What steps do I take to get vehicle title history from the DMV for probate? - Florida
The Short Answer
In Florida, you can usually obtain limited vehicle title-history information online by searching the VIN through the state’s title history database. For probate purposes, however, estates often need more than the public-facing data, and the DMV (and related offices) may require proof of authority (such as Letters of Administration or other probate documentation) before releasing records or allowing title actions.
What Florida Law Says
Florida law directs the Department of Highway Safety and Motor Vehicles (DHSMV) to provide an internet-accessible title transaction database searchable by VIN, but the information available through that database is limited. Separately, when a vehicle is being handled after a death (inheritance/devise/bequest), Florida law allows transfer of ownership “by operation of law,” typically requiring the prior title (if available) or other satisfactory proof of ownership and right of possession, along with an application and required fees.
The Statute
The primary law governing this issue is Fla. Stat. § 319.41.
This statute establishes that DHSMV must make an online title-history database available by VIN, but it limits what the public can see to items like the vehicle’s year/make/model, mileage, dates of sales, and any brands or outstanding liens.
For probate-related title issues (including vehicles titled solely in the decedent’s name), Florida’s “operation of law” transfer rules are often implicated. See Fla. Stat. § 319.28, which addresses transfers upon inheritance/devise/bequest and the types of proof DHSMV may require.
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: Title-related transactions and estate administration tasks can be time-sensitive, and delays can create problems if a vehicle must be sold, insured, or moved while probate is pending.
- Burden of Proof: The DMV may require “satisfactory proof” of ownership and right of possession when the prior title cannot be surrendered or when the estate needs records beyond the limited online database. See Fla. Stat. § 319.28.
- Exceptions: Joint titling and lien issues can change whether a vehicle is a probate asset at all, what documentation is required, and who must sign—mistakes can trigger rejection by the tax collector/DHSMV or disputes among heirs.
Trying to handle this alone can lead to rejected requests, delays in the inventory phase, or problems transferring or selling vehicles—especially when multiple vehicles, liens, and mixed sole/joint ownership are involved.
Get Connected with a Florida Attorney
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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.