Often without a probate order. Florida’s motor vehicle statute lets the Department of Highway Safety and Motor Vehicles issue a new title to the people entitled to a deceased owner’s vehicle based on affidavits (§ 319.28):
- No will: an heir’s affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on how to divide the estate.
- A will: a certified copy of the will if it has been probated, with an affidavit that the estate is solvent; or, if the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted.
- An affidavit by a Florida-licensed attorney identifying the rightful heirs can also establish ownership.
If those conditions cannot be met, the vehicle is transferred by the personal representative or under a summary administration order.
The usual steps
- Find the title, and any loan information. A lender with a lien must be paid or must release its lien before a clear title can issue.
- Confirm who is entitled, under the will or Florida’s intestacy rules. A surviving spouse or the children may also be entitled to up to two vehicles as exempt property (§ 732.402).
- Prepare the affidavits and title application described in § 319.28, with a certified death certificate.
- Apply for the new title. Applications are typically handled at a county tax collector’s office acting for the Department. A surviving spouse who wants to sell the vehicle can assign the decedent’s title directly to the buyer, with the same supporting documents, instead of first titling it in the spouse’s own name (§ 319.28(1)(d)).
- Update insurance and registration before anyone drives it.
When probate is needed instead
- The estate has debts, so the “not indebted” affidavit cannot truthfully be signed, and the will is not being probated
- The heirs do not agree on who receives the car
- The vehicle is part of a larger estate already being administered, where the personal representative controls estate property (§ 733.607)
- A summary administration order already names who receives it (§ 735.206)
What changes the answer
- Whether there is a will, and whether it is being probated
- Whether the estate owes debts
- Whether the family agrees
- Whether there is a loan on the vehicle
- Whether the vehicle is exempt property for a spouse or children
An example
A widow dies without a will, leaving a paid-off car and no debts. Her two adult children agree that her daughter will keep the car. The daughter takes the title, a certified death certificate, and the heir affidavit stating the estate is not indebted and the heirs have agreed, to the county tax collector’s office, and a new title issues in her name without any court proceeding.
Common mistakes
- Signing a “not indebted” affidavit when there are unpaid bills
- Letting a relative drive an uninsured vehicle while the title is sorted out
- Selling the car without authority
- Forgetting the lien, which follows the car
What to gather
- The vehicle title, registration, and insurance card
- Any loan statements or lien information
- Certified death certificates
- The will, if any, and whether it is being probated
- Contact information for the heirs or beneficiaries
Next step
Find the title and confirm whether there is a loan and whether the estate has any unpaid debts. Those facts decide whether the affidavit route is available.
Related guidance
Sources: Florida Statutes § 319.28, § 732.402, § 733.607, and § 735.206 (2026). Checked on October 23, 2026.