A death in the family can create a lot of mental distress. Aside from the emotional toll, there’s plenty to do across the various parts of the deceased person. In other words, what happens next? From funeral arrangements to the probate procedures if there’s a will to squaring off day-to-day matters, to distribution of assets, and more, the entire process is challenging, time-consuming, and raises many obstacles.
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If you’re an executor or a relative in charge of taking care of “things,” you probably have to handle the deceased person’s vehicles, from cars, to electric vehicles, to boats (it’s Florida after all!) and motorcycles. It’s unfortunate that while you grieve the loss of a loved one, you’ll also be responsible for everything they left behind. Think last will and testament, medical records, financial statements, and the transfer of their vehicle ownership known as a FL title transfer.
eTags.com transfers car titles online; no in-person visits, no lines
Selling? Gifting? Are you the living spouse?
Whether you want to keep the vehicle, or you’re interested in selling the deceased person’s car, or you want to gift the vehicle to a family member or even donate it to a nonprofit organization, you’ll have to first transfer the title. A surviving spouse could transfer the vehicle to a buyer or beneficiary without having to title the vehicle in their name first. As long as the heirs and spouse agree on the estate’s distribution and that it’s not in debt.
Probate court, the will, and a Florida car title transfer
The transfer of a motor vehicle after death in FL is governed by Section 319.28, Florida Statutes. When a car owner passes away, the executor or beneficiary has to apply for a new title certificate with The Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If the deceased person left a will, a copy of the will must accompany the title transfer in FL application.
A car title can’t be transferred in FL until the probate is completed
Probate is a legal process that handles how to administer the estate. It typically happens when there is no living spouse or beneficiary listed on the will. The probate proves that the will is legitimate, verifying the deceased person’s assets and property. A car title can’t be transferred until the probate is completed. Probate may only be avoided if the estate is not indebted. If the deceased person had any debts, the creditor claims must first be resolved.
Title transfer of a vehicle without a last will
If the deceased person died intestate (without a las will), you’ll need the following documentation to transfer the vehicle title in Florida.
• The completed application for the certificate of title, which you can find on the FL DMV website Application for Certificate of Title With/Without Registration (HSMV form 82040)
• The current certificate of title for the deceased person’s vehicle or other satisfactory proof of ownership or that he/she owns it
• Death certificate
• Proof of ID
• An affidavit that the estate is not indebted
• An affidavit that the surviving spouse, if any, and the heirs, if any, have agreed on how the estate assets will be divided
In Section 1 of Form 82040, when it asks for the owner’s name and address, it’s referring to the person who’s receiving the new title, so don’t put in the name of the original car owner who passed away
Title transfer of a vehicle with a last will
If the deceased person died testate, (with a last will), you’ll need the following documentation to transfer the vehicle title in Florida.
• The completed application “Application for Certificate of Title With/Without Registration” for the certificate of title; also known as HSMV form 82040
• You can find HSMV form 82040 on the FLHSMV website
• The current certificate of title for the deceased person’s vehicle or other satisfactory proof of ownership or that he/she owns it
• Death certificate
• Proof of ID
• If the will is being probated, a certified copy of the will and an affidavit that the estate is not indebted; or
• If the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted
A marriage certificate is also required unless the name of the surviving spouse is shown on the death certificate
Convenient title transfer online with eTags
For a quick and easy vehicle title transfer in Florida, go to etags.com/app/fl for a convenient online experience. There’s no in-person visit, no waiting for your turn or lines, you don’t have to make an appointment or worry about social distancing. Your car title transfer can all be done online; you upload a few document and a title specialist reviews your order to ensure all the paperwork is correct and verified. You can transfer the title of an SUV, car, pickup truck, motorcycle, motorhome and more.
202 comments
My aunt passed away. She lives in Florida. I live in Ohio. I am 1/2 beneficiary and executor of the estate. My mom is signing over her rights to the car. The car is old and doesn’t even run. I would like to gift this car to a lady who lives in florida. Do I need to title it in my name first then transfer or can I just transfer it straight to her?
