Detailed Answer

Short version: When a loved one’s vehicle has been repossessed, the personal representative (executor/administrator) must document the repossession in the estate inventory, collect all documents from the repossessing party and the title records, determine whether the vehicle belonged to the estate at the time of death, and preserve paperwork that shows what happened to the car (repossession notice, sale reports, receipts, payoff figures). Proper documentation protects the estate from improper deficiency claims and supports recovery if the repossession was wrongful.

Why careful documentation matters

The estate’s assets and liabilities are fixed as of the decedent’s date of death. If a vehicle was part of the decedent’s estate when they died, any repossession that occurs after death affects the estate, not the individual. Proper documentation helps the personal representative account for what happened, respond to creditor claims, defend against wrongful repossession or improper deficiency demands, and follow Montana probate rules for inventories and creditor notices (see Montana Code, Title 72: Decedents’ Estates: https://leg.mt.gov/bills/mca/title_72/).

Step-by-step: How to document a repossessed vehicle for the estate

1. Confirm the timing and ownership. Determine whether the vehicle was owned outright by the decedent, jointly owned, leased, or secured by a loan. Check the title and registration and the decedent’s records for loan paperwork. If repossession happened before death, it may not be an estate asset—still include a note in the inventory explaining the status.
2. Obtain written proof from the repossessing party. Ask the repo company or lender for a written record showing: date of repossession, reason for repossession, copy of the notice(s) they sent, whether they sold the vehicle and for what amount, and any accounting of costs, sale proceeds, and claimed deficiency. Keep originals or certified copies.
3. Get the vehicle’s title and lien search results. Pull a copy of the vehicle title history and any recorded financing statements. In Montana, vehicle title and registration matters are handled by the Montana Department of Justice Motor Vehicle Division (see vehicle title info: https://dojmt.gov/driving/vehicle-titles/). A UCC-1 financing statement or lien on the title will show secured interests.
4. Document the estate inventory entry. When preparing the estate inventory for the probate court, list the vehicle and then clearly note the repossession status. Attach the repo notice, lender accounting, bill of sale (if sold), auction paperwork, or other documents so the probate file reflects the full chain of events and the date(s) involved. Montana probate statutes and procedures guide inventories and accounting (see Montana Code, Title 72: https://leg.mt.gov/bills/mca/title_72/).
5. Preserve evidence. Keep photographs, copies of the vehicle’s key(s), the last title certificate available, odometer reading (if available), maintenance records, and any communication (emails, letters, phone logs) with the lender or repo company. If you suspect wrongful repossession, these items help support a claim or defense.
6. Check whether the lender sold the vehicle and obtain sale documentation. If the lender sold the vehicle, get the sale receipt and the lender’s accounting of sale proceeds and deductions. Montana follows the Uniform Commercial Code (UCC) principles for secured transactions and dispositions of collateral—repossession and resale must generally be commercially reasonable. See Montana’s statutes governing secured transactions/UCC (Title 30 series on the Montana Code: https://leg.mt.gov/bills/mca/title_30/).
7. Address any deficiency claim properly. If the lender claims a deficiency (the sale net did not cover the loan), the estate must evaluate whether the sale complied with applicable rules and whether the claimed amount is accurate. Document everything and respond to creditor claims according to Montana probate notice and claim procedures in Title 72 (https://leg.mt.gov/bills/mca/title_72/). If you receive a formal deficiency demand, preserve deadlines and respond or dispute promptly.
8. File relevant papers in the probate case. Submit copies of repossession and sale documents with the estate inventory or as attachments to the personal representative’s accounting. If you recover the vehicle or money, document where those assets go in the estate accounting.
9. Consult an attorney for contested situations. If repossession appears wrongful, if the lender failed to provide required notices, or if the estate faces a large deficiency claim, talk to a probate or consumer/secured-transactions attorney about potential claims (wrongful repossession, conversion, violation of UCC procedures) and about representing the estate in court.

Common factual scenarios and how to document each

1) Repossession before death

If the lender repossessed the car before the decedent died, document the date of repossession and the lender’s paperwork. Note in the inventory that the vehicle was not part of the decedent’s estate at death. Keep records in case a creditor later asserts a claim against the estate.

2) Repossession after death

If the vehicle was repossessed after the decedent’s death while it was still owned by the decedent, treat the car as an estate asset. Document the repossession and consider whether the estate can recover the vehicle or seek damages if the repossession violated Montana law or UCC rules. Include all documents in the probate file and follow creditor-claim procedures in Title 72: https://leg.mt.gov/bills/mca/title_72/.

3) Lender sold the vehicle at auction

Collect the sale report and accounting. Ensure the lender applied proceeds correctly and provided notice of disposition if required. If you suspect the sale price was unreasonably low, this affects any deficiency claim against the estate; preservation of the sale documents is critical.

What to include in the probate inventory entry

• Vehicle description (make, model, year, VIN).
• Title information and any recorded liens.
• Date and time the vehicle was last known to be in the decedent’s possession.
• Date of repossession and copy of repo notice.
• Identity and contact information for the repossessing party / lender.
• Sale or auction documents and accounting of proceeds and claimed expenses.
• Notes about any dispute or creditor claim related to the repossession.

When to get a lawyer

Talk to a probate attorney if any of the following apply:

• The repossession happened after death and you want to recover the vehicle.
• The lender sold the vehicle and claims a large deficiency against the estate.
• Documents are missing, inconsistent, or the repossession appears wrongful.
• The personal representative needs help with complex creditor claim deadlines or litigation.

Relevant Montana resources and statutes

• Montana Code Annotated, Title 72 — Decedents’ Estates (probate procedures, inventories, and creditor claims): https://leg.mt.gov/bills/mca/title_72/
• Montana Code (Uniform Commercial Code / secured transactions) — see Montana’s statutes on secured transactions and disposition of collateral for rules about repossession and resale: https://leg.mt.gov/bills/mca/title_30/
• Montana Department of Justice — Vehicle titles and registration: https://dojmt.gov/driving/vehicle-titles/
• Montana Courts — self-help and probate resources (forms and procedural info): https://courts.mt.gov/Supreme/Legal-Resources/Forms (and the general Montana courts site: https://courts.mt.gov/)

Disclaimer

This article is educational and informational only and is not legal advice. I am not a lawyer. For advice about your specific situation and local deadlines or to challenge a repossession or deficiency claim, consult a licensed Montana probate or consumer law attorney.