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.
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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.
16 comments
My Dad passed away. He has a car in Florida titled in his name. My Mom has the clear title, Marriage certificate and her name is on the death certificate. Can she now proceed with the sale of
this car.
Yes, if she appears on the death certificate, she will be able to sell the vehicle. She must sign the title as the seller and mark that she is the SS (surviving spouse) on the the title. She will need to provide the buyer with a copy of the death certificate and a copy of her drivers license.
The deceased is a resident of Florida and passed with a will that has been filed in the county of residence. The estate is very small and the 3 beneficiaries under the will (her children) would like to avoid probate, if possible. The vehicle is titled in Florida and owned by the deceased and another person that is not a resident of Florida (OR, not AND). Can the beneficiaries use form 82040 to transfer the deceased interest in the vehicle one of the beneficiaries?
The Florida DMV requires the probate process to be completed before the title can be transferred. If the beneficiaries happen to reside in another state, you may check the requirements of the DMV in that state to see if the transfer can be completed prior to the probate processing being completed.
My mother passed away in Illinois, February, 2021. She had a Will and a Trust of which my brother and I are the Trustees and the Beneficiaries…. I went to the DMV to put the car in my name and get the title changed, but the agent there said that since she had a Trust, the car title needed to be put in the name of the ‘Trust’, then I could have the title changed from the Trust to me…??
Is this true? I need to transfer the title to the Trust, wait for all that to complete, then spend the money again to transfer the title to me from the Trust? Do I start with Illinois DMV to transfer it to the Trust, then Florida to transfer from the Trust to me? Thank you.
Hi, the information you received is accurate. You will be required to transfer the title to the name of the trust. Once you have the title in the name of the trust, you can then do a title transfer to you, your brother, or whomever else is listed as a beneficiary. Should you wish to process either transfer online, you can do so with eTags here.
both of my parents have passed away. the registration on the car had expired. the car has been sitting in their garage for 3 years now. we just sold their house so we need to move the car off their property. i am the daughter and live out of state. we wanted to give the car to a family friend. do i need to wait for the letter of administration so we can sign the title over to our friend? that is how it works in my state of maryland. what is the process to do this?
Our condolences on your loses. The process depends on where your friend plans to register the car. Some states require that the title be in the beneficiary’s name which means you would have to transfer the title to yourself first. Other states may allow you to sign the title currently in your parents name and provide that to your friend which Maryland and Florida allow. Your friend may place an order to either transfer the title and register the car in her name in Maryland or Florida by visiting eTags.com.
Hello,
My father passed away with no will. The car is payed for and we have the paper title. My mom, his wife, is named on the death certificate. Can the title be transferred to her via the internet or do we have to go to the dmv? I tried to do it on here but it said I couldn’t which seemed odd.
Thank you
You can submit an order to transfer the title in your mother’s name by visiting
https://www.etags.com/app/fl/title/transfer?utm_source=blog_question When selecting the the type of title transfer you need to complete, please select the option for Transfer as Gift. To begin the reviewing process, we require an image of the original title, your father’s death certificate, your mother’s driver license or passport, and proof of Florida insurance if you want to register the vehicle in her name.
My stepdad passed away and my mother doesn’t drive. She wants to gift the vehicle which is in his name but she is his beneficiary, to my daughter ( this is all in florida) the vehicle is free and clear what do I do?
If there’s a probate document naming your mother as the beneficiary of the vehicle, then she can sign the original title as a seller over to your daughter as a purchaser. You can submit an order to complete a title transfer and registration in your daughter’s name by visiting https://www.etags.com/app/fl/title/transfer?utm_source=blog_question To begin the reviewing process, we require an image of the original title, your daughter’s driver license and proof of Florida insurance.
If your mother does not have the original title, then you can submit an order for a duplicate title by visiting https://www.etags.com/app/fl/title/replacement?utm_source=blog_question to print the title, we’ll require an image of your mother’s driver license, your stepdad’s death certificate.
Hello,
I’m in Texas and my uncle passed away without leaving a will in Florida. The car has been paid off. My mother wants to have the title transferred to her. She also cannot find the title. She has not begun the probate process. Can she transfer the car without going through the probate process? If so, what documents would she need once she purchases the replacement title?
The title can be issued to the spouse or beneficiary named on the death certificate without the need for any probate or other legal documents. If the title needs to be issued to anyone other than those named on the death certificate, proper legal documents (like probate documents) will be required. A person named on the death certificate or one named in probate documents, can place an order for the title on eTags’ website here.
Hi
I’m in Arizona and my MOM recently passed without a will in Florida. Her car is free and clear. no leans
I need to transfer her car title. I see I need an affidavit to be done to accompany the 8240 . Is that something i can have done here in Arizona and have notarized? do I the mail it in to you or can I scan it?
I’m ultimately going to transfer the car to my mothers boyfriend
If your mother was not married and you are listed as an informant on her death certificate, then a transfer of ownership can be completed by visiting https://www.etags.com/app/fl/title/transfer?utm_source=blog_question
o begin the reviewing process, we require an image of the original title, your mother’s death certificate, your mother’s boyfriend’s driver license or passport, and proof of Florida auto insurance.