The Short Answer

In Florida, there is not one universal “beneficiary assignment” DMV form that fits every probate scenario. For an inherited vehicle, the DMV typically relies on the probate authority document (often an Order of Summary Administration) and/or an affidavit that establishes who is entitled to the vehicle under Florida law.

For testate estates (with a will), Florida law also allows a Florida attorney’s affidavit to serve as proof of the rightful heir(s) for title issuance in certain situations—often resolving the “DMV doesn’t have a form” problem.

What Florida Law Says

Florida treats inherited vehicle title changes as a “transfer of ownership by operation of law.” The Department of Highway Safety and Motor Vehicles (DHSMV) can issue a new title when the applicant provides the prior title (or satisfactory proof), pays the required fees, and shows legal entitlement to the vehicle.

The Statute

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

This statute establishes that DHSMV may issue a new certificate of title for a vehicle transferred by inheritance/devise/bequest when the applicant provides the prior title (or satisfactory proof) and documentation showing ownership and right of possession. It also describes affidavit-based options depending on whether the decedent died intestate or testate, including an attorney-attested affidavit pathway for testate estates. See § 319.28(1)(b)–(c).

Because your facts involve a will and summary administration, the probate order itself is often the cleanest “estate authority document.” Under Florida’s summary administration statute, an Order of Summary Administration entitles the recipients to receive and have assets transferred to them. See Fla. Stat. § 735.206.

Key point for “assigning” beneficiary interests: Florida vehicle title law focuses on proving who has the right to title and possession. If multiple beneficiaries inherited the vehicle, the DMV commonly wants documentation showing (1) who inherited under the will/probate order and (2) that the other beneficiaries have transferred/assigned their interests to the person applying for title (often via a notarized assignment/affidavit prepared to satisfy § 319.28’s “satisfactory proof” requirement).

For more background, you may also find helpful: transferring a deceased parent’s vehicle when paperwork is complicated.

Why You Should Speak with an Attorney

Even though the statutes provide a path, inherited-vehicle title issues often get stuck at the DMV because the facts don’t match the DMV clerk’s checklist—especially when beneficiaries live in different states and the title was never updated after probate.

• Strict Documentation Requirements: Under Fla. Stat. § 319.28, DHSMV can demand “satisfactory proof” of ownership/right of possession when the prior title alone isn’t enough—what is “satisfactory” can vary by office and fact pattern.
• Burden of Proof (and Consistency): If the will, the summary administration order, and the proposed beneficiary assignment don’t line up perfectly (names, VIN, shares, or whether the car was actually listed/distributed), the transfer can be rejected.
• Exceptions and Liability Issues: Summary administration recipients can have ongoing exposure for creditor issues in certain circumstances, and the order’s language matters. See Fla. Stat. § 735.206.

A Florida probate attorney can review the summary administration order and will, identify the cleanest statutory route (including whether an attorney affidavit under § 319.28(1)(c) is appropriate), and prepare a DMV-ready package that reduces the risk of repeated rejections.

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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.