Renewing registration/tags on vehicles while in probate

[Gdeann]

Jurisdiction

Kansas

I am the executrix of my brothers estate which is currently in probate. There are a few renewals of registration/tags due on a few vehicles by the end of the month.
The county treasurer is telling me those can not be renewed since the owner has passed. She said I need to wait until the vehicle has been turned over to the new owner and the estate is out of probate. Then the heir has 60 days to register.
I'm confused because I thought part of my legal duty as executrix, was to keep everything "as is" while in probate. Example: vehicle, homeowners insurance etc.

 

[adjusterjack]

I'm confused because I thought part of my legal duty as executrix, was to keep everything "as is" while in probate. Example: vehicle, homeowners insurance etc.

That's true but your duties may get modified by laws and procedures that are beyond your control.

I found the following on the Kansas DOR website:

What is the procedure when an owner is deceased, there is no Transfer On Death designation and the title is being held in electronic format?

Legal heirs may apply for a Decedent's Title, TR-83a, or use the Claim of Heir Affidavit, TR-83b, by completing either of the forms and taking the completed form, the Lien Holder Consent to Transfer, form TR-128 and a copy of the current registration or verification to their local county treasurer's motor vehicle office. The executors or administrators of estates may apply for an original title using the same process. A trustee may transfer property by using a Certificate of Trust, TR-81. A title fee will apply, along with any other appropriate fees or taxes.

If the lien has been paid off, use the assignment portion of the Lien Holder Consent to Transfer form, TR-128, attach the lien release in lieu of the lien holder's portion of the consent and go to your local county treasurer's motor vehicle office and make application for title. The executors or administrators of estates, per the probated will, may apply for an original title through the same process.

Kansas Department of Revenue - Frequently Asked Questions About Titles and Registrations

I also found a comprehensive Title and Registration Manual from the Kansas DOR. Might be something in there that'll explain things:

https://www.kdor.org/county/ctl/TRInfo/Manuals/ctm/TitleandRegistration.pdf

If you want to dig deeper, the vehicle statutes are at:

2013 Kansas Statutes :: Chapter 8 AUTOMOBILES AND OTHER VEHICLES :: Article 1 GENERAL PROVISIONS

Meantime, when the registrations expire, make sure nobody's driving the vehicles. It would be best if you parked the vehicles in the garage and secured the keys so nobody can get to them.