How to Transfer a Car Title After Death in Florida
Losing a family member is always a difficult and emotional experience, and dealing with their belongings and assets can add an extra layer of stress.
If your loved one was a car owner, you might wonder what to do with their vehicle and how to transfer the title to a new owner. The process can be complex, but it can be made easier with the right information and guidance.
Let's explore the steps you need to take to transfer the title of a car after the owner has passed away, and provide some helpful tips from an experienced Florida elder law attorney to make the process as smooth as possible.
Do All of a Deceased Person's Assets Have to Go Through Probate in Florida
Plenty of estate assets do not need to go through the Florida probate process. Let's say all of the real estate of the deceased person passes to intended heirs through a joint tenancy or a Lady Bird deed (also called an enhanced life estate deed).
Also, all the bank accounts, brokerage accounts, and retirement accounts have pay-on-death beneficiaries in place. The only other asset remaining, in many cases, is the car or truck.
In this scenario, it seems unnecessarily expensive and burdensome to go before a probate judge just for a title transfer on a car after the vehicle owner dies.
Luckily, you may not need to.
If you are also handling other parts of a loved one's estate at the same time, our guide on Florida estate administration explains the full process of gathering assets, paying debts, and distributing property to heirs.
What Florida Law Says About Transferring a Car Title After Death
Fla. Stat. §319.28 sets the procedure that will allow a surviving spouse or heir to obtain title to a car after the owner has died without having to go through probate.
§319.28(b) says:
"When the application for a certificate of title is made by an heir of a previous owner who died intestate [without a last will and testament], it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department [of motor vehicle] an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves among a division of the estate.
If the previous owner died testate [with a will], the applicant shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted."
§319.28(c) adds that if a surviving spouse who would be entitled to the issuance of a certificate of title under 319.28(b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a certificate of title in his or her own name, but may assign to the transferee the certificate of title which was issued to the decedent.
Steps to Transfer a Car Title After an Owner Dies in Florida
If a deceased person died intestate (without a will), if the surviving spouse and heirs all agree on who should obtain title of the deceased person's car, and the estate is not in debt, the person who will receive title to the car should take the following steps.
- Fill out and sign the appropriate Application for Certificate of Title (links to forms below). On form HSMV-82040, in Section 1, when it asks for the "Owner's Name" and "Owner's Address" it refers to the person receiving the new title. Do not put in the name of the original car owner who passed away — the deceased's information will be on the death certificate. The bottom of the second page requires the name and signature of all surviving heirs (if there is no will), attesting that they all agree on who should receive the new title to the car.
- Get an original certificate of title for the automobile in question (if it is lost or destroyed, there is a box to check).
- Get a copy of the driver's license for the person who will receive the new title.
- Get a signed affidavit pursuant to Fla. Stat. §319.28, described above.
- Confirm the current fee with your County Tax Collector's office, as fees vary by county and are updated periodically. As a reference point, Broward County charged $78.25 in 2019 — contact your local office for the current amount.
- Mail all documents into the County Tax Collector's office.
What If There Is a Valid Will
If there is a Last Will and Testament, get a certified or sworn copy (depending on whether the will is put into probate) and an affidavit that the estate is not in debt. With these legal documents, you can accomplish the same goal of getting the title transferred.
If you are unfamiliar with what a will covers and what it does not cover when it comes to settling an estate, our Florida estate planning page provides a full overview of the documents every family should have in place.
Tag Agencies Can Help
Private tag agencies can assist with this process, albeit for a higher fee. But I hope this has provided some answers to how to transfer title to an intended heir after a car owner's death.
Forms to Transfer Car Ownership Without a Formal Probate
Here is a Florida Department of Highway Safety and Motor Vehicle (FDHSMV) Form that allows a surviving spouse to apply for the transfer of title from a deceased spouse.
Another FDHSMV form for the transfer of title with or without registration after the death of the original title holder.
Frequently Asked Questions
Q. Do I need to go through probate to transfer a car title in Florida after someone dies?
A. Not necessarily. Florida Statute §319.28 allows a surviving spouse or heir to transfer a car title without a formal probate proceeding, as long as the heirs agree on who receives the vehicle, the estate has no outstanding debts, and the proper affidavit and title application are filed with the County Tax Collector's office.
Q. What documents do I need to transfer a car title after a death in Florida?
A. You will typically need a completed Application for Certificate of Title (HSMV-82040 or HSMV-82152 for surviving spouses), the original certificate of title, a copy of the driver's license of the person receiving the new title, a signed affidavit pursuant to Fla. Stat. §319.28, and payment of the applicable county fee. If the deceased had a will, you will also need a certified or sworn copy of that document.
Q. Does it matter whether the deceased had a will or not?
A. Yes. If the deceased died without a will (intestate), all surviving heirs must sign the title application agreeing on who receives the vehicle. If there is a valid will, you will need a certified or sworn copy of it along with an affidavit confirming the estate is solvent. Either way, probate is not required for the vehicle transfer as long as the conditions in §319.28 are met.
Q. Can a surviving spouse transfer the car title without probate in Florida?
A. Yes. A surviving spouse has a straightforward path to transfer title under Fla. Stat. §319.28(b) and §319.28(c). The spouse can either obtain a new title in their own name or assign the existing title directly to a third-party buyer without obtaining a new title first. This makes vehicle transfers significantly simpler for surviving spouses than for other heirs.
Q. What happens if the heirs cannot agree on who gets the car?
A. If the surviving heirs cannot reach an agreement, the simplified affidavit process under §319.28 is no longer available. In that case, probate court involvement may be required to resolve the dispute. This is one of the many reasons why having a clear estate plan in place before death is so important — it removes ambiguity and protects families from costly disputes.
Q. How much does it cost to transfer a car title after death in Florida?
A. Fees vary by county and are updated periodically. As a reference point, Broward County charged $78.25 in 2019. Contact your local County Tax Collector's office to confirm the current fee before submitting your documents. Private tag agencies can also process the transfer for a higher but often more convenient fee.
Get Help From an Experienced Florida Elder Law Attorney
Navigating the process of transferring a car title after the owner has passed away can seem daunting, but it's a necessary step in settling their estate. By following the steps outlined here and seeking guidance from an elder law attorney, you can ensure that the legal process is completed properly and efficiently.
Remember to gather all necessary documents, notify the Department of Motor Vehicles of the change in ownership, and transfer the title to the new owner as soon as possible. Contact our team today, and we can make this difficult task manageable.
