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.
278 comments
Hi,
My father passed away in Florida with a will and my mother is the beneficiary. Unfortunately, she has advanced Alzheimer’s and cannot handle her own affairs; I have her power of attorney and also am the executor of my father’s will because of my mother’s condition. My father owned a car (no loan) and I believe the title is only in his name. How do I go about transferring the title so I can sell the car to help pay for my mother’s care? (I have the car registration, my father’s will, a letter from my mother’s physician stating her condition and my power of attorney. I do not have a copy of the car title — I believe it’s in electronic form.). Thank you for your help.
Since the title is currently electronic, you must first to print the electronic title which you can do with eTags online.
You are not required to transfer the ownership, your mother as surviving spouse can sign the title as seller. Since you have power of attorney for the beneficiary which Im assuming would be the surviving spouse recorded on the death certificate, you may sign on her behalf.
Documents required: Death certificate, will, POA, mother’s ID, and your ID (son)
I have an associate whose mother died a month ago. She has a friend as executor. I am being offered the car for loan payoff amount. They need me to pay the loan off and they will apply for title and sign over to me. What is best way to go about this the protects me and my money?
In this case, it’s probable best to reach out directly to lien holder to get a full picture of the situation and how to proceed. Right now, the lien holder has the title and they technically own the vehicle. You can ask for a bill of sale too for proof you’ve made full payment. Once you have the title you’ll have to transfer it into your name to become the new owner.
I am a Joint owner a car with an “Or” in the title with my mother in Florida. My mother passed. Can etags help me get a new title in my name?
Yes, since the title has an OR designation. You can transfer the title to yourself and register it online for car/plate.
Hello, I hope you can help. My grandmother gifted me a VW and she passed away with her name on the title. I used my bank to pay off the rest of the vehicle thinking everything was fine. Now, my bank sent me the title and asked me to get my name on it, as they are the lein holder now. My mother is the executor of the estate and she lives in Texas. I want to get this vehicle registered and plated for Florida, which is where I live. I’m not sure where to even begin.
Your mom has to title the vehicle in her name first in Texas and then sign off to you. Then you must apply for a title transfer and registration in FL as if you’re moving to fl. You can title and register online.
My mother recently passed away and my daughter has bought her car from the estate. My brother is the executor and signed the title as well as a bill of sale. I have a copy of her death certificate which also declares my brother as the informant. Does my daughter need any other forms to transfer the florida title to a title and registration here in our home state of Alabama. My mothers will went through summary administration as the estate was very small.
eTags doesn’t operate in AL, but seems like she’ll need to do an out of state title transfer since the vehicle was titled in FL and she’ll need to register in AL. Typically those transaction need a vin verification.
My mother recently passed away in Florida. Her will is in an abbreviated probate. My brother is the executor and listed as the informant on her death certificate. My daughter has purchased the car from the estate and is needing to register it in her home state of Alabama. We have the Florida title signed by my brother, a bill of sale signed by my brother and her death certificate. Is there any other form we need to present when applying for the new title and registration in Alabama?
Hello, we don’t operate in Alabama but it seems like you got it covered. Essentially you’ll be doing an out of state title transfer and registration in AL.
My best friend passed away here in Florida. and she left me the title to her car. There is no family and the title is not signed. How do I go about acquiring the car/RV?
Typically, the surviving spouse or executor would be the new owner, and eTags can help in that case. But however, since you’re a friend, we recommend you go to the DMV
My husband passed away in October of 2021. He bought 2020 Chevrolet traverse which I am still paying on. The registration is in his name only. How do I get my name on the registration since I am still paying on the SUV?
You must apply for a title transfer in your name and register in FL.
I received a car from a deceased father and the title was still in his daughter’s name when he transferred it to me. I was told his daught dud not have a will and I went to the Tax collectors office in Florida to get the tag and title and was told I needed either a paper from the father he got from court saying he had legal rights to his daughter’s car or he could get a title in his name and transfer it to me. I have contacted the father and he is not responding to me about this. How can I get what I need so I can get my tag/ title in my name ASAP, tempory tag runs out August 10 2023
It seems like you need to seek legal advice.
