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.

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 law waives all title fees when the transfer removes a deceased owner or changes ownership 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) 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, no affidavit, and no court order is required. The surviving spouse does not need to show that the estate is debt-free.

A surviving spouse who wants to sell the vehicle rather than keep it does not need to obtain a new title first. The surviving spouse may assign the deceased spouse’s existing title certificate directly to the buyer.

Co-Owned Vehicles

Florida vehicle titles can list two owners connected by either “or” or “and,” 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,” 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.

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, 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. If the estate is being probated, a certified copy of the will is required. If it is not being probated, a sworn copy of the will is required instead.

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 someone dies without a will, an heir can apply 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 with two statements. 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 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.

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 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 back of the title certificate. The completed certificate and certified letters of administration go to the tax collector’s office.

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

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 “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 issues electronic titles by default. If the vehicle has an electronic title rather than a paper certificate, the person filing does not need to produce a physical title. On Form 82040, the applicant notes that the title is electronic in Section 11 (the “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. Call ahead to confirm which documents are required and what forms of payment the office accepts—requirements can vary by county.

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.

Planning Ahead

Adding a spouse as a co-owner with “or” designation is the simplest way to ensure the surviving spouse can transfer the vehicle with nothing more than a death certificate. 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 common complication families face is not being able to locate the title after a death—keeping the title accessible saves additional fees and delays.

For families whose estate planning involves more complex asset structures, titling the vehicle in a trust eliminates the need for the affidavit process entirely.