Losing a loved one is an overwhelming experience, and the last thing most families want to navigate is a maze of state-mandated paperwork. In Florida, dealing with a deceased family member’s vehicle is often one of the first practical hurdles heirs face. Fortunately, Florida provides a fast-track process to transfer a car title without going through a lengthy probate. But the requirements are very precise—and one small error can result in weeks of delays. Whether you are a surviving spouse trying to keep the family car or an executor tasked with distributing an estate’s assets, understanding the nuances of the Florida rules is essential.
Does the Car Have to Go Through Probate?
In Florida, the answer is often no. Under Florida Statutes § 319.28, the Department of Highway Safety and Motor Vehicles can transfer a title “by operation of law.” This means heirs can often bypass the formal probate court process if the estate is not in debt and all heirs agree on who should receive the vehicle.
However, if the estate is already in formal probate, the Personal Representative (Executor) will handle the transfer using their “Letters of Administration.”
Are You the Surviving Spouse?
Florida law makes it easiest for a surviving spouse. If the car was in your spouse’s name only, or if you were joined by the word “AND” on the title, you can use the Surviving Spouse Transfer form. If the title uses the word “OR” between names, the surviving owner has “Right of Survivorship.” In that case, you do not need the Surviving Spouse Transfer form; you simply take the title and death certificate to the Tax Collector to remove the name.
The Form: Use HSMV 82152 (Application for Surviving Spouse Transfer).
The Cost: This is a no-fee transfer (though a fee applies for expedited transfer and registration/tag fees).
Requirements: You will need a certified copy of the death certificate and your marriage certificate (if you aren’t already listed on the death certificate).
Are You an Heir? (No Probated Will or Spouse)
If there is no surviving spouse and the estate is not being probated, heirs can still transfer the title.
The Form: Use HSMV 82040 (Application for Certificate of Title).
Section 13 (Release of Heirs): This is the most critical part. All legal heirs must sign this section to “release” their interest in the car to the person who will be the new owner.
No Debts: You must be able to certify under penalty of perjury that the estate has no outstanding debts or that all debts will be covered by other assets.
What if There is a Car Loan?
Inheriting a car does not mean inheriting it for free if there is a loan. The DMV cannot issue a “clean” title until the lender (the bank) provides a Lien Satisfaction letter. In most cases, the heir must either pay off the loan or contact the lender to see if they can “assume” the payments, which may require a credit check.
Why Legal Guidance Matters
While the DMV forms are designed to be “self-service,” things get complicated quickly if:
- There is a dispute between siblings or heirs regarding who gets the car.
- The original title is lost.
- The deceased was a resident of another state, but the car is in Florida.
- The estate has significant debts that must be settled before the assets are distributed.
How We Can Help
Navigating the loss of a loved one is hard enough without the frustration that comes with DMV paperwork. If you are handling an estate in Florida and need help ensuring all assets—including vehicles—are transferred correctly and legally, our team is here to help.
