Millions of people in Switzerland own a car and rely on it for their daily lives. When someone dies, that person\u2019s car is passed on to their heirs. In principle, the heirs are then allowed to use it, but they must complete certain administrative procedures in a timely manner. <\/p>\n\n\n\n
According to the Federal Statistical Office, there were 6.4 million motorized road vehicles (cars, motorcycles, etc.) registered in Switzerland in 2023. Upon the death of the decedent, these vehicles become part of the estate<\/a>. This means they become the joint property of all heirs<\/strong>. The heirs<\/strong> must agree on who is permitted to use the car in the future and to whom it will ultimately be transferred as part of the division of the estate<\/a>. Any person who wishes to use a deceased person\u2019s car requires the (private-law) consent of the heirs<\/strong>. If there is only a single heir, the division of the estate does not apply, and the heir immediately becomes the sole owner of the vehicle. <\/p>\n\n In order to be permitted to drive on public roads, the vehicle must also be registered with the cantonal motor vehicle office in the owner\u2019s place of residence. The vehicle owner can only be one living<\/strong> person (or more than one). Therefore, following the death of the deceased, the car<\/strong> must be registered in the names of the new owners<\/strong>. These may be one or more individuals (e.g., a community of heirs). These individuals are listed on the vehicle registration certificate and are legally responsible for the car. <\/p>\n\n It is not prohibited per se to drive a vehicle whose registration documents list a deceased person, but these documents should be updated as soon as possible. Otherwise ,<\/strong> drivers risk criminal prosecution if they<\/strong> use licenses or license plates that are no longer valid<\/strong>. <\/p>\n\n Most cantonal civil registration offices forward the <\/strong>most recent death reports to the motor vehicle departments <\/strong>. Based on this information, the motor vehicle department then contacts the surviving relatives<\/strong>. They are generally required to surrender the license plates or transfer ownership of<\/strong> the vehicle to a new owner<\/strong> within a few weeks or one month. To do so, cantonal forms must be completed and administrative fees paid (usually between CHF 50 and CHF 200). If you do not receive a letter from the relevant Department of Motor Vehicles within a few weeks of a death, we recommend contacting them by phone or email. <\/p>\n\n If it is still unclear who will inherit the car, the community of heirs<\/strong> is registered as the owner<\/strong> \u2014 as a group of persons<\/strong> \u2014until the estate is divided. According to the Federal Supreme Court, \u201cthe person on whose account and at whose risk the vehicle is operated and who has actual and direct control over it\u201d<\/a>is primarily liable for the car. Thus, if the community of heirs is listed on the vehicle registration certificate but only individual heirs use the vehicle, then (only) the latter are liable<\/strong> as owners under the Road Traffic Act (SVG) in the event of an accident<\/strong>. If the car is not used by anyone, all heirs are jointly liable. <\/p>\n\n In order for a car to be registered, motor vehicle liability insurance must be in effect. As a general rule, the decedent had taken out a policy<\/a> with an insurance company for this purpose. This insurance does not<\/em> automatically end upon the policyholder\u2019s death<\/strong>. Rather, the legal status as a party to the contract\u2014just like the car itself\u2014passes to the heirs upon the policyholder\u2019s death. <\/p>\n\n Occasionally ,<\/strong> the general insurance terms and conditions provide for<\/strong> a special right of termination if the original policyholder dies<\/strong>. In this case, the heirs have the option of taking over the deceased\u2019s insurance policy or taking out their own liability insurance. If the policy does not provide for a special right to terminate, the heirs may terminate or switch the insurance policy as of the next regular renewal date. <\/p>\n\nRegistration with the Department of Motor Vehicles and Liability in the Event of Accidents<\/h2>\n\n
Automobile Liability Insurance<\/h2>\n\n