The Short Answer

Maybe—but it can be legally risky to drive a deceased sibling’s vehicle across state lines before the estate has clear authority over the car and before you have the right paperwork. Under Florida law, the person with legal authority is typically the court-appointed personal representative (or, in limited situations, an heir using a statutory “operation of law” title transfer process).

If you drive it without proper authority/insurance and something happens (a crash, traffic stop, impound, or family dispute), you can create avoidable liability and probate complications.

What Florida Law Says

In Florida probate, a decedent’s property is generally controlled by the estate, and the person responsible for safeguarding and managing estate assets is the personal representative. That matters for a vehicle because “possession and control” is not just practical—it can affect insurance coverage, liability, and whether the transfer of title later goes smoothly.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to, and generally must, take possession or control of the decedent’s property (with limited exceptions), and must take reasonable steps to protect and preserve estate assets until distribution.

Separately, Florida’s motor-vehicle title laws recognize certain transfers “by operation of law” after a death, which can allow an heir (in qualifying situations) to apply for title without a probate court order if specific conditions are met. See Fla. Stat. § 319.28.

Why You Should Speak with an Attorney

Even if your goal is simply to move the car to North Carolina, the legal and financial consequences can be serious if the “wrong” person drives it or if the estate is not handled correctly. Legal outcomes often depend on:

• Authority to possess the car: If there is (or should be) a Florida probate, the personal representative is typically the person with legal control of estate property under Fla. Stat. § 733.607. If you are not the personal representative, driving it can trigger disputes with other heirs or the estate.
• Insurance and liability exposure: After a death, insurance coverage can become unclear (policy cancellations, excluded drivers, “permissive use” issues). A crash while driving an estate vehicle can create claims that spill into the probate case.
• Title transfer pitfalls and exceptions: Florida does allow certain title transfers after death “by operation of law,” but the requirements vary depending on whether there is a will, whether the estate is indebted/solvent, and who the rightful recipients are. See Fla. Stat. § 319.28. If those conditions are not met, an attempted transfer (or cross-state move) can backfire.

Trying to handle this informally can lead to the vehicle being impounded, the estate facing avoidable costs, or the wrong person being blamed for tickets, tolls, or an accident. A Florida probate attorney can quickly determine who has authority, whether probate is required, and the cleanest way to protect the estate and your family.

If you want more background reading, you may also find these helpful: What Documents Are Needed to Transfer a Vehicle Title After a Death in Florida? and Can I Sell or Transfer a Deceased Person’s Vehicle During Estate Administration 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 discuss your specific facts and options.

Find a Florida Attorney Now

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.