Selling an inherited car: what heirs need to clarify first
The car now belongs to the heirs, and they may only sell it together. What to clarify first: disclaiming the inheritance, the certificate of inheritance, license plates, insurance and taxes.
In short
- Several heirs can only sell the car together (Art. 602 CC).
- If you sell too early, you usually can no longer disclaim the inheritance (Art. 571 CC).
- Report the death to the road traffic office, in Zurich and Bern within 14 days.
If you want to sell an inherited car, you need more than the keys and the vehicle registration document (Fahrzeugausweis). When someone dies, the car passes to the heirs, together with everything the deceased owned or owed. So before a sales contract is signed, it must be clear whether the inheritance is accepted, who is allowed to sign and which documents the buyer and the road traffic office (Strassenverkehrsamt) want to see.
Inheritance law applies throughout Switzerland, while the authorities and procedures are cantonal; the examples are as of September 2026. This guide provides general information and is not legal or tax advice.
Clarify first: accept or disclaim the inheritance?
By law, if you inherit, you also take on the debts of the deceased (Art. 560 CC); several heirs are jointly and severally liable, that is, each of them for the entire debt (Art. 603 CC). If you don’t want that, you can disclaim the inheritance within three months. For statutory heirs, this period starts as soon as they learn of the death; if a precautionary inventory has been taken, it starts when they are notified that it has been completed (Art. 567 and 568 CC).
You lose this right if you “interfere” with the estate beforehand, that is, if you do more than merely administer it or take items from it for yourself (Art. 571 para. 2 CC). The courts decide case by case where the line lies; your intention doesn’t matter. In its information sheet, the canton of Thurgau expressly describes selling vehicles as not permitted, and the same goes for paying the deceased’s bills.
Anything that safeguards the estate is allowed: locking the car, moving it and parking it somewhere protected, keeping the keys and papers together, informing the insurer and the authorities. In its information sheet, the town of Kriens also counts returning the license plates among these steps.
If it is unclear whether there are any debts, get an overview first. In the canton of Zurich, the district court issues an “information certificate” (Bescheinigung für Auskunft) for this purpose, which you can use to make inquiries at banks and authorities; you only order the certificate of inheritance (in Zurich: Erbschein) from the court once it is certain that you will not disclaim. Within one month, any heir who is still entitled to disclaim can request a public inventory of the assets and debts (Art. 580 CC).
Tax law also slows things down: after a death, a tax inventory is usually drawn up. Until it is available, heirs may only dispose of the estate with the consent of the inventory authority (Art. 154 and 156 DBG).
Tip
If there may be debts, the rule is: clarify first, then sell. If all the nearest heirs disclaim, the bankruptcy office liquidates the estate, including the car (Art. 573 CC).
Who is allowed to sell an inherited car?
The vehicle registration document names the registered keeper, not the owner (Art. 78 VZV). So before you can sell an inherited car, you need to check whether it belonged to the deceased and whether a will leaves it to someone. After that, it depends on who inherits:
| Situation | Who sells | Proof |
|---|---|---|
| sole heir | that person alone | certificate of inheritance |
| several heirs | all of them together or an authorized person | certificate of inheritance; signatures or power of attorney |
| executor appointed | the executor | executor’s certificate |
Until the estate is divided, several heirs form a community of heirs. The car belongs to all of them together, and they can only sell it jointly (Art. 602 CC); a majority is not enough. Either everyone signs the sales contract, or they authorize one person in writing. A power of attorney from the deceased doesn’t help here, because it expires on death unless otherwise stipulated (Art. 35 CO).
If the will appoints an executor, the executor administers the estate, pays the debts and prepares the division (Art. 517 and 518 CC). The sale then goes through the executor.
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The documents buyers and the road traffic office require
What a buyer wants to see
A buyer wants to be sure that all the heirs agree. So have the following ready:
The certificate of inheritance (Art. 559 CC; depending on the canton also called Erbschein or Erbenschein) lists all the heirs. In Zurich, it is issued by the district court at the deceased’s last place of residence, in Aargau by the court president, and in Bern by notaries. Allow time for this: the Zurich courts expect six to twelve weeks even in simple cases.
What the road traffic office requires
When a car passes to a different registered keeper, a new vehicle registration document is required (Art. 11 para. 3 SVG). So after a death, the document is either canceled and the license plates go back to the office, or the car is re-registered in the name of one of the heirs or, for the time being, the community of heirs. For a sale to a third party, the cancellation is enough; how it works is explained in the guide Deregistering your car after the sale. Which documents the office requires varies from canton to canton:
| Canton | Reporting the death | Re-registering the car |
|---|---|---|
| Zurich | within 14 days, with a confirmation of death or a death notice | within 3 months, in the name of a family member or the community of heirs |
| Bern | within 14 days, with a death certificate or a printed death announcement | also within 14 days, if necessary in the name of the community of heirs |
| Vaud | with a copy of the death certificate | with the certificate of inheritance and a power of attorney from all the heirs |
Vaud requires the certificate of inheritance and the power of attorney even for a mere cancellation. In Lucerne, the original vehicle registration document marked “Annullieren” (cancel) and the plates are enough for this.
License plates and insurance after a death
The license plates remain the property of the authority (Art. 87 para. 5 VZV). Each canton decides for itself whether relatives can take over the number and what this costs: after a death, Bern charges no transfer fee, Lucerne charges CHF 70. Once the plates have been returned, the car may no longer be parked on public roads or in public parking spaces (Art. 20 VRV).
