After losing a loved one, practical questions often come up quickly. One of the most common is: “Can I drive my grandma’s car after she passes away?”
While it may seem simple—especially if you’re family—the answer depends on both the law and auto insurance rules, which are often misunderstood. Permissive use has to be granted by the living.
Here’s what you need to know before getting behind the wheel.
Is It Legal to Drive a Deceased Person’s Car?
Legally, a vehicle does not automatically become free to use just because the owner has passed away. In most cases, the car becomes part of the estate until ownership is formally transferred.
According to Elayne, a trusted legal resource, whether you can drive a deceased person’s car depends on factors such as:
- Who currently owns the vehicle
- Whether the car is part of an estate in probate
- Whether you have legal authorization as an executor or beneficiary
Simply being a child or grandchild does not automatically grant legal permission to drive the car. You can read a full legal breakdown here:
👉 https://www.elayne.com/resources/can-you-drive-a-deceased-persons-car-what-the-law-says
Why Auto Insurance Is the Bigger Risk
Even if driving the vehicle is temporarily allowed under the law, insurance is a separate and often more serious issue.
Auto insurance policies are written for:
- The named insured
- Specific listed drivers
- A defined household
When the policyholder passes away, coverage does not automatically extend to other family members. This means:
- You may not be insured at all
- The policy may no longer be valid for new drivers
- Any accident could leave you personally responsible for injuries or damages
If you’re in an accident without valid insurance:
- Claims may be denied
- You could face lawsuits
- Your personal assets could be at risk
This is one of the most common — and costly — mistakes families make after a death. Simply put, permissive use has to be granted by a living person.
Common Misconceptions About Driving a Loved One’s Car
❌ “It’s insured, so I’m covered.”
Insurance follows the policy terms, not family relationships.
❌ “I’m the executor, so I can drive it.”
Being an executor doesn’t automatically make you an insured driver.
❌ “I’ll only drive it once or twice.”
One accident is all it takes for a serious financial problem.
How to Handle Grandma’s Car the Right Way
If you plan to drive the vehicle at all, take these steps first:
- Confirm who legally owns the car
- Is it still in her name?
- Has ownership been transferred?
- Review the existing auto insurance policy
- Who is listed as a driver?
- Does coverage continue after death?
- Update or replace the insurance
- Add the correct driver
- Transfer coverage to a new policy if needed
- Do not drive until coverage is confirmed
Need Auto Insurance After a Loved One Passes Away?
At MBG Insurance, we help families navigate situations like this every day. We can help you:
- Determine whether you’re insured
- Add proper coverage before you drive
- Set up a new policy if ownership changes
👉 Get help and request an auto insurance quote here:
https://www.millenniumbrokers.com/personal/auto-insurance-2/
Bottom Line
Short answer: Not necessarily. Even if the car still has an active insurance policy, that does not automatically mean you’re covered to drive it.
When your grandma passed away, the vehicle typically became part of her estate. Auto insurance policies are written for the named insured and approved drivers, not for all family members by default. Once the policyholder dies, coverage can become limited, change automatically, or even be invalid for drivers who are not specifically listed.
In many cases:
You may not be a covered driver under her policy
The insurer may deny a claim if an accident occurs
You could be personally responsible for damages or injuries
Even if the law temporarily allows the vehicle to be driven as part of estate administration, insurance rules are separate from legal ownership.
What you should do before driving:
Confirm who legally owns the vehicle
Contact the insurance carrier to verify if you’re covered
Add proper coverage or move the vehicle to a new policy if needed
Bottom line:
Do not assume insurance coverage just because the policy is active. Always confirm coverage first to avoid serious legal and financial risk. If you need help confirming coverage or setting up proper auto insurance, MBG Insurance can help you get protected before you drive.
You might be legally allowed to drive your grandma’s car after she passes away — but that does not mean you’re insured. Driving without confirmed coverage can create serious legal and financial consequences.
Before turning the key, make sure the law and insurance are both on your side.