The Short Answer

If the original Florida vehicle title is missing and you only have copies from the dealership, you typically must obtain a duplicate title before the vehicle can be properly transferred or sold. When the titled owner has died, the “right person” to request that duplicate (and then transfer the vehicle) often depends on whether a probate case is required, whether there is a surviving co-owner, and what the DMV records show.

What Florida Law Says

In Florida, a missing title is not solved by dealership paperwork alone. State law allows the owner (or lienholder) to request a replacement title when the original is lost or unavailable. In an estate situation, the key legal issue becomes who is authorized to act for the deceased owner—because the DMV generally will not accept “copies” as a substitute for legal authority.

The Statute

The primary law governing replacement titles for motor vehicles is Fla. Stat. § 319.29.

This statute establishes that when a certificate of title is lost or destroyed, the owner (or lienholder) may apply for a duplicate title on the state’s form, signed and sworn to, and the replacement title will be marked as a duplicate.

Separately, if the estate is small enough, Florida probate law may allow certain personal property to be transferred without opening a full probate administration. The statute commonly used for that is Fla. Stat. § 735.301 (Disposition without administration), which can authorize transfer of a decedent’s personal property in qualifying cases.

Related reading: transferring a deceased spouse’s vehicle title in Florida and whether a copy of a death certificate works for a title transfer.

Why You Should Speak with an Attorney

Even though Florida law provides a path to replace a lost title, estate-related vehicle transfers can become complicated quickly—especially when you only have copies of dealership paperwork, the key is missing, and the titled owner is deceased. Legal outcomes often depend on:

• Strict Deadlines: If you need to use a small-estate shortcut, eligibility can depend on the type/value of assets and whether certain expenses (like funeral and last-illness bills) fit within the statutory limits under Fla. Stat. § 735.301.
• Burden of Proof: The DMV and third parties usually require proof of authority (for example, a court authorization, or probate documents) before they will issue or accept a duplicate title request tied to a deceased owner—copies of dealership paperwork often aren’t enough.
• Exceptions: Co-ownership, liens, and mismatches between what the family believes and what the DMV shows (name spelling, address, lien status) can change who can sign and what documentation is required. If the wrong person signs or the wrong process is used, the transfer can be rejected or later challenged.

In your situation (surviving spouse, missing key/title, only copies in the file, and mixed “original vs. copy” vital records), an attorney can quickly determine whether you need a probate filing, a court authorization under small-estate procedures, or other documentation to get the title issue resolved without creating delays or liability.

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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.