How does an executor of an estate gift a car to a relative?

First the executor must be appointed by the court. (The authority to pass title to property is obtained through the court. For small estates most courts have an expedited procedure.) Then the executor must distribution the assets of the estate according to the provisions in the will after the debts of the decedent have been paid. If the car is not specifically mentioned then it will pass according to the residuary clause in the will. If there is no residuary clause then the car will pass as intestate property to the heirs at law.

The executor must make certain to distribute intestate property with fairness to all of the beneficiaries. If the other beneficiaries have agreed to the transfer of the title to the car, the executor can sign over the title as the duly appointed executor according to the instructions promulgated by the state department of motor vehicles.

An executor is responsible for following state laws in the settling of an estate and can be held personally responsible for mishandling the assets. You should consult with an attorney who specializes in probate for guidance.