Motor Vehicles in a Deceased Estate: Transferring Ownership in Queensland

DisclaimerThis guide is provided for general educational purposes only and does not constitute legal or financial advice. Vehicle-transfer rules, fees and stamp-duty concessions can change without notice. Anyone handling a deceased estate in Queensland should confirm current requirements with the Department of Transport and Main Roads (TMR) or seek professional assistance.


When a loved one dies leaving a registered car, ute, motorbike or caravan, the executor (or next of kin) must decide whether to keep, sell or dispose of the vehicle. Queensland’s Department of Transport and Main Roads sets out a straightforward—but document-heavy—process for retitling or cancelling the registration.

Getting the paperwork right avoids late-transfer penalties, unexpected stamp duty and potential personal liability for road-toll or traffic infringements issued after death.


Initial Steps for the Executor or Administrator

Secure the vehicle as soon as practicable. This may involve retrieving keys, removing valuables and arranging appropriate insurance in the name of “the estate of <deceased>”.

Locate the essentials. You will need the current registration certificate (or plate number), a certified copy of the death certificate and—if probate will be required—either a sealed grant or letters of administration. Small estates often transfer without probate when the total estate value is modest and no one contests the will, but most insurers and buyers prefer to see some proof of authority.

Verify any finance. A Personal Property Securities Register (PPSR) check confirms whether the car is still under finance. The estate must discharge any loan before selling or transferring.


Choosing a Transfer Path

Executors generally have two options:

PathWhen It FitsCore PaperworkStamp Duty / Fee
Transfer to a beneficiaryBeneficiary wishes to keep the vehicle and the will specifically gifts it to them or they receive it as part of their share• Form F3520 (Vehicle Registration Transfer Application)
• Certified death certificate
• Evidence of executor authority (probate, letters, or statutory declaration)
• Odometer reading & safety certificate (if due)
Vehicle passes duty-free if transferred exactly in accordance with the will or intestacy scheme¹
Sell to a third partyEstate needs cash or no beneficiary wants the vehicle• Same Form F3520
• Dealer contract or private-sale bill of sale
• Safety certificate (unless exempt)
Buyer pays normal transfer duty; seller lodges the form within 14 days to avoid late fee

¹ Duty exemption relies on section 124 of the Duties Act 2001 (Qld)—any deviation (e.g. one beneficiary “buying out” another) triggers ordinary motor-vehicle duty.


Practical Hints for a Smooth Transfer

  • Safety certificates (roadworthy) remain valid for 2,000 km or 2 months, whichever expires first. Book an inspection early to prevent delays.
  • Digital rego transfer is available through a TMR account if both parties have a Queensland driver’s licence, easing paperwork for straightforward beneficiary transfers.
  • Number plates can stay with the vehicle unless personalised; personalised plates can be transferred separately or surrendered.
  • Unregistered vehicles require a temporary permit to be driven for inspection—arrange online before moving the car.
  • Tolls and fines incurred after death become the estate’s liability until transfer or cancellation—update the account promptly.

Frequently Asked Questions

Is probate always required before transferring a vehicle?
No. TMR may accept a statutory declaration if the estate is small, uncontested, and the applicant can prove entitlement. Large dealerships and insurers, however, often insist on seeing a sealed grant.

Does the beneficiary need to pay transfer duty if they already co-owned the car?
Usually not. Where the deceased and beneficiary were joint registered operators, the survivor can lodge a Form F2495 (“Notification of Operator Changes”) with a death certificate to become the sole operator duty-free.

What if the car is interstate at the time of death?
Complete a Queensland transfer into the estate’s name first, or, if it was never QLD-registered, lodge for registration in the destination state using probate documents. Confirm insurance coverage while in transit.

Can an executor drive the vehicle before the transfer?
Yes, provided registration and insurance remain current and the vehicle is used solely for estate administration (e.g. delivering household goods). Using it for personal errands before ownership is clarified may expose the executor to liability.


Key Take-Aways

  • Act quickly: secure the vehicle, confirm insurance and locate the log-books.
  • Collect the right documents: death certificate, proof of executor authority, registration certificate and a valid safety certificate.
  • Use the duty exemption: transfers to beneficiaries named in the will or entitled on intestacy are ordinarily free of motor-vehicle transfer duty.
  • Lodge within 14 days to avoid TMR late-transfer penalties and unwanted infringements in the estate’s name.
  • Update toll accounts and insurer details immediately after the transfer to stop automatic debits and ensure correct liability.

Sources / Citations

  • Queensland Department of Transport and Main Roads, Vehicle Registration Transfer Guide (version 2025).
  • Duties Act 2001 (Qld) ss 123–128 — duty on deceased-estate property.
  • Personal Property Securities Act 2009 (Cth) — registrar search requirements for encumbered vehicles.
  • Queensland Government, Safety Certificate Inspection Scheme Handbook (2024).
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Last updated: 07 July 2025

Disclaimer: This information is designed for general information. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1300 580 413 or contact us to arrange free initial advice.

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