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

Many of our clients ask us what happens to their motor vehicles after they die. They want to know whether to include the disposition of their cars in the directions under their will or living trust.

Florida has separate procedures for after-death vehicle inheritance, so most people’s wills or living trusts do not need to include provisions regarding motor vehicles.

The Personal Representative Handles Asset Transfers

The probate court will appoint your personal representative after death. Your last will and testament will nominate a personal representative, typically a surviving spouse, and the court will approve the nominated representative if they meet certain qualifications. Absent a will, the court will appoint a qualified personal representative.

Debts and Probate

If you have no debt at the time of death, then your personal representative can transfer car titles without a court probate proceeding. Debt may necessitate a formal probate. All debt must be paid before cars can be transferred to your intended beneficiaries.

Transfers of Cars to a Surviving Spouse

Florida has simplified procedures to transfer your car to your surviving spouse. A surviving spouse can apply for a free title transfer by submitting the following to the Florida Department of Motor Vehicles:

• Form 82152 (Application for Surviving Spouse Transfer of Florida Certificate of Title for Motor Vehicle)
• A certified copy of the death certificate
• Proof of identity
• Proof of marriage, if not shown on death certificate.

Transfer of Cars to Beneficiaries Other Than the Surviving Spouse

After payment of all debt, the personal representative can transfer the decedent’s car title by submitting the following to the Department of Motor Vehicles:

• Form 82040 (Application for Certificate of Title)
• A certified copy of the decedent’s will
• A certified copy of the death certificate
• Copy of existing vehicle title or other proof of ownership
• An affidavit of the heir or beneficiaries that the estate is not indebted and that all heirs or beneficiaries agree to the distribution.

Fees and Costs

Government fees for vehicle transfer vary based on the vehicle brand and registration specifics. In most cases, people do not need to pay legal fees to transfer a decedent’s car.