The easiest way to do this is to title it to yourself in Ohio and then you can sign that title over to anyone you’d like. This can be completed as long as you have all the paperwork stating you’re the beneficiary. You may need a copy of the death certificate as well.
My aunt’s boyfriend died and wanted her to have his vehicle that was paid off. He signed the back of the title before he died and now she went with the vehicle to have it titled in her name in Florida. But his kids in Michigan wants the vehicle. He had no will but just verbally promised her the vehicle. Was it legal for her to title the car in her name and can the kids report the vehicle stolen and she get arrested!
Hi Tina,
We can’t provide any legal advice. However, it probably wasn’t a good idea for your aunt to go ahead and change the title. Technically, if no paperwork exists that states that the car goes to her, it actually belongs to his children. Good luck!
My uncle who lived in Florida died, and left his car at my parents house in Alabama. It has been here for eight years and there is no immediate next of kin. That thing has been here for eight years and I need to figure out a way to get rid of it but nobody will salvage it without a title.
Hi there,
If you don’t have the title or the ability to get it, you’re best bet would be to call the police and report it abandoned. They’ll likely tow it and sell it at an auction.
Hello. I purchases a vehicle cash with a bill of sale and was handed the title. Before i had the tag registered in my name or applied for a new one i was pulled over and the car ws towed to wrecker lot. They said the only person who can access the car or get it out is the last registered person in which just happened to out of the blue pass away!! What do i do? I dont know her family or anything and the title i did have is in the glovebox…. Help!!!
Hello! Sorry, you’re in this situation! Unfortunately, your only option will be to use the Bill of Sale to try and contact the family of the seller. The next of kin will be able to apply for a new title. After they receive it, they can sign it over to you. You should be able to use this to get your car out of the lot. Good luck!
Hello, my father passed away in Pa. There was no will, his wife opened an estate. I live in Fl. What documents do I need to transfer the car into my name here in Fl.
If the wife is the executor of the estate and she is listed on your father’s Death Certificate as the Surviving Spouse and informant, she will sign the title as the seller. To transfer the title , you will be required to provide the signed title (wife signs as seller and child signs as purchaser), your ID, proof of FL residence, and FL proof of insurance.
My mother in law passed away this month will be a year my husband sister is Supposed to be handling the probate paperwork in court but we have not heard anything regarding probate and we have heard nothing and we have her car and can do nothing with it we have had this vehicle for almost a year and would like to transfer the title over to us so that we can use it. What can we do or is there anything we can do. Please help! Rock in a hard place.
The Florida DMV requires either probate documents issued by a court stating who the beneficiary of the vehicle is or you an affidavit stating that there are no claims against the vehicle by a company or another individual/family member. We recommend that you seek legal counsel if you choose to use an affidavit and that you contact the DMV office you would visit to confirm that they would accept an affidavit. Best of luck and we hope you can resolve this soon.
I have a quick question – Trying to help a friend.
The ex-husband died unexpectedly.
He has 2 children – a 21 and a 25 year old.
There car was financed but the payoff is more than the car is worth. It is a FL car.
There is no will.
The children have the car and keys but they do Not want it as to pay it off it will cost more than the car is worth.
Can they just bring the car and keys with a copy of the death certificate to the dealer and walk away?
Our condolences for the family’s loss. We recommend you seek legal counsel so that the lease or finance agreement can be reviewed by a professional. You may also try contacting the dealer first to see what options they may provide.
My son has passed away- I am the informant on death certificate. there is no will no probate, I am next surviving relative. His father has no connect for years and no way to get a hold of him even. As informant in the state of florida can I transfer title?
Yes as the informant and mother of deceased you’re able to transfer the title.
Just go online to etags and choose Transfer title with New Plate
Documents Required:Title, death Certificate, ID/drivers license
Hi – my father passed away with a will and I’m an heir and the executor. My dad was in Florida and the car is registered in Florida but I live in Maryland. Do I transfer the title in Florida or Maryland? The estate is not in probate.
