The Short Answer

Sometimes—but not simply because you are the child. In Pennsylvania, the vehicle is typically part of the estate, and the person with legal authority to deal with it is the court-appointed personal representative (executor/administrator), not an heir acting alone.

You may be able to pay off the loan and ultimately receive title, but refinancing or retitling usually requires the estate’s authority and must account for the lender’s lien and the estate’s debts.

What Pennsylvania Law Says

Under Pennsylvania probate law, legal title to a decedent’s personal property (which generally includes a car) passes to the estate’s personal representative as of the date of death. That means the executor/administrator is usually the person who can sign documents to sell, transfer, or otherwise handle the vehicle during administration.

The Statute

The primary law governing who controls a decedent’s personal property is 20 Pa.C.S. § 301(a).

This statute establishes that legal title to the decedent’s personal estate passes to the personal representative, which is why lenders, PennDOT, and insurers often require letters testamentary/administration (or other estate authority) before they will process payoff, release a lien, or retitle.

Separately, Pennsylvania’s Vehicle Code recognizes transfers “by operation of law” after a death and requires the transferee to apply for a new title with appropriate authority documents: 75 Pa.C.S. § 1114.

If you want more background on paperwork issues that often come up, see: What documents are needed to transfer a vehicle title after a death in Pennsylvania? and How do I retitle or register an inherited vehicle with a lien in Pennsylvania?.

Why You Should Speak with an Attorney

Even when everyone in the family agrees, car loans during probate can get complicated fast because the lender’s lien, PennDOT title rules, and estate administration rules all intersect. Legal outcomes often depend on:

• Authority to act: If you are not the court-appointed personal representative, the lender may refuse to discuss payoff terms or accept a refinance/assumption, and PennDOT may require estate authority documents for title work. (See 20 Pa.C.S. § 301(a).)
• Liens and payoff timing: You generally cannot receive clear title until the lienholder is paid and releases its lien; refinancing can be treated as a new credit transaction that the estate may or may not be able to enter without court involvement.
• Estate debts and fairness to heirs: If the estate has other debts, transferring a vehicle “cheap” or outside the proper process can trigger objections by creditors or other beneficiaries and create personal liability for the person administering the estate.

Because one wrong step can delay probate, create family conflict, or leave you paying on a car you cannot legally retitle, it’s worth having a Pennsylvania probate attorney review the loan status, who has authority, and the cleanest way to get you into title without creating estate problems.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.