Deceased Estate : VicRoads

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Deceased Estate

The requirements for transferring a vehicle from a deceased estate will vary depending on who the vehicle is being transferred to.

When a transfer application is received to transfer a vehicle from a deceased estate, VicRoads must be satisfied that:

  • the person administering the estate is the legal representative (the executor or administrator of the estate);
  • any signature that appears on the seller's portion of the transfer application is that of the legal representative; and
  • be satisfied that the executor or administrator acting in relation to the vehicle transfer has the permission of any other executor.


The original will or a certified copy of the section of the will that appoints the executor should be provided. If there is no will, and an executor is appointed, letters of administration from the Supreme Court of Victoria should accompany the application.

Deceased estate with a will
Where the deceased leaves a will, the transfer of any vehicles registered in their name will require the following:
Deceased estate without a will
If there is no will, and an administrator is appointed, letters of administration from the Supreme Court of Victoria should accompany the application. To obtain letters of administration you may contact Probate Office, Victorian Supreme Court - 2nd floor, 436 Lonsdale Street Melbourne 03 9603 9296. In cases where the deceased does not leave a will, the transfer of any vehicles registered in their name will require the following:
Beneficiary is the surviving spouse/domestic partner
  • the original or certified copy of the death certificate; and
  • the original or certified copy of the will or a letter from the executor declaring the vehicle is to be transferred to the spouse/domestic partner; and
  • a completed vehicle registration transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased.

The beneficiary is exempt from providing a roadworthy certificate, paying transfer fee and motor vehicle duty.
Beneficiary is the surviving spouse/domestic partner After Letters of Administration are supplied:
  • a completed vehicle registration transfer form, upon which the administrator is clearly nominated, signed on behalf of the estate by that administrator and noting that the registered operator is deceased; and
  • a copy of the marriage certificate; or
  • a statutory declaration of a domestic relationship; or
  • a copy of a family court order of a divorce, including court order number and vehicle details.

The beneficiary is exempt from providing a certificate of roadworthiness, paying transfer fee and motor vehicle duty.
Beneficiary is not the surviving spouse/domestic partner
  • the original or certified copy of the death certificate; and
  • the original or certified copy of the will or a letter from the executor declaring the vehicle is to be transferred to the beneficiary; and
  • a completed vehicle registration transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased; and
  • transfer fee; and
  • a current certificate of roadworthiness

The beneficiary is exempt from paying motor vehicle duty.
Beneficiary is not the surviving spouse/domestic partner After Letters of Administration are supplied:
  • a completed vehicle registration transfer form, upon which the administrator is clearly nominated, signed on behalf of the estate by that administrator and noting that the registered operator is deceased; and
  • the transfer fee; and
  • a current Certificate of Roadworthiness.

The beneficiary is exempt from paying motor vehicle duty.
Temporary transfer to the executor
  • the original or certified copy of the death certificate; and
  • the original or certified copy of the will (noting the name of the executor and the date of the will); and
  • a statutory declaration stating that they are administering the estate, nominating the vehicle number/s and the basis of their authority to dispose of the vehicle/s.

The executor is exempt from providing a completed transfer form, certificate of roadworthiness, paying transfer fee and motor vehicle duty.
Temporary transfer to the administrator
  • a certified copy of the death certificate; and
  • Letters of Administration; or
  • a statutory declaration stating that they are administering the estate, nominating the vehicle number/s and the basis of their authority to dispose of the vehicle/s.
Transfer to any other person
  • a completed vehicle registration transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased; and
  • transfer fee; and
  • a current certificate of roadworthiness; and
  • motor vehicle duty.

There are no exemptions for this transfer.
Transfer to any other person
  • a completed vehicle registration transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased; and
  • transfer fee; and
  • a current Certificate of Roadworthiness; and
  • motor vehicle duty.

There are no exemptions for this transfer.
When Letters of Administration are not available If in any case letters of administration are not available the following will be required:
  • a certified copy of the death certificate; and
  • a statutory declaration from the applicant stating that the deceased did not leave a will, that the applicant is the beneficiary, and that, under the rules of intestacy, the beneficiary is entitled to transfer the vehicle into their name; and
  • included in the statutory declaration, an indemnity in the form shown below:
"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)".


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Fees
The transfer fees payable are:

  • motor vehicle (cars and truck) - $32.10
  • motor cycles - $5.50
  • trailers - $5.50


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: Registration fees.


Forms
The vehicle registration transfer form is available by:



Lodging Transfer Documents
The vehicle registration transfer application form must be completed in full. You can lodge transfer documents by:

  • posting all the required documents and appropriate fees (cheque or money order) to VicRoads, GPO Box 1644, Melbourne 3001, or
  • visiting a VicRoads Customer Service Centre. Fees can be paid by cash, cheque, EFTPOS or credit card (Visa or Mastercard).

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More information and services
 Vehicle Registration Forms 
 Registration fees