Start with the title, not the car keys
Locate the vehicle identification number, current title or title number, registration, and any loan statement. Record every owner's name exactly as printed. Also establish whether the record belongs to an individual, two people, a business, or a trust. Physical possession of the vehicle and permission to use it during the owner's lifetime do not necessarily establish who inherits it.
The FLHSMV liens and titles page explains ownership records and lien notation. Use it to distinguish the registered owner from a lender that holds a security interest. Prepare a separate file for each vehicle; the same estate may contain a jointly owned car, a solely owned truck, and a trust-owned vehicle that require different signatures.
Joint ownership: the difference between AND and OR
Under section 319.22, a Florida title joining co-owners with OR creates a right of survivorship. When one owner dies, that interest passes to the survivor. An AND title ordinarily requires all owners, or the appropriate representative of a deceased owner, to participate in a transfer. Do not treat the two arrangements as interchangeable.
A surviving owner's authority and the paperwork needed to update the record are separate issues. Bring evidence of death and the existing title to the processing office, even when survivorship is straightforward. A missing paper title or an electronic record can change the document procedure without changing the underlying inheritance rights.
Surviving spouses: two qualifying no-fee title changes
As checked October 20, 2026, section 319.32(7) prohibits title fees and service charges, except an applicable expedited-title fee, for two specific changes. One removes a deceased co-owner when the other co-owner is the surviving spouse. The other changes ownership solely from a deceased spouse to the surviving spouse. The exemption is not limited to titles that already showed both spouses.
The FLHSMV title FAQs confirm both routes. They direct the applicant to HSMV 82152, a certified death certificate, proof of identity, and a marriage certificate unless the surviving spouse is identified on the death certificate. The FAQ lists a $10 expedited-title charge and explains that registration charges remain separate.
Obtain the current Application for Surviving Spouse Transfer through the official forms directory. Do not assume adding an additional owner, making a separate sale, or transferring to another relative qualifies for the same exemption. Describe the complete proposed ownership change before requesting a fee calculation.
When probate documents may not be required
Florida provides an inheritance route that does not always require a probate-court order. Under section 319.28(1)(b), an heir of someone who died without a will may submit the prescribed affidavit establishing that the estate is not indebted and that the surviving spouse and heirs have amicably agreed on its division.
Where there is a will, the statute distinguishes a probated will from one that is not being probated. The former requires the specified certified will and solvency affidavit; the latter requires a sworn copy of the will and an affidavit that the estate is not indebted. These are substantive statements about the estate, not merely a formality to obtain a replacement title.
The same section provides a separate application-and-affidavit route involving a Florida-licensed attorney in good standing. It specifies what the attorney must attest concerning the rightful heirs and their entitlement. That route does not require attaching the will, but it is not permission for an applicant to omit ownership evidence from an ordinary inheritance application.
When an estate representative is handling the transfer
If an estate is being administered, identify the court-appointed personal representative and the documents establishing that person's authority. A person named in a will is not necessarily already authorized to act as an appointed representative. Bring the relevant court documents and title evidence rather than signing the deceased owner's name.
The FLHSMV motor vehicle procedure manual identifies TL-18 for deceased-owner transactions and TL-21 for trust-related ownership. Those are the appropriate processing references when the estate, trust, and vehicle record do not fit a straightforward spouse transfer.
For multiple personal representatives, section 733.615 supplies the concurrence rules, subject to the will and statutory exceptions. A general majority requirement does not mean either of two representatives may automatically act alone. Do not apply the OR wording on a vehicle title to the separate question of how estate representatives exercise their authority.
A power of attorney does not continue after death
A durable power of attorney generally addresses the principal's incapacity, not authority after the principal's death. Section 709.2109 provides that a power of attorney terminates when the principal dies.
Someone who previously handled the owner's vehicle transactions must now establish authority as the surviving owner, entitled heir, personal representative, or other legally authorized party. An old signed power of attorney is not a substitute for that change. Keep the old document in the estate file, but do not knowingly use it as continuing authority to sign a new transfer after death.
Family vehicles and exempt property
Florida's exempt-property statute includes specified family vehicles for a qualifying surviving spouse or, where there is no surviving spouse, qualifying children. The vehicle category covers up to two vehicles, each with a gross vehicle weight not exceeding 15,000 pounds, meeting the ownership and family-use conditions.
This protection has estate-procedure requirements and exceptions. It does not eliminate a perfected security interest, make every business vehicle exempt, or itself produce an updated title. Identify the vehicle in the estate process and complete the applicable FLHSMV transfer. A claim that a vehicle is exempt property and an application proving who should appear on its title are related but different tasks.
Lost titles, electronic titles, and out-of-state vehicles
An electronic title is an existing ownership record, not a lost paper certificate. The electronic title guidance explains the difference. Tell the office that the titled owner has died and identify the person legally handling the transaction. Do not try to make an estate transfer by using the deceased person's online account.
For a missing paper certificate, consult the paper title and duplicate instructions. The office can determine whether the inheritance application resolves the missing-title issue or whether another authorized application is needed. Requesting a duplicate does not settle competing inheritance claims.
A vehicle titled elsewhere also needs the applicable first-Florida-title evidence. Section 319.23 addresses ownership documents and vehicle identification requirements. The estate documents establish the transfer authority; they do not automatically replace an out-of-state title or an applicable VIN verification.
Loans, registration, insurance, and a later sale
A death does not automatically release a recorded vehicle lien. Coordinate any payoff, assumption, or other lender-approved arrangement with the lender and obtain the required lien satisfaction when the debt is discharged. Do not represent the vehicle to a buyer as lien-free merely because an heir is entitled to inherit it.
Before driving, arrange registration and the coverage required for the vehicle. The registration instructions and Florida insurance requirements apply separately from the title exemption. An estate transfer is not an automatic extension of expired registration or a guarantee that the deceased owner's policy continues unchanged.
Section 319.28 also allows a qualifying surviving spouse who meets its conditions to assign the deceased spouse's title directly to a buyer rather than first obtaining an intermediate title. The buyer must receive the required supporting documents. This specific exception is not a general right for every heir to sell without establishing authority. For an ordinary subsequent sale, use the FLHSMV seller instructions for assignment, lien handling, plate retention, and notice of sale.
Frequently Asked Questions
Must every inherited Florida vehicle go through probate before its title can change?
No. Joint ownership, qualifying inheritance affidavits, and other statutory routes may allow a transfer without a probate order. The applicable route depends on the ownership record, will, estate debts, and agreement or authority of the people involved.
Is a title transfer to a surviving spouse free only when both spouses were on the title?
No. The statute also covers a title change solely from the deceased spouse to the surviving spouse. Expedited service and separate registration charges may still apply.
Does an OR title make the surviving co-owner the owner of the deceased person's interest?
Florida's title statute provides survivorship for OR co-ownership. The survivor still needs the appropriate documentation to update the record or complete a later transaction.
What happens when the title cannot be found?
Establish whether it is electronic or a missing paper certificate. Present the death and authority documents to the title office so it can identify the correct transfer or duplicate procedure. Missing paperwork does not determine who inherits.
Can I use the owner's durable power of attorney after the owner dies?
No. The power terminates at death. Establish the authority applicable to the estate or surviving ownership instead of signing under the old authorization.
Does inheritance cancel the vehicle loan?
No. A recorded lien is not erased by the owner's death. Resolve the lender's interest and any required release separately from the inheritance paperwork.