The Short Answer

In Florida probate, fairness usually starts with documenting the vehicle’s fair market value and making sure any distribution (whether someone keeps the car or it’s sold) is handled consistently with the will/trust and the personal representative’s fiduciary duties. Florida law requires the estate’s inventory to list assets with an estimated fair market value, and beneficiaries can request an explanation of how that value was determined.

What Florida Law Says

When a vehicle is part of a probate estate, the personal representative (executor) must identify it as an estate asset, protect it during administration, and ultimately distribute it according to the estate plan and Florida’s Probate Code. If the car is distributed “in kind” (meaning a beneficiary receives the actual car rather than cash), valuation matters because it affects whether each beneficiary is receiving the correct share.

The Statute

The primary law governing this issue is Fla. Stat. § 733.604.

This statute requires the personal representative to file a verified inventory listing estate property with reasonable detail and including each item’s estimated fair market value as of the date of death, and it gives beneficiaries the right (upon request) to receive a written explanation of how the inventory value was determined (or a copy of any appraisal).

Valuation also becomes especially important when the estate satisfies shares using non-cash assets. Florida specifically addresses valuation for in-kind distributions in Fla. Stat. § 733.810, which generally requires in-kind distributions to be made at fair market value (as of the distribution date in certain situations) and allows non-pro rata distributions subject to the fiduciary duty of impartiality.

For more background on the inventory process and what must be disclosed, see: What assets must be listed in a Florida probate estate inventory?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a specific vehicle and a specific estate plan is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The inventory must be filed, and if values are wrong or incomplete, amended inventories may be required—timing issues can create disputes and delay distributions. (See Fla. Stat. § 733.604.)
• Burden of Proof: If a beneficiary challenges the value or claims the distribution is unfair, the personal representative may need defensible support for the number used (and for why the distribution was impartial). Florida law allows beneficiaries to demand an explanation of the valuation method or a copy of an appraisal. (See Fla. Stat. § 733.604(3).)
• Exceptions and Title Issues: Whether the car is even a probate asset can depend on how it was titled (for example, survivorship ownership) and whether there are liens. If it is a probate asset, the personal representative’s fiduciary duties and authority to manage and distribute estate property can create liability if handled incorrectly. (See Fla. Stat. § 733.602.)

Trying to “keep it informal” can backfire—especially if one beneficiary wants the car, others want cash, or the value is disputed. A probate attorney can help structure a defensible valuation and distribution approach that reduces the risk of objections, surcharge claims, or court intervention.

You may also find helpful: Executor (personal representative) responsibilities during probate in Florida and What is the final accounting 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.