Clearing Several Old Vehicles From an Estate or Farm

Walk the property with a phone and a notebook. Use one line per vehicle, including trailers and anything with a plate.

Then search the house, the shop and the safe for titles, registrations and old bills of sale. Keep each one with its line on the list.

Before anything leaves the property, confirm who has the legal right to sign for the estate. Under WAC 308-56A-335, an estate transfer uses letters or a clerk’s certificate if the estate is being administered, a death certificate for a surviving joint owner with right of survivorship, and a death certificate plus an affidavit of inheritance or succession if it is not. An affidavit of succession has limits, in RCW 11.62.010. The DOL form is Affidavit of Inheritance form 420041.

With several heirs, several vehicles and possibly a farm operation, this is where an estate attorney can save you a lot of trouble, especially if anyone disagrees or the estate’s value is near the limit. Do not let a relative or a buyer haul something off on a handshake.

Do this before anyone gets a group quote. A running farm truck, a classic or a tractor with demand may be worth far more in a private sale or estate auction. Have someone who knows these vehicles walk the list with you.

If you are selling several to the public, know that Washington’s dealer license rule looks at numbers. RCW 46.70.021 makes it a gross misdemeanor to buy and sell five or more vehicles in 12 months without a license, and the Attorney General describes it as anyone who sells five or more in a 12-month period. We did not find how this applies to an estate, so ask the Department of Licensing before you list five or more.

Old farms and shops collect batteries, tires, drums of oil and parts. These have their own rules, and they are separate from the vehicles.

• Batteries: a vehicle battery may not be knowingly disposed of except to a seller of lead acid batteries, an authorized entity or a secondary smelter. The fine is up to $1,000 each, under RCW 70A.205.505. See battery disposal.
• Tires: disposing of them outside a designated site carries a civil penalty of $200 to $2,000 per offense, under RCW 70A.205.400. See tire disposal.
• Oil and antifreeze: do not pour them out or mix them. See oil and antifreeze disposal.
• Spills: report them to Ecology at 1-800-OILS-911. A spill to water must be reported immediately to both 1-800-258-5990 and 1-800-424-8802.

• Check each vehicle one last time for personal papers and keepsakes.
• Take the plates off. DOL says sellers are legally obligated to remove them.
• Hand over the right document for that vehicle.
• File a report of sale for each one within five business days, as RCW 46.12.650 requires. See how to file.
• Keep one folder for the estate: the document, the report, the amount received and the buyer. Whoever handles the estate’s accounts will want it.

Call us at (206) 941-0612 with your list and photos. More than one car is fine if they are registered in your name in Washington. If they are in the name of someone who has died, or anyone else, tell us what you have and we will tell you whether we can take it. Our guide to selling several cars covers scheduling, and scrap car removal describes the pickup.