The liability insurance does not end automatically on death. With a change of ownership, the insurance contract passes to the new registered keeper; it lapses as soon as the new keeper registers the car with another insurer (Art. 67 SVG). Still, report the death to the insurer right away.
Can you keep driving a deceased person’s car?
The authorities don’t give a uniform answer. The canton of Vaud states that the car may be driven until the certificate of inheritance is available, provided the insurer agrees and the motor vehicle tax and premiums have been paid. Zurich and Bern only mention deadlines. So ask the road traffic office and the insurer before anyone drives off, and get the consent of your co-heirs. If disclaiming the inheritance is a possibility, it’s better to leave the car parked.
Inheritance tax and sale proceeds
Inheritance tax is not levied by the federal government but by the canton; Schwyz and Obwalden have none. According to the overview by the Federal Tax Administration (as of January 1, 2025), spouses and registered partners are exempt everywhere, and direct descendants in most cantons, for example in Zurich, Bern and Aargau; Solothurn also levies an estate tax. The tax is usually based on the value on the day of death, not on the sale price; the tax office at the deceased’s last place of residence can give you information.
The sale does not trigger any income tax, because gains from selling private assets are tax-free (Art. 16 para. 3 DBG). More on this under Tax on selling a car.
Special cases: leasing, loans and the car nobody wants
- Leased car: It belongs to the leasing company and is not part of the estate. The terms and conditions of AMAG Leasing and Santander Consumer Finance, for example, list death among the cases of early termination of the contract: the installments are recalculated retroactively using the table in the contract, and any additional payment is a debt of the estate. Contact the leasing company early; how a sale works is shown on the page Selling a leased car.
- Financed car: An outstanding loan passes to the heirs as a debt, unless the contract provides cover in the event of death, as BANK-now states for CREDIT-now loans. With a personal loan, the car is part of the estate and can be sold; with a retention of title or Code 178, the lender’s consent is required. More on this in the guide Selling a financed car.
- The car nobody wants: Even an old car can only be given away by all of you together. If it still runs, selling it for export is an option. An end-of-life vehicle belongs at a disposal company with a cantonal permit.
Setting the price and dividing the proceeds
It’s best if none of the heirs sets the price on their own. Get an estimate from a garage or several written purchase offers and compare them with listings of similar cars; the guide to a free car valuation shows how.
If one of you wants to keep the car, you are free to agree on that (Art. 607 para. 2 CC). An example with assumed figures: the car is worth CHF 12’000, and three siblings inherit in equal shares. If one of them takes over the car, the other two are each entitled to CHF 4’000 for it. If you can’t agree on who gets it, the law provides for the car to be sold and the proceeds divided (Art. 612 para. 2 CC).
Six steps to the sale
- Report the death to the road traffic office (within 14 days in Zurich and Bern) and inform the insurer.
- Check the will and the ownership: did the car belong to the deceased, and is there an executor?
- Clarify the debts; each heir decides for themselves whether to accept. Until then, nothing is sold.
- Order the certificate of inheritance as soon as it is clear who accepts.
- Determine the value and obtain a power of attorney or the signatures of all the heirs.
- Sell the car and have the vehicle registration document canceled. Until the estate is divided, the proceeds belong to all the heirs jointly.
Once it is certain that you are accepting the inheritance, you can also offer the car to verkaufedeinauto.ch. Mention in your request that it is part of an estate and who will sign; the next steps will then be agreed with you. The online valuation is free and non-binding, and the firm offer is based on your information and photos. Payment is made at the handover by instant bank transfer, and the deregistration is included. Request your offer here.
Frequently asked questions
Can I sell a deceased person’s car right away?
Better not. As long as the period for disclaiming the inheritance is running, a sale can count as interfering with the estate: you can then no longer disclaim and are also liable for the deceased’s debts. If there are several heirs, everyone’s consent is also required. You can park the car safely and report the death to the road traffic office before that.
Do I need a certificate of inheritance to sell an inherited car?
The law does not require a certificate of inheritance (Erbschein, also called Erbbescheinigung) for selling a car. A careful buyer will ask for it, though, because it shows everyone who has to agree. Some offices require it too: the canton of Vaud wants to see it, together with a power of attorney from all the heirs, even just to cancel the vehicle registration document.
What happens to the license plates when the registered keeper dies?
The plates remain the property of the authority. If nobody needs them for the time being, they go back to the road traffic office or are deposited there; in Zurich, storing them for one year costs CHF 50. If a family member is to take over the number, you need the vehicle registration document, the canton’s form and proof of insurance in that person’s name, and depending on the canton also the certificate of inheritance.
What if the heirs can’t agree about the car?
Without agreement, there is no sale, because the community of heirs can only sell jointly. An outside estimate that everyone can rely on often helps. If the dispute continues, any co-heir can ask the competent authority to appoint a representative for the community of heirs (Art. 602 para. 3 CC) or demand the division of the estate, if necessary by taking legal action (Art. 604 CC).
Sources
- Swiss Civil Code (CC, SR 210), Art. 517–518, 559–573, 580 and 602–612
- Canton of Thurgau: Information sheet “Disclaiming an inheritance”, PDF (in German)
- Courts of the canton of Zurich: Disclaiming an inheritance, with information sheet (in German)
- Canton of Zurich, road traffic office: Reporting a death (in German)
- Canton of Vaud, Service des automobiles: What to do in the event of a death? (in French)
- FTA and Swiss Tax Conference, tax information dossier: Inheritance and gift taxes (in German)
