A car that was titled only in the name of someone who died in Florida is a probate asset, but in most families it never needs a probate case of its own. Florida gives heirs a way to retitle the car at the county tax collector’s office without a court order, under Fla. Stat. §319.28(1)(b), as long as the estate owes no debts and the heirs agree on who takes it. A car titled to two people joined by “or” passes to the survivor automatically, and a surviving spouse can remove a deceased spouse from a jointly held title with no title fee using form HSMV 82152.
What decides the answer is the exact wording on the certificate of title, whether the estate owes money, and whether a probate case is open anyway for other assets. One point surprises many families: Florida has no transfer-on-death beneficiary designation for a car title. The planning tools that do work are co-ownership with “or,” a life estate title with a named remainder person, and a revocable trust.
Key Takeaways
- A car titled in the decedent’s name alone is a probate asset, but Fla. Stat. §319.28(1)(b) lets heirs retitle it without a probate court order when the estate is not indebted and the heirs agree on the division.
- Co-owners joined by “or” hold the car in joint tenancy under §319.22(2)(a)1.a., so the survivor takes it on the other owner’s death. Co-owners joined by “and” need every owner’s signature, or the personal representative’s, unless the title adds “with rights of survivorship.”
- Florida has no transfer-on-death car title. Chapter 319 contains no beneficiary designation for vehicles. The Department’s procedure manual does recognize a life estate title with a named remainder person.
- A surviving spouse can use form HSMV 82152 to take a deceased spouse off a two-name title with no title or service fee under §319.32(7). An expedited title costs $10.
- Up to two personal-use cars of 15,000 pounds gross vehicle weight or less can be exempt property under §732.402, shielded from creditors except for a perfected lien, if the spouse or children claim the exemption in time.
Start With the Title: The Wording Decides the Route
Before anyone calls a lawyer, a tax collector, or a dealer, find the certificate of title, or print it if it is held electronically. The names on it, and the small word between them, decide which of several routes applies. Florida’s motor vehicle title law treats the connecting word as a legal instruction, not a formality.
Under Fla. Stat. §319.22(2)(a)1.a., when a vehicle is registered to two or more people “in the alternative by the use of the word ‘or,'” the vehicle is held in joint tenancy, and “upon the death of a co-owner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle or mobile home was held in joint tenancy.” The statute adds that this applies even if the co-owners are husband and wife. Section 319.22(2)(a)1.b. takes the opposite approach for “and”: when co-owners are joined “in the conjunctive by the use of the word ‘and,’ the signature of each co-owner or his or her personal representative shall be required to transfer title.”
The Department of Highway Safety and Motor Vehicles (FLHSMV) spells out how its offices apply those rules in procedure TL-18, the chapter of its Motor Vehicle Procedure Manual that covers titles where an owner has died. TL-18 treats a married couple joined by “and” as tenants by the entirety, so the surviving spouse can sign the title alone with a copy of the death certificate. It treats “and” plus the words “with rights of survivorship” as giving the surviving co-owner all rights to the vehicle, married or not. Unmarried co-owners joined by plain “and” are different: the deceased co-owner’s share belongs to that person’s estate or heirs.
| How the title reads | Who takes the deceased owner’s interest | Probate needed for the car? |
|---|---|---|
| Decedent’s name only | The estate, then the heirs or will beneficiaries | Often no, if §319.28(1)(b) applies; yes if the estate is administered or owes debts |
| Two names joined by “or” | The surviving co-owner, §319.22(2)(a)1.a. | No |
| Married couple joined by “and” | The surviving spouse (tenancy by the entirety, per TL-18) | No |
| “And” plus “with rights of survivorship” | The surviving co-owner, married or not (TL-18) | No |
| Unmarried co-owners joined by “and” | The deceased co-owner’s estate or heirs, alongside the survivor | Sometimes; the decedent’s share follows the sole-owner routes |
| Life estate with a named remainder person | The remainder person (TL-18, section K) | No |
| Name of a trust or its trustee | The successor trustee, under the trust terms (TL-18, section J) | No |
Why Florida Has No Transfer-on-Death Car Title
Many websites, and an earlier version of this article, describe a transfer-on-death registration for Florida vehicles. Florida law does not provide one. Chapter 319, which governs Florida certificates of title, contains no transfer-on-death or beneficiary provision for motor vehicles, and FLHSMV has no form to create one. Florida does allow transfer-on-death registration of securities and brokerage accounts under the Florida Uniform Transfer-on-Death Security Registration Act, §§711.50 to 711.512, and pay-on-death designations on bank accounts under §655.82. Neither reaches a car title.
