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

Florida law allows the title of a motor vehicle to be transferred after the owner’s death without a formal probate proceeding in most cases. The process depends on whether the vehicle was solely owned or co-owned, whether the deceased owner left a will, whether the estate has any outstanding debts, and whether the person receiving the vehicle is a surviving spouse or another heir. The governing statutes are Florida Statutes §§ 319.28 and 319.29, and the transfer is handled through the county tax collector’s office rather than through the courts.

The same rules apply to mobile homes that have a certificate of title issued by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Surviving Spouse Transfer

A surviving spouse can transfer the deceased spouse’s vehicle into their own name at no cost. Florida Statute § 319.32(7)(a)-(b) waives all title fees when the transfer is solely to remove a deceased owner or to change ownership from a deceased spouse to the surviving spouse. The only potential charge is an optional $10 expedited title fee.

The surviving spouse submits HSMV Form 82152 (Application for Surviving Spouse Transfer of Florida Certificate of Title for Motor Vehicle) to any authorized tag agency or tax collector service center, along with 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, no affidavit, and no court order is required. The surviving spouse does not need to show that the estate is debt-free for this transfer.

A surviving spouse who wants to sell the vehicle rather than keep it does not need to obtain a new title first. Under § 319.28(1)(c), the surviving spouse may assign the deceased spouse’s existing title certificate directly to the buyer.

Co-Owned Vehicles

If the vehicle 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 copy of the 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,” both owners must normally act together for any transfer. After one owner dies, the transfer follows the same procedures as a solely owned vehicle—either through the surviving spouse process (if the co-owners were married) or through the heir/beneficiary process described below.

Transfer to Heirs or Beneficiaries Without Probate

Florida Statute § 319.28 allows heirs and beneficiaries to 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 the following to the county tax collector’s office: a completed HSMV Form 82040, the original certificate of title (or an affidavit that the title is lost or destroyed), a certified copy of the will if the estate is being probated or a sworn copy of the will if it is not, and an affidavit stating that the estate is not indebted.

On Form 82040, the “Owner’s Name” and “Owner’s Address” fields in Section 1 refer to the new owner receiving the title, not the deceased owner.

When the Deceased Owner Had No Will

When the deceased owner died without a will, an heir can apply for the title transfer by submitting a completed HSMV Form 82040, the original certificate of title (or an affidavit that the title is lost or destroyed), and an affidavit stating that the estate is not indebted and that the surviving spouse (if any) and all heirs have agreed on how the estate’s assets will be divided.

The Debt Requirement

The affidavit procedure works only if the estate has no outstanding debts. “Not indebted” means the estate has enough assets to pay all claims or that no creditor claims exist. If the deceased owner had unpaid debts—including credit cards, medical bills, or personal loans—the heirs must either pay those debts before filing the affidavit or open a formal probate proceeding to resolve the creditor claims first.

One important exception: motor vehicles are listed as exempt property under Florida Statute § 732.402. Up to two motor vehicles regularly used by the deceased owner or their immediate family members are protected from most creditor claims. This exemption does not apply to lenders who financed the vehicle or to dealers who hold a lien.

When Probate Is Required

Probate is required when the estate has outstanding debts that cannot be resolved outside of court, when the heirs disagree about who should receive the vehicle, or when a personal representative has been appointed and is managing the estate through formal administration. In a probate proceeding, the personal representative can transfer the vehicle title by completing the “Transfer of Title by Seller” section on the back of the title certificate and submitting it to the tax collector’s office with a certified copy of the letters of administration.

If the title is unavailable, the personal representative must first apply for a duplicate title using HSMV Form 82101 before completing the transfer.

Electronic Titles

Florida issues electronic titles by default. If the vehicle has an electronic title rather than a paper certificate, the person filing does not need to print the title. On Form 82040, the applicant notes that the title is electronic in Section 11 (“other” box). The tax collector’s office verifies the electronic title in the FLHSMV system and processes the transfer.

If a paper title is needed for any reason, an additional $2.50 printing fee applies. Some tax collector offices offer same-day title printing for an additional $10 expedited fee.

Lost or Missing Titles

If the original paper title cannot be located, the applicant checks the box in Section 11 of Form 82040 indicating that the title was lost or destroyed. A separate affidavit may also be required. If a personal representative is handling the estate, the personal representative applies for a duplicate title using HSMV Form 82101 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 transferred by inheritance. Registration fees and license plate transfer fees may apply separately depending on whether the new owner is also registering the vehicle.

Where to File

All vehicle title transfers are processed at the county tax collector’s office or an authorized tag agency in the county where the applicant resides. The FLHSMV does not process title transfers directly. Most counties accept walk-in applications, and some offer mail-in processing for applicants who are out of state.

The key forms are HSMV Form 82040 (Application for Certificate of Title With/Without Registration) for most transfers and HSMV Form 82152 (Application for Surviving Spouse Transfer) for surviving spouse transfers. Both forms are available on the FLHSMV website at flhsmv.gov.

Planning Ahead

A car title transfer after death is one of the simpler administrative tasks in settling an estate, but it still requires gathering documents and visiting a government office. Several estate planning tools can make the process even easier for surviving family members.

Adding a spouse as a co-owner with “or” designation allows the surviving spouse to transfer the vehicle without any special forms beyond a death certificate. A revocable living trust can hold vehicle titles and transfer them to beneficiaries outside of probate, though this adds a layer of complexity that is unnecessary for most families. A valid will ensures the vehicle goes to the intended person rather than passing under Florida’s intestacy rules, and it provides the documentation needed for the affidavit transfer procedure.

The most important step is making sure the vehicle’s title is accessible. Families who cannot locate the title after a death face additional fees and delays in obtaining a duplicate before the transfer can proceed.