The Short Answer

In Florida, a deceased parent’s vehicle can often be transferred to an heir or beneficiary as a transfer “by operation of law,” but the documents you need depend on whether there is a will, whether probate is opened, and whether the estate has debts or disputes. If the title cannot be properly supported with the right proof of inheritance/authority, the Florida DHSMV can refuse to issue a new title.

What Florida Law Says

Florida law allows the Department of Highway Safety and Motor Vehicles (DHSMV) to issue a new certificate of title when ownership passes by inheritance, devise, or other legal events—so long as the applicant can surrender the prior title (or provide satisfactory proof of ownership and right of possession) and submit a title application and required fees. When the owner died without a will (intestate), Florida law can allow an heir to apply without a probate court order if specific sworn statements about debts and agreement among heirs are provided; when the owner died with a will (testate), additional proof tied to the will is typically required.

The Statute

The primary law governing this issue is Fla. Stat. § 319.28.

This statute establishes that when a vehicle’s ownership transfers by operation of law (including inheritance or under a will), DHSMV may issue a new title upon surrender of the prior title (or satisfactory proof of ownership/right of possession) and submission of an application and fees, with specific affidavit-based options in certain heir/surviving-spouse situations.

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 transfers often become urgent when the vehicle must be sold, insured, or removed from storage—delays can create added costs and complications, and DHSMV will require the transfer to be properly supported before issuing a new title.
• Burden of Proof: If you cannot surrender the prior title, or if there are multiple heirs, liens, or conflicting claims, you may need stronger “satisfactory proof” of ownership and right of possession under the statute to avoid a rejected application.
• Exceptions: The documentation differs depending on whether your parent died intestate vs. testate, whether the will is being probated, whether the estate is solvent/not indebted, and whether all heirs agree—issues that can trigger the need for probate court involvement or additional sworn statements.

Trying to handle this alone can lead to procedural errors or dismissal/denial of the title transfer, especially if there are debts, disagreements among family members, or questions about the will.

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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.