Transfer a car title after a death in Florida

An heir can get a new Florida title without a probate court order. If there was no will, the heir files an affidavit that the estate is not indebted and that the spouse and heirs have agreed on dividing the estate.

Checked against official sources: October 30, 2026.

Car or vehicle title after a death in Florida

An heir can get a new Florida title without a probate court order. If there was no will, the heir files an affidavit that the estate is not indebted and that the spouse and heirs have agreed on dividing the estate. If there was a will that is not being probated, the heir files a sworn copy of the will and an affidavit that the estate is not indebted. Form HSMV 82040 has a section where the spouse or heirs release their interest to the applicant. A surviving spouse may also sign over the old title directly to a buyer. If the title is in two names joined by 'or', the survivor owns the car.

Law: Fla. Stat. 319.28(1)(b), (d); Fla. Stat. 319.22(2); Fla. Stat. 319.32(7)

Source: Application for Certificate of Title

Agency
Florida Department of Highway Safety and Motor Vehicles (FLHSMV), through county tax collector offices
Form
HSMV 82040 Application for Certificate of Title With/Without Registration (Section 13: Release of spouse or heirs interest)
Fee

Title fees are set by Fla. Stat. 319.32; your county tax collector gives the total. There is no title fee (other than an expedited fee) to remove a deceased spouse who was a co-owner, or to change a title from a deceased spouse's name to the surviving spouse.

Source: Official page

Do vehicles count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Cars and other vehicles
Has its own procedure

A car can be retitled at the tax collector's office without a court order if the heirs sign an affidavit that the estate owes no debts. Up to two family cars are also exempt property when there is a surviving spouse or children, and exempt property is subtracted from the summary administration total.

Law: Fla. Stat. 319.28(1)(b); Fla. Stat. 732.402(2)(b)

Boats and mobile or manufactured homes
Counts

A mobile home or boat in the person's name counts as part of the estate, unless it is exempt from creditors. A mobile home can also be retitled through the motor vehicle agency under the same heir-affidavit rule as cars.

Law: Fla. Stat. 735.201(2); Fla. Stat. 319.28(1)

Related pages

Free help in Florida

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.