That gap matters for planning, because a family that assumes a beneficiary designation exists may do nothing and leave the car in one name. What Florida offers instead are three title structures that each move the car without probate.
The first is co-ownership with “or,” covered above. It works, but it gives the co-owner a present, absolute right: §319.22(2)(a)1.a. provides that each “or” co-owner “shall be deemed to have granted to the other co-owner the absolute right to dispose of the title.” The co-owner can sell the car tomorrow without asking.
The second is a life estate title. TL-18, section K, provides that “a Certificate of Title may be issued with ‘Life Estate’ after the name of an individual who has executed a will or legal instrument creating a life estate.” The life estate owner keeps legal ownership for life, and the remainder person named in the instrument takes ownership afterward. The manual’s example shows the owner with “(Life Estate)” after the name and a second person listed as the remainder person. When the life estate owner dies, the remainder person applies for a title in his or her own name on HSMV 82040 with the prior title, or an affidavit that it is lost, and a copy of the death certificate. This is the closest Florida comes to a transfer-on-death car title, and it is a Department procedure rather than a statute, so it is worth confirming with the tax collector’s office before relying on it.
The third is titling the car in a revocable trust. When the trustee dies, TL-18 lets the successor trustee transfer the title with a copy of the death certificate and three pages of the trust agreement: the first page, the page naming the trustee and successor trustee, and the page bearing the creator’s signature.
Retitling a Car Without Probate Under §319.28
Section 319.28 governs every transfer of a vehicle “by operation of law as upon inheritance, devise or bequest.” Its paragraph (1)(b) is the provision most Florida families use, because it removes the need for a probate court order when the conditions are met.
If the owner died without a will, the statute says “it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate.” If the owner left a will, the application needs “a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims,” or, if the will is not being probated, “a sworn copy of the will and an affidavit that the estate is not indebted.”
In practice the heirs use the Department’s form HSMV 82040, the Application for Certificate of Motor Vehicle Title, which has a section titled “Release of Spouse or Heirs Interest.” Each person signing states that the decedent died on a given date, checks whether the decedent died testate or intestate, and releases “all of his/her/their right, title, interest and claim as heir(s) at law, legatee(s), devisee(s), or otherwise” to the applicant. TL-18 lists what else the tax collector’s office will ask for:
| Item | Detail |
|---|---|
| Certificate of title | The decedent’s Florida title, left blank, or an affidavit on HSMV 82040 that it is lost or destroyed. An electronic title need not be printed for this route. |
| HSMV 82040 | Release of heirs section signed by all heirs, and the rest of the form completed by the heir or heirs taking title |
| Death certificate | A photocopy |
| Will | A photocopy, if there is one |
| Lien satisfaction | For any lien shown on the vehicle record |
| Sales tax information | Or the exemption claimed, on HSMV 82040 |
| License plate | A plate transferred or purchased, or a non-use affidavit |
| Fees | Title fees |
Two refinements save time. First, when the owner died testate, §319.28(1)(c) lets a Florida-licensed attorney in good standing sign an affidavit identifying the rightful heir or heirs and attesting that they are lawfully entitled to the vehicle. That affidavit establishes “a presumption of ownership, absent information received to the contrary,” and the will itself need not be attached. Second, §319.28(1)(d) lets a surviving spouse who would take the car under paragraph (b) sell it directly, assigning the decedent’s own title to the buyer, rather than first retitling it into the spouse’s name.
