Is a car a probate asset in Florida?

Probate Lawyers in Lakeland Florida. We Provide experienced Probate Legal Services in Polk County, Central Florida and the entire State of Florida.

Call 863.250.2990 today to schedule a Free Consultation with our skilled Probate attorneys.

---

‹ All Posts

February 26, 2024

Dealing with the loss of a loved one is challenging, and navigating the legal intricacies of what happens to their possessions, particularly vehicles, adds an extra layer of complexity. In Florida, the process of transferring vehicles out of a decedent's name is governed by specific statutes, offering a streamlined approach that can bypass the often lengthy and costly probate process. This article delves into the critical aspects of these statutes, focusing particularly on Florida Statutes Section 319.29(1)(b), to provide clarity and guidance for those facing this task.

Understanding the Exemption for Certain Vehicles

Under Florida law, a fascinating aspect often overlooked is the exemption provided for up to two motor vehicles held in the decedent’s name. These vehicles, if regularly used by the decedent or their immediate family, are generally shielded from claims of creditors. This means they can be re-titled to immediate family members without engaging in a probate process.

A surviving spouse or children of the deceased can re-title a vehicle by presenting a copy of the death certificate and, if available, the will, to the County tax collector’s office. This process sidesteps the need for an attorney or court intervention, simplifying the transition during a time of grief.

The Case of Other Vehicles and Personal Property

The simplicity, however, does not extend to all types of vehicles. Motor homes, boats, and large trucks, for instance, don't fall under this exemption. These vehicles either require probate or need to be titled in a revocable trust to bypass the probate process. The same holds true for tangible personal property like jewelry, collectibles, and, interestingly, even automobiles if they are not used personally by the decedent or family.

For these items, distribution is often governed by a separate list, provided it is referenced in the will or trust. This list must be signed and can be created before or after the will or trust is made.

The Cost of Shipping and the Role of the Personal Representative

A tricky question arises when considering the cost of shipping tangible personal property to beneficiaries. If the will or trust specifies who bears this cost, the matter is straightforward. Otherwise, the personal representative or trustee can spend a reasonable sum on shipping, charging these costs to the estate. In cases like shipping a grand piano, it may be reasonable for the beneficiary to cover part or all of the shipping costs.

The Procedure for Transferring Vehicle Ownership

The core issue in the aftermath of a loved one's passing in Florida often centers around the transfer of vehicle ownership. This critical process is navigated under the guiding principles of Florida Statutes Section 319.29(1)(b), a legislative framework designed to streamline the ownership transition of motor vehicles and mobile homes. This statute serves as a beacon, illuminating a path that bypasses the complexities and formalities of traditional estate administration.

Florida Statutes Section 319.29(1)(b) fundamentally redefines the conventional approach to transferring vehicle titles post-mortem. It acknowledges the unique nature of motor vehicles and mobile homes as assets and simplifies their transition to the rightful heirs or beneficiaries. This statute stands out for its pragmatic approach, offering a much-needed respite from the potentially lengthy and often cumbersome probate proceedings.

In essence, this statute is not just a set of legal directives; it's a compassionate acknowledgment by the state of Florida of the challenges faced during times of bereavement. By removing the necessity for formal estate administration in these specific instances, the statute ensures that the transfer of a vehicle or mobile home can be a smooth and less burdensome affair for those who are grieving. It's a thoughtful blend of legal foresight and empathetic governance, aimed at simplifying one of the many complex tasks that families face in the wake of a loved one's departure.

For Intestate Estates

In instances where the owner dies without a will (intestate), the following are required:

• Certificate of title or satisfactory proof of ownership.
• A completed application for a new certificate of title.
• An affidavit stating the estate has no debts.
• An agreement among the surviving spouse and heirs on the division of the estate.

For Testate Estates

If the owner had a valid will (testate), the application process includes:

• Certificate of title or satisfactory proof of ownership.
• A completed application for a new certificate of title.
• Depending on the probate status, a certified or sworn copy of the will.
• An affidavit affirming the estate’s solvency or lack of indebtedness.

Filing the Affidavit

This affidavit is typically filed through the County tax collector’s office, which provides the necessary forms and instructions. Once completed, the affidavit, along with the applicable fee, is processed by the Department of Highway Safety and Motor Vehicles.

Conclusion

Navigating the transfer of a vehicle after a loved one’s passing in Florida is nuanced, governed by specific statutes like Florida Statutes Section 319.29(1)(b). Understanding these laws and the exemptions they provide can significantly ease the burden during a difficult time. For immediate family members, transferring up to two personal-use vehicles can be straightforward, while other assets may require more involved processes. By comprehending these legal pathways, individuals can ensure a smoother transition of their loved one's possessions, honoring their memory while adhering to legal requirements.

---

If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.