When someone passes away, their vehicle becomes an asset that must be addressed as part of settling the estate. In Florida, the process for transferring a car title after death depends on how the vehicle was owned and whether probate is required. Getting it right is important for avoiding delays, disputes, and legal complications.
This guide explains how vehicles are handled in estate plans, the steps for transferring a title after the owner dies, and why professional guidance can make the process smoother.
How Vehicles Are Addressed in Estate Plans
A well-prepared estate plan can make vehicle transfers much simpler. In some cases, the title transfer can take place quickly, without probate, if the ownership was set up to allow it. Common situations include:
- Joint ownership with right of survivorship – The surviving co-owner automatically becomes the sole owner.
- Transfer-on-death (TOD) designation – The named beneficiary can claim the vehicle by providing the required documents to the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
- Trust ownership – If the vehicle is titled in the name of a living trust, the successor trustee can transfer it to the intended beneficiary without court involvement.
If the owner dies without one of these arrangements, and the vehicle is titled only in their name, it typically becomes part of the probate estate.
Determining if Probate Is Required for the Vehicle
In Florida, probate is required for vehicles titled solely in the deceased person’s name with no surviving co-owner or beneficiary. The type of probate depends on the estate’s size and complexity:
- Summary administration – A shorter process that may be available if the estate meets certain value limits and other conditions.
- Formal administration – A longer, court-supervised process for larger or more complex estates.
When probate is required, the court appoints a personal representative, who is responsible for transferring the vehicle to the rightful heir or beneficiary.
Steps to Transfer a Car Title in Florida After Death
Without Probate
If the vehicle qualifies for transfer outside probate — for example, through joint ownership, a TOD designation, or certain small estate procedures — the process is generally faster. You will typically need to provide:
- An original or certified copy of the death certificate.
- The current vehicle title.
- Valid identification for the new owner.
- Any required affidavits or forms from the DHSMV.
These documents are submitted to a local tax collector’s office or the DHSMV, which issues a new title in the new owner’s name.
With Probate
If probate is required, the personal representative handles the transfer. The steps include:
- Obtaining court authority to act as the personal representative of the estate.
- Completing the DHSMV title transfer forms.
- Submitting the completed paperwork, along with the death certificate and proof of appointment, to the DHSMV or local tax collector’s office.
Common Challenges in Vehicle Title Transfers
While the process may sound straightforward, several issues can slow it down or create disputes:
- Unclear ownership – If the title doesn’t clearly reflect the correct owners, additional documentation or court orders may be needed.
- Disagreements among heirs – When multiple family members want the same vehicle, conflicts can arise.
- Missing or damaged titles – Replacing a lost title adds extra steps before the transfer can occur.
- Outstanding loans or liens – The lien must be satisfied or transferred before the title can be issued in the new owner’s name.
- Out-of-state titles – Transferring a vehicle registered in another state may require coordination between agencies.
How an Attorney Can Help With the Process
Transferring a car title after someone dies can be complicated, especially if probate is involved. An attorney can help by:
- Reviewing the title and determining whether probate is required.
- Preparing the necessary paperwork for the DHSMV and probate court.
- Resolving disputes between heirs or beneficiaries.
- Coordinating with lenders or lienholders to clear the title.
- Ensuring the transfer complies with Florida law and avoids unnecessary delays.
Get Guidance for a Smoother Process
Whether the vehicle transfer is handled through probate or a simpler process, it’s important to complete each step correctly. Mistakes can cause delays, increase costs, and even create legal disputes.
Verras Law helps families throughout Florida handle probate and asset transfers, including vehicle title changes. If you’ve lost a loved one and need guidance, contact us today to schedule a consultation.