How Do I Transfer a Car Title After a Death in Florida?

Florida law provides several avenues for transferring car titles. First, if the title names two owners joined by "or," the car passes to the survivor automatically upon the death of the other party. Florida law also allows transfer of title to a decedent's spouse or surviving heirs when these parties apply directly to the DMV for a title transfer using Form HSMV 82040. Otherwise a car can be distributed in a probate proceeding. Following are details on these transfer processes.

Start with the title itself

When a vehicle is titled in two names joined by "or," Florida law treats the owners as joint tenants, and on the death of one the vehicle passes to the survivor. The survivor can transfer or retitle it alone. When the names are joined by "and," each owner, or the deceased owner's personal representative, must sign, and the decedent's share is part of the estate. Fla. Stat. § 319.22(2).

A vehicle held in a revocable trust is transferred by the successor trustee without probate.

If the estate is in probate

A transfer of a vehicle by inheritance or devise is a "transfer by operation of law." The personal representative applies for a new title in the name of the person entitled to the vehicle, or signs the title over to a buyer, with proof of authority. Fla. Stat. § 319.28(1)(a). The proof is an affidavit of the facts together with a copy of the court order or letters on which the claim is founded. Fla. Stat. § 319.28(2)(a). The tax collector will want the original title (or a duplicate title application if it is lost), a copy of the letters of administration, the death certificate, Form HSMV 82040, and satisfaction of any lien.

If there is no probate

The statute allows a transfer without any court order in three situations:

• No will. An heir may apply with an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed among themselves on the division of the estate. Form HSMV 82040 includes a "release of heirs" section for this purpose.
• A will, probated or not. If the will was probated, the application is accompanied by a certified copy of the will and an affidavit that the estate is solvent. If the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted.
• An attorney's affidavit. When the owner died with a will, an affidavit by a Florida-licensed attorney identifying the rightful heirs creates a presumption of ownership, and no copy of the will is needed.

Fla. Stat. § 319.28(1)(b)–(c). A surviving spouse who intends to sell the car rather than keep it may assign the decedent's title directly to the buyer without first retitling it. Fla. Stat. § 319.28(1)(d).

These affidavits are sworn statements. If the estate has unpaid debts, or the heirs do not agree, the affidavit route is not available and the vehicle must pass through the estate.

The vehicle as exempt property

Up to two motor vehicles, each weighing no more than 15,000 pounds, that were held in the decedent's name and regularly used by the decedent or immediate family as personal vehicles pass to the surviving spouse, or if none, to the children, as exempt property, free of creditors' claims except a lender's lien on the vehicle. Fla. Stat. § 732.402(2)(b), (3). In a probate the exemption must be claimed by petition within the time the statute sets. Fla. Stat. § 732.402(6). When a decedent left only exempt property and modest other assets, the court can authorize the transfer by "disposition without administration," with no probate at all. Fla. Stat. § 735.301.

Loans, insurance, and registration

A lien on the vehicle survives the owner's death; the new owner takes the car subject to it, and the tax collector will not issue a clear title until the lender releases the lien. Registration in the new owner's name requires proof of Florida insurance. The decedent's insurance should not be relied on after the transfer.

Planning ahead

Florida has no transfer-on-death designation for vehicles. The ways to keep a car out of probate are to title it jointly with "or" or to hold it in a revocable trust. Joint titling has a cost: a co-owner of a vehicle can be held liable for accidents caused by the other owner, so it should be weighed with that in mind. See How to Avoid Probate in Florida.

At Clarke Law, P.A., I help families in Broward, Miami-Dade, and Palm Beach counties settle a decedent's vehicles, accounts, and real estate, with or without a probate. Your first consultation is free.