How to Transfer a Car Title in Florida After the Owner Dies

Florida law allows a motor vehicle title to be transferred after the owner’s death without probate in most cases. The process depends on whether the vehicle was solely owned or co-owned, whether the deceased left a will, whether the estate has outstanding debts, and whether the recipient is a surviving spouse or another heir. Transfers are handled at the county tax collector’s office, not the courts.

Mobile homes with a certificate of title from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) follow the same rules. The exception is the no-fee surviving spouse transfer on Form 82152, which the statute limits to motor vehicles.

Surviving Spouse Transfer

A surviving spouse can transfer the deceased spouse’s vehicle into their own name at no cost. Florida law waives all title fees when the transfer removes a deceased owner or changes ownership to the surviving spouse. The waiver covers the title fee and the county service charge alike. The one title charge it does not cover is the optional $10 expedited title. Registration fees are separate and are due when the title is issued, unless the surviving spouse certifies on the form that the vehicle will not be driven until it is registered.

The surviving spouse submits HSMV Form 82152 (Application for Surviving Spouse Transfer) to any authorized tag agency or tax collector service center. The application requires an original or certified copy of the death certificate, proof of identity (a valid driver’s license, state ID, or passport), and proof of marriage if the surviving spouse’s name does not appear on the death certificate.

No will, affidavit, or court order is required. The surviving spouse does not need to show that the estate is debt-free.

A surviving spouse who would be entitled to a certificate of title may sell the vehicle without first taking title in their own name. Under Florida Statute § 319.28(1)(d), the spouse assigns the deceased spouse’s existing title certificate straight to the buyer. The buyer’s own title application still has to include the same documentation an heir’s application would, including the affidavit about the estate’s debts and the will if there is one. The statute makes it the surviving spouse’s job to supply those documents to the buyer.

Co-Owned Vehicles

A Florida vehicle title can list two owners joined by “or” or by “and.” The distinction controls what happens after one owner dies.

If the title lists two owners connected by “or,” the surviving co-owner already has independent authority to transfer or sell the vehicle. The surviving co-owner brings the title, a certified death certificate, proof of identity, and a completed HSMV Form 82040 (Application for Certificate of Title) to the tax collector’s office. The deceased co-owner is removed, and a new title is issued in the surviving co-owner’s name alone.

If the title lists two owners connected by “and,” each co-owner, or a deceased co-owner’s personal representative, has to sign to transfer it. Where the co-owners were married and the title shows tenancy by the entirety, or where the title carries the words “With Rights of Survivorship,” the survivor takes the whole vehicle and signs the “Transfer of Title by Seller” section alone. The survivorship wording works between any two owners, married or not.

Where neither designation appears, only the deceased owner’s share passes through the estate. The surviving co-owner signs in their own right, and the deceased co-owner’s personal representative signs for the decedent’s share, or the surviving spouse or heirs sign where there is no administration. Both designations are checkboxes in Section 1 of Form 82040 and can be added when the vehicle is first titled.

How Do Heirs Transfer a Vehicle Title Without Probate?

Heirs and beneficiaries can obtain title to a deceased person’s vehicle without probate, provided the estate has no outstanding debts. The process differs slightly depending on whether the deceased owner left a will.

When the Deceased Owner Left a Will

The person receiving the vehicle submits a completed HSMV Form 82040 with the original certificate of title, or an affidavit that the title is lost or destroyed. What accompanies the form depends on whether the will is being probated.

Where the will is being probated, the application takes a certified copy of the will and an affidavit that the estate is solvent, with sufficient assets to pay all just claims. That standard lets an estate that owes money qualify, so long as it can pay what it owes. Where the will is not being probated, the application takes a sworn copy of the will and an affidavit that the estate is not indebted.

Since July 1, 2024, Florida Statute § 319.28(1)(c) has provided a third route for a vehicle that passes under a will. An application accompanied by an affidavit attested by a Florida-licensed attorney in good standing with The Florida Bar establishes a presumption. The presumption is that the heirs named in the affidavit own the vehicle and are entitled to possess it.

The affidavit must set out the rightful heirs, and the attorney must attest that they are lawfully entitled to ownership and possession. The statute states that an application filed this way does not have to be accompanied by a copy of the will or any other testamentary instrument. There is no state affidavit form. The attorney drafts it, and the department’s procedure manual requires it to carry the attorney’s Florida Bar number and each heir’s name, date of birth, and government-issued identification number.

In Section 1 of Form 82040, the owner name and address fields refer to the new owner receiving the title, not the deceased owner. The form asks for the name as it appears on the driver license and for a physical Florida street address as well as a mailing address.

When the Deceased Owner Had No Will

When someone dies without a will, an heir applies with the same Form 82040 and title documents, plus an affidavit. The affidavit must state that the estate is not indebted and that the surviving spouse (if any) and all heirs have amicably agreed on how the estate’s assets will be divided.

