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 last 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.
300 comments
Hello, my uncle passed a few years ago. His estate has gone through probate. I currently have his car in my possession .The heirs are myself, my 2 brothers and my sister. None of them want the car. it is my understanding I get letters from them stating this and the above form, copies of the probate, and his death certificate and I can get the car transfered into my name. I do not have a copy of the title for the car. I assume I must apply for a new title to show his ownership before I send in all the paperwork. Thank you for any assistance you can give.
You are correct on the documents you will need in order to transfer ownership. You will need the title first before you can transfer the ownership and the same letters/affidavits you would use for the transfer can be used to request the title first.
HI, I am in Florida. I have a complicated situation I need help with. My wife and I were best of friends with our buddy Curtis. He had cancer. He gave my wife full control including health proxy, POA etc. because he was going to get a divorce from his wife (not a US citizen) and he gave her instructions to her about transferring assets if he took a turn for the worse. One of those assets is vehicles. He told my wife to leave the car he bought for his wife with her and the pickup truck he gave to his stepson should remain with him. All other vehicles (roughly 5 or 6) he wanted gifted to his Father in Michigan. All but one of those vehicles do not have any real value (less than $1000) with the exception of his pickup truck which has a lien from a bank. The gifting was done while Curtis was alive and captured on the appropriate signed and notarized affidavit. Unfortunately, Curtis passed away before we could obtain duplicate titles or get transferred by his father. How can we get the titles transferred. We have the POA, the affidavit gifting the vehicles (executed before he passed away) and the death certificate.
Our condolences for your loss.
You will either need a will that has already gone through probate or estate documents that name the heirs or personal representative. You may instead consider seeking legal counsel to see if the PoA and affidavit can be used without the probate or estate in order to get the vehicles transferred. Best of luck.
Father died. Mother is living spouse but wants to gift the car to another family member. What is needed from both parties to do a transfer? Proof of insurance?! Is a new license plate needed?! We are at a complete lost
Our condolences for your loss.
If the FL title has your mother’s and father’s name separated by the word “OR”, then she can request a duplicate title (if she doesn’t already have the the title) and sign the title over as the “seller” to your family member without any extra/additional documents.
If the FL title is only in your father’s name or if it has both your parents name separated by a slash (/) or “AND”, then your mother must prove that your father is deceased and that she is the surviving spouse. If she is named as the surviving spouse on his death certificate, then that is all she will need to request a duplicate title and then sign as the seller and surviving spouse. Assuming you feel comfortable providing a copy of the death certificate to the family member to whom the vehicle is being gifted, they can use the copy of the death certificate, the title, their ID, and Florida insurance to transfer and register the vehicle in their name. If your prefer to not have to provide a copy of the death certificate to the family member, it would be best (although not required) to first have the title transferred to your mother’s name (only) and then use the new title to provide to the family member.
Since your mother is the surviving spouse and assuming she is named as such on the death certicate, she can request a duplicate title from the DMV if she doesn’t have the title and then sign the title as the seller. Your family member to whom the vehicle is being gifted would sign the title as the buyer.
Hi my brother in law pass away unexpectedly of natural cause of death. His wife and sister is the only sibling and family he got . His car is paid off and how can it be transfer to his sister or his wife.
Our condolences for your family’s loss.
If there is no will or estate that named a specific heir or beneficiary, then his wife would be the immediate heir. With the death certificate showing her name as the surviving spouse, she can transfer the title into her name. This can be done in person at any Florida tax collector or private tag office or online with eTags. Wishing you and your family all the best.
Dad passed away in Florida. The death certificate shows me as informant. He has a will naming me as Executor and also in the Residue clause. His only property a car that is in his name only. The car was paid off and I have the Title (PET) with a lien satisfaction portion at the top. Can this be transferred into my name? I am in Ohio.
Our condolences for your loss.
You’ll need the will, death certificate, and the Florida title to complete the transfer to your name at an Ohio title office. If you choose to use eTags online transfer service in OH, we’ll ask you to mail us a certified copy of the death certificate and the original FL title. A scanned copy of the will is acceptable. If you don’t have the FL title and need to order a replacement, you can do so online with eTags where you will only need to provide copies of the death certificate, will, and your ID which you can upload via your eTags account.
My mother passed away in late 2023 and left her vehicle in her will to me. I live in Virginia and currently have the vehicle here with me. I would like to transfer ownership of the vehicle to my son. Do I need a new title from Florida or can I go through Virginia DMV for the changes? Thanks in advance.
Our condolences for your loss. Because each state DMV has their own rules and regulations, you will have to consult directly with the VA DMV to confirm if what they will require. Please visit the VA DMV website here: https://www.dmv.virginia.gov/ – They may allow you to use the existing title in still in your mother’s name where you may sign the title over directly to your son as the executor to beneficiary depending on what the will states. The VA DMV may instead require that you first have the title transferred into your name before it can be transferred to your son. Whether you obtain a new title in your name from FL or VA is likely of no consequence, except whatever you find easier to do based on your findings with the VA DMV. Best of luck.
My uncle passed away in October. He was a Florida resident, His will has now gone through probate. We cannot locate his title which we were told was a paper issued title. In addition we need to transfer ownership to the administrator of the will. The administrator lives in Washington DC, the car is in FL. Do you know the steps to go through to get the necessary title and transfers?
The administrator of the will can request a replacement title and it can be mailed to them in Washington. They must provided copies of the probate/court documents and may be required to furnish originals or certified copies, along with their ID and possibly other documents based on what is stated in the probate documents. Depending on what the administrator of the will intends to do with the vehicle (keep, sell it, etc) and what state the vehicle will ultimately be registered, the requirements to transfer ownership will vary.
My daughters husband at the time bought her a car in both their names right before he filed for divorce. He did this because his credit was needed for the loan and he knew she would not have a car once he left her. He divorced her and moved 8 hours away. The car is now paid off, but the title is still in both of their names with and/or. My daughter passed away recently, and has no will. Does her ex-husband automatically get her car, or can I apply for probate for her asset? She had no children.
Sorry for your loss, check out section 2a/1a
Both my grandparents(Florida residents) passed and my mother is the only heir. We were told the vehicle was exempt from probate. It has a lien holder. She attempted to sell but everyone is concerned with the title being in the deceased names. I’m at a loss on where to even start to straighten everything out.
She can transfer the title into her name with proof that she’s heir and death certificate. You may also need a lien release. You can start the process online with eTags as you’ll have a title specialist communicating with you, advising you about all forms and process. You can also call our customer support.
If my brother is deceased and my sister is executor of his estate and she gives me the title to his motorcycle, what do I need to do to get it registered and tag able?
The title must be assigned to you, then you must transfer the title into your name. You can register the bike at the same time of title transfer to get plate. You can do this online.
My nephew passed away intestate, we have been granted administrative rights by the Florida courts. He has a automobile with expired Plates. How do we get the registration and title in our name?
If you do not have the title, person with Admin Rights must apply for a dup title. Then you can use eTags online services title transfer + registration.
If you have the title, person with Admin.Rights must sign the title as seller and person desiring to take take must sign as buyer. Then place an order for a transfer with new registration.
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.