The owner has died: how to sell or junk their car in Illinois
By Junk My Car Inc · Updated
How do you sell a car when its owner has died in Illinois?
Someone with the legal right to sign has to step in first. Illinois lets the car pass to a surviving spouse, a surviving joint owner, an heir using a small estate affidavit, or the estate's executor or administrator, and each route sends the Secretary of State its own proof under 625 ILCS 5/3-114. That person can then sell it.
The car usually comes up weeks after the funeral, when it’s still in the driveway or the garage of a house that has to be cleared. The car itself is rarely the hard part. The signature is. Nobody can sign a title in the name of a person who has died, so the question is who gets the right to sign, and what the Secretary of State needs to see before that person can. If a title is also missing, our guide to which buyers can take a car without its title covers that half.
This page is general information from Junk My Car Inc, a buyer of junk cars across the west and southwest suburbs, not legal advice. Illinois law sets the routes below; the Illinois Secretary of State’s vehicle services pages and, for anything contested, a lawyer have the final word.
Who can sign for a late owner in Illinois
Section 3-114 of the Illinois Vehicle Code lists how ownership moves when it passes “other than by voluntary transfer”, which includes a death. Each route has its own paper trail (625 ILCS 5/3-114):
| Your situation | Who signs | What goes to the Secretary of State |
|---|---|---|
| You were married to the owner | The surviving spouse | Proof of the death, of the transfer to you and of the marriage, the last title if available, an application, fees and any tax |
| The title named you as joint tenant with survivorship | The surviving joint owner | The last title if available, proof of the death and of survivorship, an application, within 120 days of the death |
| No probate case, and the estate qualifies as small | The person the small estate affidavit gives the car to | The last title if available, the papers the Probate Act calls for, an application, within 120 days |
| A probate estate is open | The executor or administrator | The last title if available, a certified copy of the letters of office, an application, before the estate closes |
| An heir or someone named in the will, using a lawyer | That heir or legatee | A death certificate and an affidavit from an attorney, on the attorney’s letterhead, stating the facts of the transfer |
Once the right person holds the car, the sale works like any other. Until then, a buyer who asks nothing about who is signing is skipping the step that protects you.
The small estate affidavit, when there’s no probate
When no probate case is opened, the paper Section 3-114(b) points to is the Illinois small estate affidavit. We read a current copy of the form, revised on November 13, 2025, on an Illinois circuit court website. Three details on it matter for a car:
- Vehicles sit outside the cap. The form caps the rest of the personal estate at $150,000 but excludes motor vehicles registered with the Secretary of State. Each car is listed separately by make, body type, year and VIN.
- It assumes no estate is open. The person signing states that no letters of office are outstanding and that no petition for them is pending or planned.
- Signing carries weight. The affiant attaches a copy of the death certificate, says they know of no dispute over the heirs or the will, and agrees to cover losses caused by anything wrong in it.
The $150,000 figure and the vehicle exclusion came in with a 2025 change to 755 ILCS 5/25-1, and a law firm’s summary of the new rules says they apply to deaths on or after that law took effect. If the death came earlier, ask which version applies before you fill one in.
When an estate is already open
If a will is being probated or an administrator has been appointed, the car belongs to that process. The executor or administrator sends a certified copy of the letters of office with the title application, and Section 3-114 says that has to happen before the estate is closed. In Cook County, estates run through the Clerk of the Circuit Court’s Probate Division at the Daley Center, 50 W. Washington St., Room 1202. In DuPage or Will County, start with that county’s circuit court clerk.
If the title has gone missing too
Every route in Section 3-114 asks for the last title “if available”, so a title nobody can find doesn’t block the transfer by itself. Tell us on the call what you have and what’s missing. We’ll say whether the papers let us buy the car, or what to get first.
Clearing out the car, and anything else on the property
When the papers are settled, the pickup is the short part: a free tow, payment at pickup, and one visit for more than one car if your relative left several. Our step-by-step selling guide walks through the rest. If the house is in Palos Heights, our Palos Heights page covers the city’s rule that an inoperable car belongs in a garage. And if the car turns out to belong to someone else entirely, a tenant or a friend who left it there, read what Illinois allows when a car is left on your property.
This page covers Illinois titles. A car titled in Indiana goes through the Indiana BMV’s own process instead.
Common questions
Can I junk my late parent's car without going through probate?
Often, yes. If no probate case is open or planned, an heir can use a small estate affidavit, and the current form lists registered vehicles separately from the $150,000 cap on the rest of the estate. The person taking the car then applies for the title within 120 days, and after that it can be sold.
My husband died and the car was only in his name. What does the state want from me?
Section 3-114(d-5) asks a surviving spouse for proof of the death, proof that ownership passed to them, and proof of the marriage, sent with the last title if you have it, a title application and any fees or taxes due. With the title in your name, you sell it like any other car you own.
Both our names were on the title. Is that simpler?
Usually. If you held it as joint tenants with survivorship, you send proof of the death and of your survivorship, the last title if available and an application, within 120 days of the death. You don't need an estate opened for that route.
Mom left two cars. Can both go in one trip?
Yes, one visit can take more than one car. Each car still needs its own papers in order, so tell us about both when you ask for an offer and we'll check them together on the call.
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