Hi,
I’m in Florida and my cousin had passed away leaving a car behind and his wife gave it to me to own since she didn’t want it. She had lost the title to the car and don’t know where it is(and the registration form of the car as well I believe), what can be done so the title can be under my name?
Thank you!
Hi there! Your cousin’s wife can apply for the duplicate as his informant. As long as she has the death certificate and will if applicable, she can place an order on our site. After she receives the title, she can sign it over to you. Good luck!
My mom passed away last year in Wisconsin. My dad is deceased. Three children, none of whom live in Wisconsin. My brother currently has possession of her vehicle in Illinois, but we want to transfer the title over to me in Florida. However, we cannot find the title. Most of what I’ve read on the WI and FL DMV sites pertains to transferring a title to an heir, but it assumes within the same state as the deceased. I have no idea how to request a lost title and have it transferred to me in FL.
A duplicate title must be applied for first. All heirs must apply for the duplicate title, but all 3 signatures must be on a duplicate title form. Then a transfer title order must be placed to process the transfer for the person living in FL.You must provide death certificate, and will if applicable. If letters of administration were issued, those will be required as well. eTags can help you with the title transfer and registration online for FL
My mother recently passed and her car is left to the estate, I am the executor. We likely don’t need to go to probate. I’ve read that I would need a sworn copy of the will in order to transfer title so I can sell the car (if no probate). How do I go about getting the sworn copy of the will or is there an easier way to do this? Thanks!
Good morning,I am interested in buying a car from someone.The seller has the title (from the state of ohio)but the previous owner is deceased and there is no way to get in touch with any next of kin. Is there anyway that I could get this title switched over to my name? Thanks.
If the seller was assigned the vehicle from the previous owner, then the title was already transferred. If you’re buying it, the seller just has to assign the vehicle to you and you can transfer the title into your name and get a registration/plate.
Hi my dad just passed away and had a car titled in his name with “or” and my moms name who is alive but has dementia and can’t talk. He ownes the car outright and I have the title so how can I get the title changed in my name so I can keep it and get it registered.
Hey there, you’ll need a POA from your mother to request the title. In regards to the title transfer, you can also sign as the POA as long as mileage is not recorded (on vehicles 2010 and older).
MY ex wife who was not married died of breast cancer recently. She has two children Robert who is taking care of all the arrangements and a daughter whom the car is to be given to..She left no will.
What are the steps please..We are waiting on death certificate, copy of title, thank you
The person listed as the informant on her death certificate is eligible to sign the title over to whomever they please. Once you have the title and the death certificate, please feel free to use this link to place an order for title transfer. You’ll need insurance and the daughter’s driver’ license as well.
I am looking at a car to buy from a private owner. The owner of the car bought it 2 months ago from a friend whose grandfather passed. He has the title in his name. Is there any way to find out if this is a legal title? Or if the friend forged the grandfather’s name to sell the car fast. And if I buy the car, if the title looks perfect, can they come after me and take the car away? Is there a way for me to find out if the car was legally sold? And what are my rights?
Hello,
Whoever’s name is printed on the most recently issued title is the legal owner of the vehicle.
Hi
This is slightly complicated. I live in Florida, and my friend’s dad, who lived in Illinois, passed away over 2 years ago. When he passed my friend (who also lives in Florida) sold me the car, but couldn’t actually sign over the title until getting the estate handled. It took over two years but it is now handled and he can now officially sell the car. So I need to get the car in my name, what is the best way to proceed?
Hi there! Since the estate business has been handled. The executor of the estate simply needs to sign over the title to you. Once you have the signed title, you can place an order for title transfer (with registration) here on our site. Please let me know if you have any questions!
