Using a Deceased Person's Vehicle and ICBC Insurance in British Columbia

A car sitting in the driveway after a death raises practical questions. Can someone drive it, does the insurance still apply, and what has to be done with ICBC?

This article explains how the vehicle fits into the estate in British Columbia, what the Province says about notifying ICBC, and which questions are best confirmed with an Autoplan broker before anyone drives the car.

This article covers the law of British Columbia.

The vehicle is part of the estate

A vehicle owned by the deceased is estate property. A personal representative has the same authority over the estate as the deceased would have if living, subject to a contrary intention in the will and to any enactment. The representative must administer and distribute the estate and account to beneficiaries and creditors.

If there is a will, it may name an executor. If there is no will, a person can apply to handle the estate as administrator.

Can anyone drive it?

This is the question families ask most, and it depends on the insurance in place and the facts. Whether a family member may drive or park the vehicle before it is transferred is not something we can state as a general rule. Confirm it with an Autoplan broker or ICBC before anyone gets behind the wheel, because driving without valid coverage can have serious consequences.

• Do not assume the existing policy covers a new driver.
• Ask whether the vehicle can be parked on a street or only on private property.
• Ask what happens to coverage while the estate is being sorted out.
• Keep notes of who you spoke with and what they said.

Notifying ICBC and others

The Province lists the ICBC driver's licence, and the vehicle and policy through an Autoplan broker, among the BC items to deal with in the months after a death. Federal notices such as Service Canada and the CRA are things to do sooner.

Details such as how a refund on cancelled insurance is calculated, and what documents the broker will ask for, are not set out in the general guidance. Ask the broker directly. You will likely need a death certificate, so it helps to order several. Certificates cost $27 by mail or $60 by courier, and take 2 to 5 business days to print plus mailing. You can order online by credit card, at a Service BC counter with form VSA 430D, or by mail, and a funeral home can also supply copies.

Transferring or selling the vehicle

If the vehicle is going to a beneficiary, the representative must not distribute the estate within 210 days after the grant is issued except by court order. Distribution within that period is allowed with the consent of beneficiaries or intestate successors. Check the exact wording of that rule with a lawyer before relying on it.

Institutions set their own rules on whether probate is required before releasing assets or closing accounts; some require a grant of probate, others do not. Ask ICBC or your broker what they need for a transfer, since requirements for a vehicle may differ.

Executors and administrators may be held personally liable for valid debts of the estate if they remain unpaid after the estate is distributed. If the vehicle has a loan or lien, deal with that before handing the car over.

What to do next

• Locate the vehicle registration, insurance papers and keys.
• Do not let anyone drive the vehicle until an Autoplan broker confirms coverage.
• Order several death certificates.
• Notify ICBC and the Autoplan broker in the months after the death.
• Check for any loan on the vehicle.
• Keep the vehicle's value in your inventory of assets.

If the estate is complicated, or beneficiaries disagree about who should receive the car, speak with a lawyer before you transfer or sell it.

Frequently asked questions