What Happens If Two People Own a Car And One Dies in Florida

When one co-owner of a motor vehicle titled in Florida dies, the transfer of ownership depends on how the names are joined on the certificate of title and whether the surviving owner or heirs can fulfill the requirements set by Florida law. Florida recognizes both joint tenancy with survivorship and tenancy in common for motor vehicles and provides pathways to transfer title either with or without formal probate proceedings.

Determine How the Names Appear on the Florida Car Title

The way co-owners' names are connected on the certificate of title determines the rights of the surviving owner and whether probate is required.

If the Title Shows Survivorship Language

When the names of two or more owners are joined by "or," the vehicle is held in joint tenancy. Each co-owner has the absolute right to dispose of the title and interest in the vehicle, and upon the death of a co-owner, the interest of the decedent passes to the survivor as though title was held in joint tenancy. This applies even if the co-owners are married. The surviving owner acquires the deceased owner's interest automatically by operation of law, and no probate is required. However, a new certificate of title must be obtained in the surviving owner's name.

If the Title Does Not Show Survivorship Language

When the names of two or more owners are joined by "and," both owners share equal responsibility for the vehicle. When one owner dies, the signature and action of each remaining co-owner, or the personal representative of the deceased owner, are required to transfer title to the vehicle. In such cases, the deceased owner's interest may become part of the estate, and the transfer may require probate unless the heirs meet the requirements for a transfer outside formal probate proceedings.

Florida Car Title Rules After One Owner Dies

Florida Statutes Section 319.28 provides that when a motor vehicle's ownership transfers by operation of law, such as upon inheritance, devise, or bequest, a new certificate of title may be issued to the applicant upon presentation of satisfactory proof of ownership and right of possession and payment of the applicable fee.

When a vehicle is titled with names joined by "or," the surviving co-owner automatically becomes the owner. The surviving owner must obtain a new certificate of title to reflect sole ownership.

For vehicles titled with names joined by "and," or in other circumstances where the deceased owner's interest passes through the estate, the transfer depends on whether the estate is probated and the value of the estate assets.

Does a Car Go Through Probate in Florida if One Owner Dies?

Depending on the form of title and the value of the estate, the vehicle may transfer outside of probate.

Joint ownership with "or" (joint tenancy with survivorship): When a vehicle is titled with names joined by "or," the surviving owner automatically inherits the vehicle by operation of law. No probate is required. The surviving owner needs only to obtain a new certificate of title.

Surviving spouse transfer (free title transfer): If a vehicle is titled in the names of both spouses and one spouse dies, the surviving spouse may request a free replacement title by completing the Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle (Form HSMV 82152). This simplified process does not require probate. An original or certified copy of the death certificate is mandatory, and a copy of the marriage certificate is required unless the surviving spouse's name is shown on the death certificate.

Transfer without probate for heirs: Under Florida Statutes Section 319.28, when an heir of a deceased owner applies for a certificate of title to a vehicle and the previous owner died intestate (without a will), it is not necessary to obtain an order from a probate court if the applicant files an affidavit stating that the estate is not indebted and the surviving spouse, if any, and the heirs have amicably agreed on a division of the estate.

When a previous owner died testate (with a will), the application may be accompanied by a certified copy of the will, if probated, and an affidavit stating that the estate is solvent and has sufficient assets to pay all claims. Alternatively, if the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted may be submitted.

Attorney-assisted transfer: If a deceased vehicle owner left a valid will and the application for title is made by and accompanied by an affidavit attested to by a Florida-licensed attorney in good standing, such an affidavit establishes a presumption of ownership and right of possession. It is not necessary for the application to be accompanied by a copy of the will or other testamentary instrument.

Probated estates: If the vehicle is part of a formal probate estate, the estate representative must provide letters testamentary or letters of administration from the probate court to transfer the title to the beneficiary or heir named in the will or entitled to inherit under Florida's intestacy laws.

How To Transfer a Car Title in Florida After a Co-Owner Dies

The process for transferring a Florida vehicle title after one co-owner dies depends on which path applies: surviving spouse, intestate heir, attorney-assisted, or probated estate.

General Process

For surviving spouse transfer (free title transfer):

• Verify that the vehicle is titled in both spouses' names.
• Obtain an original or certified copy of the death certificate.
• Obtain a copy of the marriage certificate (unless the surviving spouse's name appears on the death certificate).
• Complete Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle (Form HSMV 82152).
• Submit the form, death certificate, marriage certificate (if applicable), and current title to the local tax collector office or license plate agency.
• No title fee applies, but registration fees may apply based on the surviving spouse's birthdate and the order of names on the original title.
• The title will be issued free of charge; an expedited title fee of $10.00 applies if same-day service is requested.

For intestate heir transfer (without probate):

• Verify that the deceased owner died without a will.
• Obtain a certified copy of the death certificate.
• Obtain Application for Certificate of Motor Vehicle Title (Form HSMV 82040).
• Complete Section 13 of Form 82040 identifying the deceased and confirming intestacy (no will).
• Prepare an affidavit confirming that the estate is not indebted, all debts are paid or provided for, and the surviving spouse and heirs have agreed on the division of the estate.
• Have all heirs or their representatives (or just one heir if authorized) sign the affidavit and Form 82040.
• Submit the completed application, death certificate, affidavit, and current title to the local tax collector's office or license plate agency.
• Pay the applicable title transfer fee.