The conditions are real. The affidavit is sworn, so “not indebted” has to be true, and every heir has to agree. If a creditor is owed, if an heir objects, or if a probate case is already open, this route is the wrong one. Sort out the rest of the estate first, because the car usually follows whatever route the other assets take.
The Surviving Spouse Route and Form HSMV 82152
When a car is titled in the names of a married couple and one spouse dies, the surviving spouse has the simplest path of anyone. Form HSMV 82152, the Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle, exists for exactly this situation, and it is handled at the local tax collector office or license plate agency.
The form cites Fla. Stat. §319.32(7), which bars the Department and tax collectors from charging “any fee or service charge, except for the expedited title fee, if applicable,” for a title issued “solely to remove a deceased co-owner from a title registered in the names of two persons if the other co-owner is the surviving spouse,” or “to issue a certificate of title solely to change the ownership of a motor vehicle from a deceased spouse’s name to the surviving spouse’s name.” According to the form and TL-18, the surviving spouse brings:
- An original or certified copy of the death certificate.
- A copy of the marriage certificate, unless the surviving spouse’s name appears on the death certificate.
- Proof of identity: a valid driver license or identification card from any state, or a valid passport.
An expedited title costs $10. The no-fee rule covers the title only. The form warns that registration fees are separate and will be due at the time of transfer unless the surviving spouse signs a non-use certification that the vehicle will not be driven on Florida roads until it is registered. TL-18 adds two limits: a name cannot be added to the title, and a lien cannot be added, during a surviving spouse transfer. A spouse who wants to add an adult child as a co-owner does that in a separate transaction afterward.
If the car was in the deceased spouse’s name alone and no probate is open, TL-18 lets the surviving spouse either sign the “Transfer of Title by Seller” section directly to a buyer, who may be the spouse, or complete the release of heirs section on HSMV 82040 when the title is not available. The spouse does not have to take title personally before selling. That is the §319.28(1)(d) shortcut in operation.
Cars as Exempt Property Under §732.402
Separate from the title question is a protection question: can creditors of the estate reach the car? Florida’s exempt property statute answers that for most family vehicles. Fla. Stat. §732.402(2)(b) designates as exempt property “two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles.”
Four features of that language matter. The right belongs to the surviving spouse, or if there is none, the decedent’s children, and only if the decedent was domiciled in Florida. The cars must have been in the decedent’s name. They must have been regularly used as personal vehicles, so a work truck or a collector car kept in storage may not qualify. And under §732.402(3), exempt property is “exempt from all claims against the estate except perfected security interests thereon,” so the lender on a financed car still gets paid.
The exemption is not automatic. Section 732.402(6) says the people entitled to it are deemed to have waived it unless a petition for determination of exempt property is filed on or before the later of 4 months after service of the notice of administration or 40 days after any will contest or similar proceeding ends. A car specifically left to someone in the will is not included in exempt property, under §732.402(5), although that person can ask the court to treat it as exempt from claims.
Exempt status also feeds the small-estate procedures. Florida’s disposition without administration under §735.301 is available when the decedent left only §732.402 exempt property, constitutionally exempt property, and nonexempt personal property worth no more than preferred funeral expenses plus reasonable medical and hospital expenses of the last 60 days of the last illness. For an intestate estate where the decedent has been dead more than 1 year and nothing is pending, §735.304 adds $20,000 to that allowance, a figure raised from $10,000 by Chapter 2026-57, Laws of Florida, effective July 1, 2026. Our guide to what assets are exempt from probate in Florida walks through the full list.
When the Car Goes Through Probate
Some cars do go through the court. That happens when a formal administration is open anyway, when the estate owes debts the affidavit route cannot honestly deny, when heirs disagree, or when the car is valuable enough that selling it is part of paying the estate’s bills. In those cases the car simply becomes one of the assets the personal representative manages.
