Transferring a Car After Someone Dies in Florida
How to transfer a vehicle title after the owner dies in Florida, from the official motor vehicle agency.
Short answer: Title is transferred through the county tax collector (agent of the Florida Department of Highway Safety and Motor Vehicles) using the Application for Certificate of Title (HSMV 82040). Fla. Stat. § 319.28; Hillsborough County Tax Collector, Title Transfer Involving Deceased Owner(s)
| Transferring a car after death | Title is transferred through the county tax collector (agent of the Florida Department of Highway Safety and Motor Vehicles) using the Application for Certificate of Title (HSMV 82040). If the estate is probated, the personal representative signs the title as seller and provides a copy of the Letters of Administration. Without probate, an heir of an owner who died without a will can title the vehicle by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on dividing the estate (heirs sign the Release of Heirs section); if there was a will that is not being probated, submit a sworn copy of the will and an affidavit that the estate is not indebted. A surviving spouse can use the Application for Surviving Spouse Transfer (HSMV 82152) with the death certificate. If the title is missing, a duplicate (HSMV 82101) or lost-title affidavit is needed. |
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FAQ
How do I transfer a car title after someone dies in Florida?
Title is transferred through the county tax collector (agent of the Florida Department of Highway Safety and Motor Vehicles) using the Application for Certificate of Title (HSMV 82040). If the estate is probated, the personal representative signs the title as seller and provides a copy of the Letters of Administration. Without probate, an heir of an owner who died without a will can title the vehicle by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on dividing the estate (heirs sign the Release of Heirs section); if there was a will that is not being probated, submit a sworn copy of the will and an affidavit that the estate is not indebted. A surviving spouse can use the Application for Surviving Spouse Transfer (HSMV 82152) with the death certificate. If the title is missing, a duplicate (HSMV 82101) or lost-title affidavit is needed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.