Hi,
My aunt passed away and left my mother her car in a living trust. After paying what was left in the car from her accounts off. We tried to get the title from the dmv which was electronically they wouldn’t give us it because they needed a *copy of a will* and not a trust. It states clearly the car goes to my mother. Just need help how to get this title transfer over to her name so we can sell the car .
Hey there, eTags may be able to help with getting you a title if you can get a copy of the will and letters of administrations if applicable.
The reason why the Trust wasn’t accepted is because the vehicle is not registered under the trust, it’s registered under her personal name.
Hello there! This would be a question for a lawyer or even law enforcement. Unfortunately, eTags can’t offer any legal advice. Good luck!
I sold my vehicle to my father a few years ago and transferred to his name. He recently passed away with no will or executors. I am unable to find the title to the vehicle, only the registration and insurance. How do I go about obtaining a new title and transferring to my name in order to sell the vehicle?
Hello there, you can set up an appointment with the court and take the death certificate with you, and a document that proves you are the daughter. You’ll be given a legal document or probate will that will allow you to get the replacement title (also called a duplicate title) and transfer the vehicle to your name. You can get a duplicate title, title transfer into your name, and registration online with eTags. Before you register, you’ll need FL auto insurance too.
My father recently passed away and he didn’t leave a will. He has a car lease with Honda and the car has very little miles on it. I have his death certificate. Honda corporate says that they only need his death certificate. The local dealership is looking for a power of attorney in order to buy the car from me and give me back a credit. They are saying that I can only surrender the car to them and receive zero credit. I am trying to figure out the easiest way to unload the vehicle without losing the equity that I could be receiving.
My father passed away in August. He did not have a will. No spouse. I am his sole heir. He had a lein on the car that I paid off but the finance company released the title but I never recieved it. What do I need to register the vehicle and get the title in my name?
Hi Kayla!
You’ll need the title, insurance, driver’s license, and death certificate in order to register the vehicle. You can place an order on our site to print the title. If you do, you’ll need the lien release letter from the finance company as well. I hope this is helpful!
complicated situation here . my mothers oldfriend passed away after agreeing to sell his car to us here in Delaware … his ex wife living in florida sent over the title he had and registration and sold us the car . she NEVER transferred ownership and then she died as well . the title got lost in the process of exchanging and giving us our vehicle we purchased from them . we have a bill of sale signed by my other and the exwife , we have the registration and we have the vehicle but no title and it is still in the deceased mans name registered to Florida , delaware doesnt accept at BOS for duplicate title . what can i do to get another title and register and tag my vehicle ?? seems there is no one else to contact ive tried for months now
If the ex-wife is willing, she can apply for a new title and sign it over to you again. In fact, she’s the only one who can help in this capacity.
I am the executor and beneficiary on my brothers will in FL. I have the original car title. I have a buyer for the vehicle who also lives in Fl. Do I have to re-title the vehicle in my name or can it be sold without re-title to me first?
There is also a second vehicle which I plan on gifting to an individual who lives in PA. Can I gift this vehicle to the PA resident without re-titling to myself first?
Hi there! No need to re-title in your name. You’ll simply sign the title over with your name -executor. The same would be true for the gifted vehicle. Good luck!
No probate, no debt. Heirs are 18 and 5 from 2 different mother’s. Does the 5 year old have to go on the title? Does that mean the 5 year old’s mother has rights to that vehicle?
Hi Melissa! This is a question better suited for a lawyer. What I can say is that if there’s a will, the DMV will transfer the title to whoever is on the will, meaning both the 18-year-old and the 5-year-old. This wouldn’t mean the mother has rights to the vehicle but I would contact a lawyer to define what it means for the 5-year-old. I hope this helps!
My brother in Florida passed away Jan 6, and in his will he left me his vehicle. He lived at a veteran’s home, his car was his only asset. I live in Ohio, how do I go about transferring the title to my name. Thank you for your help.