Florida Vehicle Transfer After Death
Transfer car title after death in Florida through your County Tax Collector. A surviving spouse with no other heirs can retitle the vehicle for free using FLHSMV Form HSMV 82152, while other transfers use the general title application, HSMV 82040.
How Was the Vehicle Titled?
The transfer process depends on ownership type. Pick your situation below.
Surviving Spouse (Free Transfer, HSMV 82152)Probate may not be needed
A surviving spouse with no other heirs is taking the vehicle
When a deceased owner has a surviving spouse and no other heirs, the spouse can transfer the title without probate using FLHSMV Form HSMV 82152 (Application for Surviving Spouse Transfer). The replacement title fee is exempt, so there is no title fee for this transfer (registration fees from the title change still apply).
- Original certificate of title
- Certified copy of the death certificate
- Certified marriage certificate (unless the spouse is named on the death certificate)
- Completed HSMV 82152 (Application for Surviving Spouse Transfer)
- Valid ID
Joint ownership ("OR" on the title)Probate may not be needed
The title reads "Owner A OR Owner B" and one owner survives
If the title joins the owners with "OR", the surviving owner can transfer the title by signing and submitting the general title application (HSMV 82040). No probate is required.
- Original certificate of title signed by the surviving owner
- Completed HSMV 82040 (Application for Certificate of Title)
- Valid ID of the surviving owner
- Payment of the title fee
Joint ownership ("AND" on the title)Probate likely needed
The title reads "Owner A AND Owner B" and one owner has died
If the title joins the owners with "AND", the estate must go through probate before the title can transfer. The personal representative provides Letters of Administration or Letters Testamentary with HSMV 82040.
- Original certificate of title
- Certified copy of the death certificate
- Letters of Administration or Letters Testamentary
- Completed HSMV 82040 (Application for Certificate of Title)
- Valid ID
Sole Ownership (Probate Required)Probate likely needed
The vehicle is titled only to the decedent with other heirs involved
Vehicles titled solely in the decedent’s name typically require probate. The personal representative obtains Letters of Administration or Letters Testamentary from the probate court, then files HSMV 82040.
- Original certificate of title (if available)
- Certified copy of the death certificate
- Letters of Administration or Letters Testamentary
- Completed HSMV 82040 (Application for Certificate of Title)
- Valid ID of the personal representative or heir
See the full step-by-step process
Read the Florida title before anyone signs
Confirm sole or joint ownership and, for joint titles, whether the owners are joined by "OR" (survivor can transfer) or "AND" (probate likely needed).
Use the free surviving-spouse path when it fits
If you are the surviving spouse and there are no other heirs, FLHSMV Form HSMV 82152 retitles the vehicle with no title fee. Bring the death certificate and, if needed, a marriage certificate.
Otherwise use the general title application (HSMV 82040)
Survivor and probate transfers use HSMV 82040 (Application for Certificate of Title). The standard Florida-to-Florida title fee is $75.25.
File with your County Tax Collector
County Tax Collectors handle all Florida title and registration services on behalf of DHSMV. Bring the original title, certified death certificate, completed forms, and ID.
Keep registration and insurance current
Keep the vehicle insured and the registration current until the title transfer is complete. If the original title is lost, apply for a duplicate first.
Special situations: loans, multiple heirs, out-of-state, insurance
Keep the Vehicle Insured
Maintain insurance on the vehicle throughout the transfer process. If the policy was in the deceased's name, contact the insurance company to add yourself as a driver or transfer the policy.
Outstanding Loans
If there is a loan on the vehicle, contact the lender. You may need to pay off the loan, refinance in your name, or return the vehicle depending on the estate's finances.
Multiple Heirs
If multiple people inherit a vehicle, the title agency may require signatures or authority from each person with an interest. Verify the required signatures before attempting the transfer.
Out-of-State Vehicles
If the deceased lived in another state or the vehicle is registered elsewhere, you may need to work with that state's DMV first before transferring to Florida.
Frequently Asked Questions
Can I transfer a car title without probate in Florida?
What documents do I usually need to transfer a vehicle after death in Florida?
What if there is a loan on the vehicle?
Not Sure Whether Probate Is Required?
Use the Florida probate assessment before you submit DMV paperwork if the vehicle was solely owned or the estate looks close to a small-estate threshold.
Take Florida AssessmentStill weighing whether to keep or sell the car? Read what to do with the car when someone dies for the keep-or-sell decision, or see how to sell the car if you cannot find the title in Florida.
Official Florida Sources
Information current as of June 4, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
Need Help With the Full Estate?
Vehicle transfers are often just one part of settling an estate. See our related guides.
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