Can I Pay Off or Refinance My Deceased Parent’s Car Loan and Transfer the Title to Me During Florida Probate? | Florida Probate | FastCounsel
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Can I Pay Off or Refinance My Deceased Parent’s Car Loan and Transfer the Title to Me During Florida Probate?

Can I settle or refinance my parent’s car loan and get the title into my name during probate? - Florida

The Short Answer

Sometimes, yes—but typically only the court-appointed personal representative (executor) has clear legal authority to deal with a deceased person’s financed vehicle during probate. If you are not the personal representative, paying off or refinancing the loan can create title, lien, and reimbursement problems that are hard to unwind later.

Why You Should Speak with an Attorney

Even though Florida law gives the personal representative broad authority, applying it to a financed vehicle during probate can get complicated fast—especially if you want the title in your name while the loan is still being dealt with. Legal outcomes often depend on:

  • Who has authority: If you are not the appointed personal representative, the lender and the tax collector/DMV may refuse to work with you, and acting anyway can create disputes with other heirs.
  • Liens and payoff timing: A vehicle loan is a secured claim. Paying it off doesn’t automatically mean the title can be cleanly transferred to you without the right estate documentation and lien release handling.
  • Estate solvency and creditor issues: Florida title transfer shortcuts under § 319.28 can hinge on whether the estate is indebted/solvent and whether the facts fit the statute—getting this wrong can create personal risk and delay probate.

If your goal is to keep the car, refinance it, or ensure you’re reimbursed if you pay anything out-of-pocket, it’s worth having a Florida probate attorney structure it correctly so the lender, the estate, and the DMV paperwork all line up.

Related reading: Is a Vehicle Transferred Before Death Still Part of the Probate Estate in Florida? and Can I Drive a Deceased Relative’s Car Before Handling Florida Title/Probate Issues?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.