In a formal administration, TL-18 section A has the personal representative sign the “Transfer of Title by Seller” section of the title as seller for the estate. The assignment “may be to anyone or to the ‘Estate of (Name of the Deceased),'” and the tax collector’s office will want a photocopy of the letters of administration, any lien satisfactions, the sales tax information, and title fees. Where the letters name two or more personal representatives, a majority of them must sign, “even if the names are joined by ‘or,’ unless the Will specifies otherwise,” a rule drawn from §733.615.
In a summary administration, which is available in 2026 when the Florida estate less creditor-exempt property does not exceed $150,000 under §735.201(2), there is no personal representative. The court’s order names who receives each asset. TL-18 section D requires the person named in the order to have a certificate of title issued in his or her own name before selling the car, “even if the Order states ‘To dispose of as they see fit,'” and to bring a photocopy of the order with HSMV 82040. The same applies to an order setting aside exempt property or a letter issued under seal of the court in a disposition without administration.
A practical sequence for a personal representative handling a car:
- Secure the car and the keys, keep it insured, and stop anyone from driving it who is not covered.
- Locate the title, or order a duplicate in the decedent’s name on form HSMV 82101 with a copy of the letters, as TL-18 directs when the title is missing.
- Get a value from a pricing guide or an appraisal for the inventory.
- Check for a lien and contact the lender.
- Decide with the beneficiaries whether the car will be distributed or sold, then sign the title with a copy of the letters.
Car Loans, Boats, and Out-of-State Titles
A car with a loan. The lien survives the owner’s death. Exempt property status does not defeat “perfected security interests,” so the lender can still repossess if payments stop. TL-18 lists a personal representative, a surviving spouse, or all of the heirs as people who can deal with a lien where the lienholder is the one who died. When the owner died, the family’s choice is usually to keep paying, pay off the loan, or sell the car and satisfy the lien from the proceeds.
Boats. Florida titles vessels on a separate application, form HSMV 82040 VS, and TL-18 applies the same death-transfer procedures to them. The §732.402 exemption, though, covers motor vehicles as defined in §316.003, which defines a vehicle as a device that transports people or property “upon a street or highway.” Our reading is that a boat falls outside the two-vehicle exemption, so it is treated like other personal property for creditor purposes.
| Vehicle | Death-transfer procedure | Two-vehicle exemption, §732.402(2)(b) |
|---|---|---|
| Personal car, SUV, or pickup | HSMV 82040 (or 82152 for a spouse) | Yes, if regularly used by the family and 15,000 lb or less |
| Financed car | Same, plus lien satisfaction or payoff | Yes, but the lender’s perfected lien survives |
| Boat | HSMV 82040 VS | Our reading: no, a boat is not a street or highway vehicle |
| Mobile home | HSMV 82040 MH; no non-use affidavit | Not a personal motor vehicle; treat as other property |
| Vehicle titled to a business | Stays with the business | Not held in the decedent’s name |
Mobile homes. Section 319.28 applies equally to motor vehicles and mobile homes, and TL-18 covers both, with one difference: a non-use affidavit is not acceptable for a mobile home.
Out-of-state titles. When the decedent’s car carries another state’s title, TL-18 section I applies the same Florida methods above, and the applicant completes HSMV 82040 as well. If the out-of-state title is lost and the estate was not administered, the heirs sign an affidavit saying so, and TL-18 requires it to be accompanied by verification of ownership and lien status from the motor vehicle agency of the state where the car was last titled. If the estate was administered, the personal representative applies to that state for a duplicate title.
A car titled in a business name. A vehicle owned by the decedent’s company is not the decedent’s to transfer at all. It stays with the business, and whoever controls the business after the death decides what happens to it.