For testate heir transfer (without probate):

• Verify that the deceased owner left a valid will.
• Obtain a certified copy of the death certificate.
• Obtain a certified copy of the will (if probated) or a sworn copy of the will (if not probated).
• Obtain Application for Certificate of Motor Vehicle Title (Form HSMV 82040).
• Complete Section 13 of Form 82040 identifying the deceased and confirming testate status (with a will).
• Prepare an affidavit confirming that the estate is solvent with sufficient assets to pay all claims (if probated, confirmation of solvency is based on the probate court documents).
• The person named in the will as executor or the heir receiving the vehicle under the will must sign the affidavit and Form 82040.
• Submit the completed application, death certificate, will, affidavit, and current title to the local tax collector office or license plate agency.
• Pay the applicable title transfer fee.

For attorney-assisted testate transfer (without probate):

• Verify that the deceased owner left a valid will.
• Retain a Florida-licensed attorney in good standing with The Florida Bar to prepare and attest to an affidavit.
• Obtain a certified copy of the death certificate.
• Obtain Application for Certificate of Motor Vehicle Title (Form HSMV 82040).
• The attorney prepares an affidavit attesting that the rightful heir or heirs are lawfully entitled to ownership and possession of the vehicle and identifies the heirs.
• Submit the completed application, death certificate, attorney's affidavit, and current title to the local tax collector's office or license plate agency.
• No copy of the will is required when an attorney's affidavit is submitted.
• Pay the applicable title transfer fee.

For probated estates:

• Obtain letters testamentary (if there is a will) or letters of administration (if intestate) from the probate court in the appropriate Florida county.
• Obtain a certified copy of the death certificate.
• Obtain Application for Certificate of Motor Vehicle Title (Form HSMV 82040).
• The personal representative (executor or administrator) completes the application and signs it as the applicant.
• Submit the completed application, death certificate, letters from the probate court, and current title to the local tax collector's office or license plate agency.
• Pay the applicable title transfer fee.

Applicable Fees

Title fees are set by Florida law and are uniform statewide. The following table lists the most common fees for vehicle title transfer and related services in Florida:

Registration fees also apply and depend on the vehicle type, weight, and the registered owner's date of birth. For information on specific registration fees, contact the local tax collector office or license plate agency in the county where the surviving owner or heir resides.

Surviving Spouse

Florida provides a streamlined, no-fee title transfer process for surviving spouses. If a title is in the name of the deceased spouse, the surviving spouse may choose to request a free title replacement if the sole change is to change the ownership of the motor vehicle from the name of the deceased spouse to the surviving spouse.

To obtain this free replacement title, the surviving spouse must complete Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle (Form HSMV 82152) and submit it to the local tax collector office or license plate agency along with an original or certified copy of the death certificate and proof of identity (driver license, identification card, or valid passport). A marriage certificate is also required unless the surviving spouse's name is shown on the death certificate.

If the surviving spouse wishes to receive the title the same day, an expedited title fee of $10.00 applies. No title fee is charged for the replacement title; however, registration fees resulting from the title change will apply and vary based on the surviving spouse's date of birth and the order of names on the original title.

Documents Needed to Transfer a Florida Car Title After Death

The documents required depend on the transfer method used. All documents must be original or certified copies; photocopies are generally not accepted for probate-related documents.

Common Documents

For all transfers:

• Current Florida certificate of title
• Certified copy of death certificate
• Valid photo identification (driver's license, identification card, or passport) of the person applying for the new title
• Proof of Florida liability insurance (or copy of current registration card if vehicle will not be driven before title transfer)

For surviving spouse transfer:

• Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle (Form HSMV 82152)
• Original or certified copy of death certificate
• Copy of marriage certificate (unless the surviving spouse's name is on the death certificate)

For intestate heir transfer (without probate):

• Application for Certificate of Motor Vehicle Title (Form HSMV 82040)
• Certified copy of death certificate
• Affidavit stating that the estate is not indebted, all debts are paid or provided for, and the surviving spouse and heirs have agreed on the division of the estate
• Signatures of all heirs or authorized heir representative on the affidavit and application

For testate heir transfer (without probate):

• Application for Certificate of Motor Vehicle Title (Form HSMV 82040)
• Certified copy of death certificate
• Certified copy of will (if probated) or sworn copy of will (if not probated)
• Affidavit stating that the estate is solvent with sufficient assets to pay all claims
• Signature of executor or heir on affidavit and application

For attorney-assisted testate transfer (without probate):

• Application for Certificate of Motor Vehicle Title (Form HSMV 82040)
• Certified copy of death certificate
• Affidavit prepared and attested by a Florida-licensed attorney in good standing, identifying the rightful heirs and their entitlement to the vehicle
• No copy of a will is required

For probated estates:

• Application for Certificate of Motor Vehicle Title (Form HSMV 82040)
• Certified copy of death certificate
• Letters testamentary (if the deceased had a will) or letters of administration (if the deceased had no will) from the probate court
• Current certificate of title

What if There Is a Loan on the Car?

If the vehicle is encumbered by a loan, a lien is recorded on the certificate of title in the name of the lienholder (bank, dealership, or other creditor). When applying for a new certificate of title after one co-owner's death, the name and address of the lienholder must be included on the application and must match exactly the information shown on the current title.

The surviving owner, heir, or estate representative must contact the lienholder to obtain the current mailing address and any required documentation showing the lien. All documents submitted to the tax collector's office or license plate agency should include the lien information so the ownership transfer and lien can be reviewed together and a corrected title issued.

The lien on the vehicle remains in effect and must be satisfied in accordance with the terms of the loan agreement. If the vehicle is transferred to a surviving owner or heir, that person assumes responsibility for the outstanding loan balance unless other arrangements are made with the lienholder. The lien will be released and the title corrected only when the loan is paid in full and the lienholder provides a lien satisfaction to the Department of Highway Safety and Motor Vehicles.

Contact Information

Florida Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, 2900 Apalachee Parkway, MS 58, Tallahassee, FL 32399
Phone: (850) 617-2000
Official Website: Department of Highway Safety and Motor Vehicles