a domestic relationship; or
- a certified copy of a family court order for a divorce; which includes the court order number and vehicle details.
|
|
A beneficiary other than the spouse or domestic partner |
- clearly nominates the administrator;
- is signed in the disposer section by that administrator on behalf of the estate; and
- indicates that the registered operator is deceased.
- A current certificate of roadworthiness (issued not more than 30 days before the date of the transfer).
- Transfer fee
|
|
Any other person |
- An certified copy of the Letters of Administration.
- A completed Application for Transfer of Registration form [PDF, 339KB 5pp] that:
- nominates the administrator;
- is signed in the disposer section by that administrator on behalf of the estate; and
- indicates that the registered operator is deceased.
- A current certificate of roadworthiness (issued not more than 30 days before the date of the transfer).
- Transfer fee.
- Motor vehicle duty.
- A certified copy of the death certificate.
|
|
The administrator on a temporary basis |
- A certified copy of the Letters of Administration.
- A certified copy of the death certificate.
|
| Person receiving the vehicle or vessel |
Checklist of requirements |
| The surviving spouse or domestic partner of the deceased |
A statutory declaration from the person representing the estate, including an indemnity, and stating the following:
- that the deceased did not leave a will, and
- that the applicant is the surviving spouse or domestic partner, and
- that, under the rules of intestacy, the spouse or domestic partner is entitled to transfer the specified vehicle into their name
The indemnity should be in the following form:
"I (name of applicant) agree to indemnify the Roads Corporation
against any future claims, proceedings and costs arising out of the transfer of vehicle (registration number) from (name of deceased) to (name of applicant)".
- A certified copy of the death certificate.
A completed Application for Transfer of Registration form [PDF, 339KB 5pp] that:
- clearly nominates the transactor
- is signed in the disposer section by that transactor on behalf of the estate, and
- indicates that the registered operator is deceased.
|
| A beneficiary other than the spouse or domestic partner |
A statutory declaration from the person representing the estate, including an indemnity, and stating the following:
- that the deceased did not leave a will, and
- that, under the rules of intestacy, the applicant is entitled to transfer the specified vehicle into their name
The indemnity should be in the following form:
"I (name of applicant) agree to indemnify the Roads Corporation
against any future claims, proceedings and costs arising out of the transfer of vehicle (registration number) from (name of deceased) to (name of applicant)". A completed Application for Transfer of Registration form [PDF, 339KB 5pp] that:
- clearly nominates the transactor;
- is signed in the disposer section by that transactor on behalf of the estate; and
- indicates that the registered operator is deceased.
- A current certificate of roadworthiness (issued not more than 30 days before the date of the transfer).
- Transfer fee
- A certified copy of the death certificate.
|
| Any other person |
A statutory declaration from the person representing the estate that:
- declares that they are representing the estate, and
- states the basis of their authority under the rules of intestacy to dispose of the vehicle(s), and
- nominates the vehicle number(s)
A completed Application for Transfer of Registration form [PDF, 339KB 5pp] that:
- nominates the person representing the estate;
- is signed in the disposer section by that person on behalf of the estate; and
- indicates that the registered operator is deceased.
- A current certificate of roadworthiness (issued not more than 30 days before the date of the transfer)
- The applicable transfer fee
- The applicable motor vehicle duty
- A certified copy of the death certificate
|
| To the person representing the estate on a temporary basis |
A statutory declaration that:
- declares the applicant is representing the estate, and
- states the basis of their authority under the rules of intestacy to dispose of the vehicle/s, and
- nominates the vehicle number(s)
- A certified copy of the death certificate.
|
See
Transfer and motor vehicle fees for what you need to pay to transfer the vehicle.
Motor vehicle duty is the tax payable when a vehicle is registered or transferred to another registered operator. The amount payable is based on the purchase price or the price which could be obtained in the open market (whichever is greater).
Motor vehicle duty payable is $8 for every $200 (or part thereof) of the market value. For more information about fees see Vehicle Registration fees.
The Application for Transfer of Registration form is available by:
The Application for Transfer of Registration form [PDF, 339KB 5pp] must be completed in full. You can post the required transfer documents with the appropriate fees (cheque, money order, Visa or Mastercard) to:
VicRoads,
GPO Box 1644,
Melbourne VIC 3001