How to Transfer a Car Title After Death in Florida

No transfer-on-death beneficiary option for cars was found in Florida's title law (Chapter 319) or FLHSMV's deceased-owner procedure, and the title application has no beneficiary box. If the title is in a spouse's or co-owner's name too, see the co-owner and surviving spouse situations. Otherwise, see the no-probate or executor situations.

The closest option: a life estate title. Some Florida titles show "Life Estate" after the owner's name and name a remainder person. The life-estate owner owns the car while alive. After that owner dies, the remainder person takes it without probate.

Steps

1. Check the face of the title for "Life Estate" and a named remainder person. If no remainder person is printed on the title, a legal document naming the remainder person is required.
2. Bring the Florida title if it is available. If it is lost or destroyed, the remainder person signs an affidavit saying so (this can be done on Form HSMV 82040). If the title is electronic, write "title is electronic" in the affidavit area of HSMV 82040. It does not need to be printed.
3. The remainder person completes Form HSMV 82040, including the sales tax exemption section if it applies.
4. Take everything, with the title fee, to a county tax collector office or license plate agency.

Forms

• Application for Certificate of Motor Vehicle Title (HSMV 82040)

Documents

• The Florida title showing the life estate and remainder person (or the lost/destroyed affidavit)
• A legal document naming the remainder person, if the title does not show one
• Completed Form HSMV 82040
• A photocopy of the life-estate owner's death certificate
• A lien satisfaction for any lien on the record, if applicable
• The license plate number to transfer, or a non-use certification
• The title fee

When it applies: the title lists the person who died and at least one other owner. The word joining the names decides what happens.

• "OR" between the names: the deceased owner's share passes to the survivor, married or not.
• "AND" with "With Rights of Survivorship": the survivor gets all rights to the car, even if they were not married. A will cannot leave the deceased owner's share to someone else.
• "AND" for a married couple: the surviving spouse takes the car.
• "AND" for unmarried owners, no survivorship wording: the survivor does not automatically get the deceased owner's share. Each co-owner, or their personal representative, must sign.

Steps

1. Look at the front of the title. Note "OR" or "AND", and whether it says "With Rights of Survivorship" or shows a married couple.
2. "OR", survivorship, or married couple: if the paper title is available, the survivor can sign the "Transfer of Title by Seller" section to sell or give the car to anyone. An electronic title must be printed first. If the paper title is not available, the survivor applies for a title in their own name on Form HSMV 82040, certifying it is lost or destroyed. A surviving spouse who only wants the deceased spouse's name removed can use the free Surviving Spouse Transfer instead.
3. Unmarried "AND", estate probated: the personal representative of the deceased co-owner and the surviving co-owner both sign the "Transfer of Title by Seller" section. Attach a photocopy of the Letters of Administration.
4. Unmarried "AND", no probate: the deceased co-owner's surviving spouse (or, if no spouse, all heirs) and the surviving co-owner complete the title assignment or the Release of Heirs section (Section 13) of HSMV 82040. Include a photocopy of the death certificate and the will, if any. If the heirs cannot be found, a court order is needed.
5. Submit the paperwork and title fee at a county tax collector office or license plate agency.

Forms

• Application for Certificate of Motor Vehicle Title (HSMV 82040)
• Application for Surviving Spouse Transfer (HSMV 82152)
• Application for Duplicate or Lost in Transit/Reassignment Title (HSMV 82101)

Documents

• The Florida title (printed, if electronic and the survivor is signing it over), or a lost/destroyed certification on HSMV 82040
• Completed HSMV 82040 (or HSMV 82152 for a surviving spouse)
• A photocopy of the death certificate
• A photocopy of the Letters of Administration, for an unmarried "AND" title when the estate is probated
• A photocopy of the will, if any, for an unmarried "AND" title when there is no probate
• A lien satisfaction for any lien on the record, if applicable
• The license plate number to transfer, or a non-use certification
• The title fee (none for a Surviving Spouse Transfer)

When it applies: your spouse died and the car is titled in both of your names, or in your spouse's name only. Florida's free Surviving Spouse Transfer uses Form HSMV 82152. It does not matter whether the names are joined by "and" or "or". No dollar limit was found.

Limits: the only change allowed is moving the title into the surviving spouse's name. A name or a lien cannot be added at the same time. If a will or probate requires anything other than removing the deceased spouse's name, this route can't be used, and Form HSMV 82040 is used instead.