The Debt Requirement

The affidavit route is open only to an estate that is “not indebted,” the stricter of the statute’s two standards. It means no outstanding creditor claims exist, not merely that the estate has enough assets to cover them. If the deceased owner had unpaid debts (including credit cards, medical bills, or personal loans), the heirs have three ways forward:

• Paying the debts before filing the affidavit.
• Probating the will and filing the solvency affidavit instead.
• Opening a formal probate proceeding to resolve the creditor claims first.

Where an estate is administered, up to two motor vehicles can be set aside as exempt property under Florida Statute § 732.402. The vehicles must be titled in the deceased owner’s name and regularly used by the owner or the owner’s immediate family. The right belongs to the surviving spouse, or to the deceased owner’s children if there is no surviving spouse.

Exempt property is beyond all claims against the estate except perfected security interests on it, so a car loan the lender perfected against the title survives the exemption. A will can redirect a vehicle only by naming it specifically. The right is waived unless a petition for determination of exempt property is filed no later than four months after the notice of administration.

When Is Probate Required?

Probate is required when the estate has outstanding debts that cannot be resolved outside court, when the heirs disagree about who should receive the vehicle, or when a personal representative is managing the estate through formal administration. The personal representative completes the “Transfer of Title by Seller” section on the title certificate’s back, signing as seller for the estate. The tax collector’s office takes the completed certificate and a photocopy of the letters of administration, which are not required to be certified.

Where the letters appoint two or more personal representatives, a majority of them must sign, even when their names are joined by “or,” unless the will specifies otherwise. A title can also be transferred on a circuit judge’s order alone, without letters of administration. The order may be one of summary administration or one setting aside exempt property. The person it names applies for the title and files a photocopy of the order with the tax collector.

Transfer-on-Death Designations and Trusts

Florida does not currently offer a transfer-on-death (TOD) registration for vehicle titles the way some states do. A vehicle owner who wants to avoid the affidavit process entirely has two main options. The first is adding a co-owner with an “or” designation so the survivor can transfer the title with just a death certificate. The second is titling the vehicle in a revocable living trust so the successor trustee can transfer it outside probate.

The trust option adds complexity that is unnecessary for most families, but it avoids the debt-free affidavit requirement that applies to the standard heir transfer.

Electronic Titles

Florida titles are ordinarily held electronically unless the owner asks for a paper certificate. Florida Statute § 319.40 authorizes the department to issue an electronic certificate in place of a paper one. If the vehicle has an electronic title rather than a paper certificate, the applicant does not need to produce a physical title. On Form 82040, the applicant uses the “other” box in Section 11 to note that the title is electronic. The tax collector’s office verifies the electronic title in the FLHSMV system and processes the transfer.

If a paper title is needed, a $2.50 fee covers shipping and handling on a title the department mails. A same-day printed title at a tax collector’s office is the $10 expedited title instead, so the two are alternatives rather than charges that stack.

Lost or Missing Titles

If the original paper title cannot be located, the applicant checks the box in Section 11 of Form 82040, which certifies that the title was lost or destroyed. That certification on the form can be used in place of a separate affidavit. Where a personal representative is handling the estate, the representative applies for a duplicate title on HSMV Form 82101, completed in the deceased owner’s name, before completing the transfer.

Fees

Transfer Type	Title Fee	Notes
Surviving spouse transfer (Form 82152)	$0	Optional $10 expedited fee
Standard title transfer (Form 82040)	$75.25	Electronic title
Paper title printing	$2.50 additional	On top of transfer fee
Expedited title	$10 additional	Same-day processing
Lien recording	$2 per lien	If applicable
Duplicate title (Form 82101)	$75.25	For lost or destroyed titles

Sales tax is not due on a vehicle distributed to an estate heir. Section 9 of Form 82040 has an inheritance checkbox to certify the exemption. Two situations fall outside it. A sale of the vehicle by the personal representative is taxable. A transfer set up as a lifetime gift loses the exemption if the recipient assumes an outstanding loan, and the assumed balance is what gets taxed. Registration fees and license plate transfer fees may apply separately depending on whether the new owner is also registering the vehicle.

Where to File

Title transfers are processed at any county tax collector’s office or authorized tag agency, and there is no requirement to file in the county where the applicant lives. Under Florida Statute § 319.323 the FLHSMV also runs a separate title office that private citizens can use for expedited title-transfer service, by mail or in person.

Most counties accept walk-in applications, and some offer mail-in processing for applicants who are out of state. Offices differ on which documents they require and what forms of payment they accept, so requirements vary by county. A private tag agent may also add its own service charge.

Most transfers use HSMV Form 82040 (Application for Certificate of Title With/Without Registration). Surviving spouse transfers use HSMV Form 82152 instead. Both forms are available on the FLHSMV website at flhsmv.gov.

What Can Be Done in Advance?

A valid will directs the vehicle to the intended person instead of leaving it to Florida’s intestacy rules, and it supplies the documentation the affidavit route requires. A title that cannot be located after a death holds up the transfer until the applicant obtains a duplicate, which adds both a fee and a wait.

A family whose estate planning already includes a revocable living trust can title the vehicle in it and skip the affidavit process entirely.