Legal Question in Wills and Trusts in Virginia

Re: Get executive court order

I actually don't agree here. Two years ago you were supposed to go to the Clerk of the Circuit Court (ask for probate issues) and ask to be appointed as executor/personal representative. It does not matter whether or not your husband had a will. Now, if your husband owned very little at his death, you can and SHOULD be very careful to qualify as a small estate that is exempt from a lot of the reporting requirements, which can be a big pain in the neck. But technically (if not exempt on the basis of being a small estate) you were supposed to file an inventory of everything that he owned and reports on everything that was distributed, to whom and where.

The court will give you a certificate (appointment as executor) which gives you the power to sell or manage anything that was owned by your husband.

Also, as executor, you will have the power to transfer any items to your husband's heirs. So, you can transfer title of the car (and anything else) from your husband's name to yourself.

Since your husband had no will, you are the only heir as his wife, unless he had children from a prior marriage. Then it gets complicated.

Re: Get executive court order

What they want you to do is have the probate court qualify you as your late husband's "administrator"; if he had left a will you would be called his "executor."

This should not be necessary. I suggest you go back to DMV with a copy of his death certificate and ask that the title be transfered into your name as his sole beneficiary. If one DMV gives you trouble, go to another DMV office. Often it depends on whom you get at the DMV window.

When the title is in your name, you can get the car properly registered and licensed.

If all else fails, you can get qualified as his administrator, but that's a stretch just to get the car put in your name.