The Short Answer

In Florida, you can often transfer a deceased person’s vehicle without a full probate order, but the DMV/tax collector typically requires reliable proof of death and your legal right to the vehicle. A plain photocopy may or may not be accepted depending on the office and the transfer method—so it’s common to need a certified copy of the death certificate rather than an informal copy.

What Florida Law Says

Florida law allows a vehicle title to be transferred “by operation of law” after an owner’s death (for example, through inheritance), as long as the applicant provides the prior title or, if that’s not possible, “satisfactory proof” of ownership and the right to possess the vehicle. In many situations, an heir or surviving spouse can use affidavits and supporting documents instead of a probate court order—especially when the estate is not indebted and the family agrees on the distribution.

The Statute

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

This statute establishes that Florida may issue a new title after a death-based transfer when the applicant surrenders the prior title (or provides satisfactory proof if the title is missing) and, in certain heir/surviving-spouse situations, affidavits can substitute for a probate court order.

Why You Should Speak with an Attorney

What makes your situation harder is that you’re dealing with multiple missing or incomplete documents (missing title, missing key, and only copies of paperwork). Even though the statute provides a path, the DMV’s “satisfactory proof” requirement is fact-specific, and the wrong approach can delay the transfer or force you into a more formal probate process.

• Strict documentation standards: When the original title is missing, you may need a duplicate-title route and sworn paperwork. Florida’s duplicate-title statute is Fla. Stat. § 319.29, and it can be difficult to use if the titled owner is deceased.
• Burden of proof: You may need to prove (1) death, (2) who is legally entitled to act, and (3) that there are no competing heirs/claims—especially if the vehicle was used for business or there may be liens.
• Exceptions and probate overlap: If there are debts, disputes among heirs, a will, or uncertainty about ownership, the “affidavit instead of probate order” approach under Fla. Stat. § 319.28 may not fit. In those cases, a probate administration (or another court procedure) may be required.

If you want a deeper overview of the vehicle-transfer options, you may find this helpful: How can a surviving spouse transfer a deceased spouse’s vehicle title in Florida?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to review what you have (death certificate copy, marriage certificate, business paperwork) and determine the cleanest way to transfer or replace the title without triggering avoidable delays.

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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.