Steps

1. Complete Form HSMV 82152. Choose an expedited title, a mailed title, or a title held electronically.
2. If you are not registering the car right away, check the box certifying it will not be driven on Florida roads until it is properly registered.
3. If the paper title is lost or destroyed, check the lost/destroyed certification on the form.
4. Take the form, the death certificate, your marriage certificate (only if your name is not on the death certificate) and your ID to a tax collector office or license plate agency. The office copies the death certificate. You don't have to surrender it.
5. The title is free unless you choose the $10 expedited title. Registration fees apply if you register the car.

Selling without retitling: if the estate is not probated and there is no will (or the will names no one for the car), a surviving spouse may sign the deceased spouse's title directly over to a buyer and give the buyer the supporting documents. The deceased spouse's license plate can usually be transferred to the surviving spouse.

Forms

• Application for Surviving Spouse Transfer of Florida Certificate of Title (HSMV 82152)
• Application for Certificate of Motor Vehicle Title (HSMV 82040), if you are selling, adding a name, or the will or probate requires more

Documents

• Completed Form HSMV 82152
• An original or certified copy of the death certificate (FLHSMV agents can instead look up the Department of Health death record)
• An original or copy of your marriage certificate, only if your name is not on the death certificate
• A valid driver license or ID card from any state, or a valid passport
• The Florida title, if available
• The license plate number to transfer and proof of Florida insurance, if registering

When it applies: the car was in the deceased owner's name only, and no probate is open. Under Fla. Stat. 319.28, heirs can title the car without a probate court order. There is no dollar limit and no waiting period stated for this route. A late-title penalty is not charged on deceased-owner applications.

Who signs

• No will, or the will names no one for the car, and there is a surviving spouse: the spouse alone signs.
• No surviving spouse: all heirs sign the Release of Heirs section (Section 13) of HSMV 82040. All heirs, or any one heir, then take title. Stepchildren are not lineal descendants; adopted children are.
• The will names who gets the car: that person applies. If several people are named and only one will take title, the others sign over their interest.
• A power of attorney signed by the deceased owner is void after death.

A point to confirm: the statute calls for an affidavit that the estate is not indebted and that the spouse and heirs have agreed on dividing the estate (and, for an unprobated will, a sworn copy of the will). FLHSMV's procedure and Section 13 of HSMV 82040 list only the Release of Heirs and a photocopy of the will, with no "not indebted" statement. Contact your county tax collector to confirm whether a separate affidavit is needed.

Steps

1. Find the title. Leave all sections blank if heirs are taking title. If it is lost or destroyed, certify that on HSMV 82040. If it is electronic, write "title is electronic" in the affidavit area; it does not need to be printed.
2. Decide who will take title.
3. Heirs releasing their interest complete Section 13 ("Release of Spouse or Heirs Interest") of Form HSMV 82040, stating the date of death and whether there was a will. Use extra copies of the form for more signatures.
4. The person taking title completes the rest of HSMV 82040, including Section 5 (transfer type "Inheritance") and Section 9 (sales tax exemption: "Inheritance").
5. Submit everything with the title fee at a county tax collector office or license plate agency.

A court order from summary administration, family administration, or an order setting aside exempt property also works. The person named in the order must take title in their own name before selling, even if the order says "to dispose of as they see fit".

Forms

• Application for Certificate of Motor Vehicle Title (HSMV 82040), including Section 13
• Vehicle Identification Number and Odometer Verification (HSMV 82042), only if the car has an out-of-state title

Documents

• The Florida title in the deceased owner's name (blank), or a lost/destroyed certification
• Completed HSMV 82040 with Section 13 signed by the spouse or all heirs, as applicable
• A photocopy of the death certificate
• A photocopy of the will, if there is one
• A photocopy of the court order, if using one
• A lien satisfaction for any lien on the record, if applicable
• Proof of valid ID
• The license plate number to transfer and proof of Florida insurance if registering, or a non-use certification
• The title fee

When it applies: a probate court has appointed a personal representative (Florida's term for an executor or administrator). The personal representative signs the title as seller for the estate. The title can go to anyone: an heir, a buyer, or the "Estate of (name)". If two or more personal representatives were appointed, a majority must sign, even if their names are joined by "or", unless the will says otherwise.

