A deceased person's vehicle: buying or transferring it without a misstep

The SAAQ form defines it plainly: the liquidator is the person named as such in the will. If the will names none, or if there is no will, it is the person who represents the heirs. The form in fact provides two separate boxes — liquidator named by will, or representative of the heirs with or without a will — and, in the second case, the person signing declares that they act with the consent of all the heirs.

For buyers, this has a practical implication: the person handing you the keys is not necessarily the one who can sign. A spouse, a child or a neighbour who “looks after the car” does not have that power simply because of their tie to the deceased. Ask from the first call who the liquidator is — and whether there are several. The SAAQ form covers that case: the person signing declares that they are one of the people named and act jointly with the others, or are exempt from doing so.

Being liquidator does not automatically give the right to sell everything. According to Éducaloi, if the will grants the liquidator the power to “sell”, they may sell the estate's property. Otherwise, they must obtain the authorization of the heirs or, failing that, of the court.

The Civil Code of Québec provides an exception to that rule: under article 804, the liquidator may alone dispose of movable property that is perishable, likely to depreciate rapidly or expensive to preserve. A car may fall into one of those categories depending on the circumstances — but it is not automatic, and it is up to the liquidator, with their notary, to judge. If you are buying in that context, ask on what basis the liquidator is selling alone.

On the family side, another trap awaits the heir who would simply like to keep the car. Again according to Éducaloi, taking property before the liquidation is complete is, in principle, equivalent to accepting the estate, debts included. The rule has exceptions for items of sentimental value, but a vehicle is not among the examples cited. Before bringing the car home, it is better to talk to the notary or the liquidator. Handing property to an heir is not a sale to a third party: it is part of the partition, and Éducaloi points out that the person responsible for the liquidation who distributes the property without having obtained the tax certificates — the certificate authorizing the distribution of property from Revenu Québec and the federal clearance certificate — could have to pay the amounts owed themselves. Check with the professional handling the estate what is required before the transfer at the SAAQ.

The SAAQ page on vehicles from an estate (updated January 14, 2025) explains how to declare the death, drive the vehicle, then transfer it.

The SAAQ accepts a copy of one of these documents: the death certificate issued by Quebec's registrar of civil status, the death notice, the coroner's report or the burial certificate. If the deceased's driver's licence was already cancelled before the transfer request, that proof is no longer required.

The Declaration by the Liquidator of the Succession form (version 2025-06) offers three requests, and the choice deserves a moment's thought:

For each vehicle, the form asks for the vehicle identification number (VIN), the plate, the make, the model, the year and the odometer reading.

For the transfer, the SAAQ specifies that the liquidator must go to a service outlet with the heir or the purchaser. Plan for both people to attend the appointment. The SAAQ adds that a refund of registration fees for the unused months could be made to the estate upon storage or transfer. The general steps of a transfer — checks, costs, timelines — are detailed in our guide to registering a used car.

The tax treatment depends on what actually happens. According to the Revenu Québec page on the gift of a used road vehicle, QST does not apply when the vehicle is given by the estate of a deceased individual, in accordance with their will or the legislation on the transmission of property on death. Our article on sales tax on a used vehicle presents the other exemption cases. If the estate sells the vehicle to a third party, it is a sale between individuals: the buyer pays QST at registration, under the rules described in our private seller or dealership comparison.

One particular case deserves a check before you go: an heir who “buys out” the other heirs' shares, or a sale to a family member. Revenu Québec sets the conditions, and those are what count, not the label put on the transaction. Confirm with Revenu Québec which documents are required before going to the SAAQ.

An estate that sells is not a merchant. According to Quebec's consumer protection office (OPC), the Consumer Protection Act does not apply to a transaction between two individuals; the buyer keeps the warranty against latent defects provided in the Civil Code, but the seller can ask them to waive it in writing. According to the OPC, the buyer could still have a remedy if the seller knew of the defect. Yet a liquidator does not always know the vehicle's mechanical history: that is precisely why your own checks carry more weight.

Before buying from a private seller, the OPC recommends several checks:

Two further checks apply in this context. First, ask to see what establishes the seller's role — the will naming them, or the heirs' consent — and confirm that the person who will sign the SAAQ declaration is the person whose authority you verified. Second, a vehicle that has sat idle for weeks deserves a close look on the test drive: battery, brakes, tires. Think as well about VIN-related safety recalls, which the owner may not have had time to get done.

Then there is payment. After a death, Éducaloi explains that the liquidation goes through an account opened in the estate's name, which receives the funds and pays the debts. So make your payment to the estate, by a traceable means, rather than to a relative. And ask for written confirmation of the sale bearing your contact details, the liquidator's, the VIN, the price and the date.

If a manufacturer's warranty or an extended warranty is still in force, the OPC specifies that it remains valid for the new owner, with no transfer condition. Ask for the warranty documents and the service record along with the rest of the file.

You can sell to an individual or to a dealer, and the two do not take the same amount of time. Selling to an individual means an ad, visits, test drives and a negotiation — then the appointment at the SAAQ with the buyer. Our article on selling your car sums up the steps. When settling an estate, those weeks often pile on top of everything else.

Selling to a dealer simplifies the process: an appraisal, an offer, a payment. Before you go, ask the dealer which documents they require from the estate — proof of death, the document establishing your role as liquidator, the registration certificate — to avoid a second trip. You can have the vehicle appraised online to get a first ballpark figure. Whichever route you take, keep a written record of the price and the heirs' consent: it will support your accounting of the estate’s administration.

Many people who type “vehicle for sale owner deceased” are looking above all for a good price. That is understandable, and an estate sale can offer a good price. It simply has to be weighed against its true cost: the checks at your expense, the absence of a merchant's legal warranty and the time the paperwork takes. At a dealer, the warranties of the Consumer Protection Act apply — our article on the legal warranty on a used vehicle details their scope. To compare, you can browse the used inventory of Groupe Beaucage's 25 dealerships, or target the certified vehicles.