Here’s an answer from one of our eTags Specialists: It would probably be easier for the customer to transfer and register in Florida. In Maryland, if the person/ vehicle is flagged as deceased, then they will have to go to the DMV and can’t do it online.
In FL, with the death certificate, will and documentation that shows this person is authorized as executor, then the process is pretty straight forward. You can transfer your title in florida online with eTags
Hi – my uncle passed away in FL with no will. He had purchased a car in his name only, my aunt’s name is not on it. The car is not yet paid off. My aunt would like to re-title the car in her name and continue making payments. Is she able to do this?
Considering the vehicle is financed, you must have the lien holder make changes of ownership on the title.
Haven’t received a response.
My sister passed away with a will leaving everything to me. No spouse or children. There is debit owed against the estate. We plan on paying the debt with the sale money from the cars. We have ltrs of admn. Probate is not quite done but, lawyer says we can sell the cars. How do I handle the titles? Checks will be made out to her estate.
Typically, you would transfer the title yourself, then sell the vehicle. Usually, with these cases, the name on title death certificate and probate is requested. Also, if there is a unsatisfied lien on the vehicle, it needs to be paid off before selling.
My sister passed away. She was not married and had no children. I’m her executor and have a will leaving everything to me. She has 4 cars we would like to sell. There is debt against the estate which will be covered once the cars are sold. I have letters of admin. Do I need to transfer the titles into my name? Or can we sell them and sign the titles as executor.
Because the car has a lien, you won’t be able to obtain a Florida registration or tag in your name without going through the lien holder. If, for example, the lien is from an institution that financed the purchase of the vehicle, you could contact the lien holder to see about refinancing the loan to be in your name or both your names. Then, you can obtain a Florida registration. Alternatively, if your father has any intent to move to Florida, then the vehicle can be registered with FL tags without making changes to the lien.
Good sunday. My mother and father passed. They left a mustang to me. My 3 brothers are in agreement with the transfer of title. There is no will. How can I get the vehicle transferred to my name. Thank you!
We’re sorry for your loss. You can go to etags online and click on Register Vehicle for a title transfer + registration. You must have possession of the title & a copy of both parent’s death certificate. On the application for title form 82040, all siblings must sign off their rights to the vehicle on section 13 and the individual taking title must sign section 12.
My husband passed away owing thousands of dollars on his vehicle. My name was not on his purchase agreement and we did not have a will. This is my vehicle I use to get back and forth from work. Since I paid off the rest of the balance on this vehicle and I do not desire in a community property state, will I be allowed to keep the vehicle or does it have to go through probate.
Hey there, as the surviving spouse, you are automatically granted the vehicle. Considering this vehicle was previously financed, the certificate of title will most likely be electronic, therefore, you will need to apply for the printing of the electronic title first . Once you have possession of the paper title, you will then be able to transfer the title into your name.
Aside from title, you’ll need:Death certificate and Driver’s license. Just select print e-title online with eTags to get started.
My husband passed away and I got a letter from the court saying probate is settled and everything is resolved. The lawyer said that 3 cars are allowed to be left out of probate for us to keep and sell if we like. I went in today to transfer the title in my name and the lady made me feel like a criminal. Said the car should have been in probate and then said she needed all of my paperwork showing I was named person of administration (or whatever it is called). When I called first they said I just needed death certificate and my DL. What do I need to transfer this title to my name? Or would it be easier to not transfer in my name but just transfer to buyer? I’m so confused and they were so rude, unhelpful and made me feel like I was doing something wrong.
Assuming you’re referring to the 3 vehicles that were not included in the probate, you do not need to title these in your name, you can simply sign the title as seller being that you are the surviving spouse. In order to complete the transfer, the buyer will need a copy of the death certificate indicating you as surviving spouse along with the signed certificate of title.
