The Short Answer

In Florida, you usually cannot simply “remove” a deceased co-owner from a vehicle title without showing the DMV (FLHSMV) a legally recognized basis for the transfer—such as survivorship language on the title or probate/estate documentation. If the title does not clearly give you a right of survivorship, the deceased co-owner’s interest typically becomes part of their estate and may require probate (or a small-estate alternative) before you can retitle the vehicle in your name.

What Florida Law Says

Florida treats co-ownership and inheritance issues differently depending on how the ownership was titled and whether the deceased owner’s interest passes automatically to the survivor. If survivorship is not clearly created, Florida law generally treats co-owners as tenants in common—meaning the deceased owner’s share does not automatically become yours and instead passes through the estate.

The Statute

The primary law governing this issue is Fla. Stat. § 319.28.

This statute authorizes the Florida Department of Highway Safety and Motor Vehicles to issue a new certificate of title when ownership transfers “by operation of law” (including inheritance) once the applicant provides the prior title (or satisfactory proof) and the required estate-related documentation (such as affidavits and, in some cases, will/probate materials).

Another key rule is that survivorship between joint owners generally does not apply unless it is expressly provided for in the instrument creating the ownership. See Fla. Stat. § 689.15.

Why You Should Speak with an Attorney

Even though the DMV process can look like “just paperwork,” the hard part is proving who legally owns the deceased person’s share. Whether you can retitle the car without probate often turns on details that are easy to miss.

• Title wording matters: “AND” vs. “OR,” and whether survivorship is expressly created, can change whether the deceased owner’s interest passes to you automatically or to their estate under Fla. Stat. § 689.15.
• Probate vs. non-probate transfer: If the deceased co-owner’s share is an estate asset, FLHSMV typically wants documentation consistent with Fla. Stat. § 319.28—and the “right” documentation depends on whether there was a will, whether it was probated, and who the lawful heirs are.
• Debt/lien and estate-claim issues: If there’s a loan, the lender’s lien and payoff/assumption rules can complicate retitling. And if the estate has debts, a transfer that ignores estate administration can trigger disputes.

Because you are an ex (not a surviving spouse), you generally do not have automatic inheritance rights—so the legal basis for you taking full ownership must be clearly established. An attorney can quickly identify whether you have survivorship rights, whether probate is required, and what documentation will satisfy the DMV without creating future title problems.

If you’d like more background reading, see: Who can request a duplicate vehicle title after a co-owner dies in Florida? and How to transfer a titled mobile home/vehicle-style title through probate in Florida.

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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.