How Do I Document a Repossessed Vehicle During Probate in Florida? | Florida Probate | FastCounsel
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How Do I Document a Repossessed Vehicle During Probate in Florida?

How do I document a repossessed vehicle when settling a loved one’s estate? - Florida

The Short Answer

In Florida probate, a repossessed vehicle is typically handled by documenting it as an estate asset that was subject to a lien/secured loan and then updating the estate inventory if the repossession changes what the estate actually owns. The personal representative generally must file a verified inventory and later correct it if information changes or was incomplete.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Florida probate requires timely filings and corrections—if the inventory is incomplete or not updated after repossession, it can create disputes with beneficiaries and creditors and delay closing the estate (see the filing and amendment requirements in Fla. Stat. § 733.604).
  • Burden of Proof: You may need documentation showing the vehicle’s value as of the date of death, the loan payoff, the repossession date, and whether any “deficiency balance” remains as a claim against the estate.
  • Exceptions: Whether the vehicle was actually a probate asset can depend on title, co-ownership, beneficiary designations, or whether it was transferred before death—issues that can change what must be inventoried and who is responsible.

Because the personal representative is a fiduciary, mistakes in reporting assets and debts can expose you to objections, surcharge claims, or costly court involvement. A Florida probate attorney can help you document the repossession correctly, evaluate any remaining secured debt/deficiency claim, and keep the estate administration on track.

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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.