However, if you still insist on having this title transferred into you name then eTags will simply need a copy of the death certificate and the original titles. The order must be placed as Title transfer only here. You’ll start first by selecting Register vehicle, then you’ll have to opt of of getting a plate.
Hi, my uncle passed away without a will and is not married or have any children. Guessing my grandmother (his mom) would be the beneficiary to his belongings. His vehicle is paid off and we have decided that I will keep his vehicle. What are the proper steps and what documents would I need. We are all in Florida.
You can get a title transfer and registration online so you’re named the owner of the car, plus get a FL license plate. In terms of documents, that depends on whether it’s part of probate or not. If you choose to go through eTags, once you log in, we’ll review your request and ask you to upload certain documents like your drivers license, and proof of insurance.
I purchased a car from my cousin(2nd cousin) dealership back in 2018 buy here pay here kind of arrangement. Since he was family we did not have a set payment. I paid him what I could afford with the promise to paid off car off within 3 years. I had a balance of $2,800 left on the loan. In early 2020 (march 2020) he died of COVID. No will, not even sure if he has record of the payment. Now I need to title the car on my name. What do I do?
in this specific case, you would need to seek legal counsel.
My Bestfriend died he has no family or relatives and he asked I take care of things for him after he passed. What do I do with his car? He owned it straight out and owed nobody anything but I can’t find the title. Can I keep it?
Hello there, you can try requesting a duplicate title which is a title replacement
Hi! My nephew recently passed away without a Will. He was a resident of FL and unmarried. His mother is still alive and a resident of La. She is special needs and can not take title to his truck as this would mess up her benefits. So she would like our Dad a resident of FL to take title to the truck. Can you let me know what documents would be required to transfer the title to my Dad?
You can order a title transfer online with new plate. Basic docs required would be the original certificate of title and the death certificate and ID of both the deceased and the applicant.
My brother passed in FL; I obtained an Order of Summary for his property (which I transferred) and to his vehicle. I live out of state. I have the title, the d/c, the order of summary. How would I go about putting the title into my name? I contacted the State of Florida DMV and they said I needed to go through my state for a new title, but I want to give it to my son who is a resident of FL – how can this be accomplished
hi there, eTags online does both in-state and out-of-state title transfers with registration or not. It’s done online. Just follow the prompts, answer a few questions and upload documents needed.
Hi,
Our 93 year old aunt just passed away. She lived in Illinois but at one point did have a winter home in Jupiter, FL. Because of the Jupiter, FL home, she maintained Florida residency. After she sold the Jupiter, FL home a few years ago and moved back to Illinois, she kept a FL P.O. Box for tax reasons and to keep her Florida residency. Her car is titled in Florida, but sitting in the garage in her Illinois home. Unfortunately, she was a hoarder and we have been unable to locate the title for the car. My father is executor of her estate and has asked me to figure out how to get title to the car. There is a will and we do have copies of her death certificate. I don’t have a clue where to begin. Any ideas how we go about getting the title for her car so that we can transfer the title to either a relative or buyer?
Hello there, yes you’ll need a duplicate title also known as a title replacement. Check out Etags to order a duplicate title
just follow the prompts online!
Good morning.
Last year i gave my mother a vehicle I own. I live in Florida and still retain the car loan and she lived in Alabama. I had her title it in Alabama for insurance purposes. Well, she passed away last month…..I am her next of kin and executor, she had no will. What do I need to do to retitle the car in Florida? Thank you.
To retitle it, you’ll need the transfer the title to put in your name, and register it to get a license plate. If she never signed over the title to you, you may need a few more documents like certificate of death. You can do this all online with eTags
He said he “still retain[s] the car loan.” Sounds like he doesn’t quite “own the car,” but is making payments to a lienholder.
Doesn’t that change your advice?
Hey there, we’re having trouble locating the entire question. Can you send back with past question?
My Brother passed in November 21. He lived with Mom. Mom wants to sell his car. I have power of attorney for Mom. The title is electronic in Florida. How can I get this done?
Thank You, Jim