The Short Answer

In Florida, a child generally does not have an automatic right to a vehicle that is titled in the surviving spouse’s name—especially if the vehicle was not “held in the decedent’s name” at death. Even when a vehicle qualifies as probate “exempt property,” it is typically protected from most creditor claims, but it can still remain subject to a valid lien or other perfected security interest.

What Florida Law Says

Florida probate law gives the surviving spouse priority to claim certain “exempt property” from the decedent’s estate. Only if there is no surviving spouse do the decedent’s children step into that exempt-property right. For vehicles, the statute is also very specific: the exempt motor vehicle(s) must be held in the decedent’s name and regularly used as a personal vehicle by the decedent or immediate family.

The Statute

The primary law governing this issue is Fla. Stat. § 732.402.

This statute establishes that the surviving spouse (or, if none, the children) may claim certain exempt property—including up to two qualifying motor vehicles held in the decedent’s name—and that exempt property is generally exempt from creditor claims except for perfected security interests.

Why You Should Speak with an Attorney

What makes your question legally sensitive is the combination of (1) title ownership (now in the surviving spouse’s name) and (2) a deficiency judgment (which may or may not be enforceable against the vehicle, depending on who owes it and whether there is a lien). Whether your child has any enforceable claim can turn on details that are easy to miss but decisive in probate litigation.

• Strict Deadlines: Rights to exempt property can be waived if not raised on time. Under Fla. Stat. § 732.402, the petition deadline is tied to service of the Notice of Administration and other probate events.
• Burden of Proof: If the issue is whether the car was truly a decedent-owned asset (or was transferred appropriately), proving the ownership history and the nature of the transfer can require documentation and sworn evidence.
• Exceptions (Secured vs. Unsecured Claims): Even when property is “exempt,” the statute expressly preserves perfected security interests. A deficiency judgment may be unsecured, but an auto lender’s lien is secured—sorting out what attaches to the vehicle versus what is merely a collectible judgment is a legal analysis, not a guess.

If your goal is to protect your child’s inheritance rights (or confirm there are none), it’s worth having a Florida probate attorney review the title history, the probate filings, and the judgment paperwork before positions harden and deadlines pass.

For more background, you may also find these helpful: Florida spousal/family allowance and set-asides and vehicle title transfers in Florida probate.

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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.