How to Sell a Deceased Person's Car in Illinois

Somebody has to hold the legal right to sign the title, and Illinois gives that right to different people depending on two questions: was the car in the deceased person’s name alone or held jointly, and is the estate going through probate? The Secretary of State lays out the routes on its page for titles of deceased owners (Illinois Secretary of State), and the deadlines sit in the Vehicle Code’s section on transfers by operation of law (625 ILCS 5/3-114).

Find the title first. It’s often in a kitchen drawer, a fire box or a folder of car papers, sometimes with the original bill of sale. Look in the glove box too, along with the spare key and any garage opener.

Which route fits your family

Situation	Who signs or applies	Main papers	Deadline in the statute
Two names on the title	Surviving joint owner	Death certificate copy, original title	120 days after the death
Car passes to the spouse	Surviving spouse	Proof of death, of the transfer and of the marriage, plus the title	180 days after the death
No probate, estate within the small estate limits	Person signing the small estate affidavit	Affidavit, death certificate copy, title	120 days
Estate in probate	Executor or administrator	Certified letters of office, title signed by the representative	Before the estate closes
None of the above fits	Heir or legatee	Attorney’s affidavit on letterhead, death certificate	None stated

When the title is held jointly, the Secretary of State’s page explains that the surviving owner either applies for a corrected title in their own name or assigns the original title directly to a buyer, with a copy of the death certificate. For a car headed to scrap, the direct assignment is the shorter path.

The small estate affidavit, and what changed in 2025

This route is built for estates that skip probate. The affiant files a Small Estate Affidavit describing the car’s year, make and VIN, along with a copy of the death certificate and the title, which doesn’t need to be assigned. The affiant doesn’t have to be an heir, and if there’s a will, a certified copy goes with it. The Secretary of State supplies its own affidavit form, and the statute lets the transfer go either to the person entitled to the car or to someone that person names.

The limits changed recently, and the Secretary of State’s web page still describes the old one. For deaths on or after August 15, 2025, Public Act 104-0346 rewrote the Probate Act’s small estate section: registered vehicles no longer count toward the cap, the cap on everything else rose to $150,000, and an affidavit used only for a Secretary of State title transaction on the deceased person’s vehicles can be used without regard to the size of the estate. For earlier deaths, the older form and its $100,000 ceiling on the whole personal estate apply (755 ILCS 5/25-1).

One more adjustment is coming. Starting January 1, 2027, Public Act 104-0624 says motor homes, mini motor homes, van campers, vehicles used as living quarters, trailers that aren’t self-propelled, commercial vehicles, buses and commuter vans don’t get the vehicle exclusion when the estate is valued. If the estate includes an old camper or a work truck, that matters. We buy those as well, along with the family car, and one pickup can take more than one vehicle.

If the estate is in probate

The court-appointed representative signs for the estate. The Secretary of State asks for a certified copy of the letters of office, the probate court’s papers naming the executor or administrator, with the title assigned by that representative to the buyer. The application has to be made before the estate closes, so if you’re the executor, don’t wait until the last court date to deal with the car in the garage.

When the title can’t be found

Nobody needs to order a duplicate title in these situations. The Secretary of State’s deceased-owner page says an affidavit stating that the title is lost, with a statement explaining the transfer, is enough. On the small estate or attorney’s affidavit routes, that statement can go right into the affidavit. On the probate route, the executor signs a statement listing the year, make, model, VIN and the new buyer’s name.

If you’re missing more than the title, tell us what you have: the deceased owner’s registration card, an insurance card, a letter from the court. Illinois rules decide which documents work for a scrap sale, and we go through yours on the phone before anyone schedules a truck. Our page on cars without a title has more.

Plates and the city sticker

The plates were the deceased owner’s. They come off at pickup like any other sale, and the Chicago city sticker can’t pass to another person. Our guide on plates and the city sticker covers both. If the car carries a title from another state, read the out-of-state title guide too.

When you’re ready

There’s no rush on our side; an offer from us doesn’t expire. When the papers are in order, call (872) 356-9663 between 6 a.m. and 6 p.m. or send the car’s details through the quote form. We’ll pick it up from a bungalow driveway in Chicago Lawn, a garage out in Justice, or wherever it’s been sitting, and the junk car removal page explains the visit.