Planning Ahead: Keeping Your Own Car Out of Probate
For someone planning their own estate, the car is usually the easiest asset to handle, because the §319.28 affidavit already keeps most cars out of court. Planning matters most when there are several heirs who may not agree, when the estate may owe debts, or when a single person should receive a specific car. These are the tools that actually work in Florida.
| Option | How it works | Trade-off |
|---|---|---|
| Co-owner with “or” | Survivor takes the car automatically, §319.22(2)(a)1.a. | The co-owner can sell the car now without the owner’s consent |
| Married couple, “and” | Surviving spouse takes it as tenant by the entirety | Only for spouses; both must sign to sell during life |
| Life estate with remainder person | Remainder person takes the car at the owner’s death (TL-18, section K) | A Department procedure, not a statute; confirm with the tax collector first |
| Revocable trust | Successor trustee transfers under the trust terms (TL-18, section J) | Requires a trust, and retitling each car into it |
| Will with a specific gift | Directs who receives the car | Still passes through the estate; used with §319.28 or probate |
A will does not avoid the transfer process, but it prevents arguments. Florida also lets a will refer to a separate signed list of tangible personal property. Under §732.515, that writing “must be signed by the testator and must describe the items and the devisees with reasonable certainty,” and it “may be prepared before or after the execution of the will.” A list naming who gets the truck and who gets the convertible can settle the question without a new will each time a car is replaced.
Adding a child as an “or” co-owner is common and often fine, but weigh it. The child’s creditors and the child’s own decisions reach the car immediately, and a co-owner who is a new driver can affect insurance. For a household with several vehicles and a revocable trust already in place, titling the cars in the trust keeps every asset on one plan. For help putting that plan in place, see our trust creation and probate services.
For most Florida families the car is not the reason a probate case is opened. It follows whatever route the rest of the estate takes, and if nothing else requires the court, the heirs’ affidavit at the tax collector’s office usually finishes the job. If a creditor, a disagreement, or a larger estate makes the court necessary, the personal representative or the court order moves the car along with everything else.
Frequently Asked Questions
Does a car have to go through probate in Florida?
Usually not. A car titled with a co-owner joined by “or,” a spouse, a survivorship co-owner, a remainder person, or a trust passes without probate. A car in the decedent’s name alone is a probate asset, but Fla. Stat. §319.28(1)(b) lets heirs retitle it at the tax collector’s office without a court order if they swear the estate is not indebted and they agree on the division. Probate is needed for the car when a case is open anyway, when the estate owes debts, or when the heirs disagree.
Can I put a transfer-on-death beneficiary on my Florida car title?
No. Chapter 319 of the Florida Statutes has no transfer-on-death or beneficiary designation for vehicle titles. The alternatives are a co-owner joined by “or,” which passes the car to the survivor under §319.22(2)(a)1.a.; a life estate title with a named remainder person, which the FLHSMV procedure manual TL-18 recognizes; or titling the car in a revocable trust.
What form do I use to transfer a car title after a death in Florida?
Most transfers use form HSMV 82040, the Application for Certificate of Motor Vehicle Title, which includes a “Release of Spouse or Heirs Interest” section. A surviving spouse removing a deceased spouse from a two-name title uses form HSMV 82152, which carries no title or service fee under §319.32(7), although registration fees and an optional $10 expedited title fee still apply.
Can creditors take my late parent’s car?
Up to two personal-use cars of 15,000 pounds gross vehicle weight or less, held in the decedent’s name and regularly used by the family, can be exempt property under §732.402(2)(b), protected from estate creditors except a lender with a perfected lien. The surviving spouse, or the children if there is no spouse, must claim the exemption by the deadline in §732.402(6), or it is deemed waived.
Can a surviving spouse sell the car without putting it in their own name first?
Yes, where the spouse would be entitled to the car under §319.28(1)(b). Section 319.28(1)(d) lets the surviving spouse assign the decedent’s own title to the buyer, and supply the buyer with the same documentation the spouse would have needed to retitle it.
What if the car title is lost?
For an heir transfer with no probate case, the heirs can sign an affidavit on form HSMV 82040 that the title is lost or destroyed. In a formal administration, TL-18 has the personal representative first obtain a duplicate title in the decedent’s name on form HSMV 82101, with a copy of the letters of administration, and then transfer it.
This article describes Florida law and FLHSMV procedure as of September 2026 and is general information, not legal advice for any particular estate. Statutes, forms, and Department procedures change, and the right route depends on the facts. The MTM Law Firm PLLC handles probate matters throughout Florida from its office in Lakeland.