Steps

1. If the title is electronic or lost, the personal representative first applies for a printed or duplicate title in the deceased owner's name on Form HSMV 82101, with a photocopy of the Letters of Administration and the title fee.
2. The personal representative signs the "Transfer of Title by Seller" section to the new owner or to the "Estate of (Name of the Deceased)". If the car requires odometer disclosure, the purchaser also signs.
3. The new owner (or the personal representative, if titling it in the estate's name) completes Form HSMV 82040, including sales tax or the sales tax exemption.
4. Submit everything with the title fee at a county tax collector office or license plate agency.

Forms

• Application for Certificate of Motor Vehicle Title (HSMV 82040)
• Application for Duplicate or Lost in Transit/Reassignment Title (HSMV 82101)

Documents

• The Florida title signed by the personal representative(s) as seller (printed, if it was electronic)
• Completed Form HSMV 82040
• A photocopy of the Letters of Administration (certified copies are not required)
• A lien satisfaction for any lien on the record, if applicable
• Florida sales tax, or the sales tax exemption marked on HSMV 82040
• The license plate number to transfer, or a non-use certification
• The title fee

When it applies: a lender is listed on the title or the motor vehicle record. A loan does not disappear when the owner dies. FLHSMV's deceased-owner procedure lists a lien satisfaction for any lien on Florida's or any other state's records as part of every route.

Steps

1. Check the title or the motor vehicle record for a lienholder.
2. Get a lien satisfaction from the lender, either signed on the title or on the lender's lien release form.
3. Include the lien satisfaction with the title application for whichever situation applies.

A new lien (for example, a new loan in the heir's name) can be recorded in Section 4 of HSMV 82040 for an extra $2. A lien cannot be added during a free Surviving Spouse Transfer. Official sources do not say whether an heir can keep the existing loan on a new title, so ask the lender.

Forms

• Application for Certificate of Motor Vehicle Title (HSMV 82040), Section 4: Lienholder Information
• Lien Satisfaction (HSMV 82260), completed by the lender when the lien is not released on the title itself

Documents

• A lien satisfaction from each lienholder on the record
• The other documents for whichever route applies

Title fees (FLHSMV fee schedule)

• Title transfer: $75.25 for an electronic title. Add $2.50 if a paper title is printed and mailed.
• Surviving Spouse Transfer: free by law (Fla. Stat. 319.32), except the optional $10 expedited title.
• Fast (expedited) title: $10.
• New lien recording: $2.
• License plate transfer: $4.50 (Fla. Stat. 320.0609).
• No late-title penalty is charged on deceased-owner applications.
• The $225 initial registration fee does not apply to registrations resulting from a co-owner transfer or an inheritance (Fla. Stat. 320.072).

Registration fees apply if the new owner registers the car, and they vary by vehicle and county. Tax collectors and private license plate agents may add their own service charges. Contact your local office to confirm the total.

Sales tax

Inheriting a car is not subject to Florida sales and use tax. Florida rule 12A-1.007 exempts distributions to the heirs of an estate, including to trust beneficiaries after the grantor's death, when a signed certificate of the facts comes with the title application. On Form HSMV 82040, check "Inheritance" in Section 9. Transfers of marital property between spouses are also exempt, and removing one name from an "or" title is not a taxable transfer. A sale of the car by the personal representative is taxable, paid by the buyer.

Title applications are filed in person at your county tax collector office or a license plate agency, not at FLHSMV itself. Use FLHSMV's office finder to find one near you. An out-of-state address is acceptable for deceased-owner transfers.

Tax collectors are separately elected county officials. Whether an office accepts deceased-owner title work by mail, or requires an appointment, varies by county. No official online route for a deceased-owner transfer was found. Contact the office to confirm before you go.

FLHSMV's full deceased-owner procedure is TL-18, and its Liens and Titles FAQ covers the Surviving Spouse Transfer.

Who can sign the title over to a buyer depends on the situation:

• Estate in probate: the personal representative signs the "Transfer of Title by Seller" section directly to the buyer and attaches a photocopy of the Letters of Administration. A majority must sign if there are several. An electronic title must be printed first. The buyer pays Florida sales tax when titling.
• Surviving spouse, no probate, no will (or the will names no one): the spouse may sign the deceased spouse's title directly to a buyer without titling it first, and gives the buyer the supporting documents.
• Surviving "or" co-owner, or survivor on an "and ... With Rights of Survivorship" title: can sign the title over to anyone.
• Heirs using the Release of Heirs, or anyone named in a court order: must have a title issued in their own name before selling.

After the sale, the seller removes the license plate and notifies FLHSMV within 30 days using the Notice of Sale (HSMV 82050).

If probate is needed, our state probate guide walks through it.