Can I settle or refinance my parent’s car loan and get the title into my name during probate? - Florida
The Short Answer
Sometimes, yes—but typically only the court-appointed personal representative (executor) has clear legal authority to deal with a deceased person’s financed vehicle during probate. If you are not the personal representative, paying off or refinancing the loan can create title, lien, and reimbursement problems that are hard to unwind later.
What Florida Law Says
In Florida probate, a decedent’s assets (including vehicles) are generally handled by the personal representative as part of settling debts and distributing property. That authority often includes dealing with secured debts like a car loan—such as paying it off from estate funds, negotiating a payoff, or selling the vehicle—so the estate can be properly administered and the title can be transferred in a legally recognized way.
The Statute
The primary law governing a personal representative’s authority to handle estate assets (including personal property like a vehicle) is Fla. Stat. § 733.612.
This statute authorizes the personal representative (in many situations and without a separate court order) to take key actions for the benefit of the estate—such as disposing of estate assets and selling or mortgaging personal property and settling claims—subject to the will, court orders, and statutory priorities.
Separately, Florida’s vehicle title law recognizes that ownership can transfer “by operation of law” after death, but the DMV typically requires specific probate-related documentation or affidavits depending on the situation. The relevant statute is Fla. Stat. § 319.28.
Why You Should Speak with an Attorney
Even though Florida law gives the personal representative broad authority, applying it to a financed vehicle during probate can get complicated fast—especially if you want the title in your name while the loan is still being dealt with. Legal outcomes often depend on:
- Who has authority: If you are not the appointed personal representative, the lender and the tax collector/DMV may refuse to work with you, and acting anyway can create disputes with other heirs.
- Liens and payoff timing: A vehicle loan is a secured claim. Paying it off doesn’t automatically mean the title can be cleanly transferred to you without the right estate documentation and lien release handling.
- Estate solvency and creditor issues: Florida title transfer shortcuts under § 319.28 can hinge on whether the estate is indebted/solvent and whether the facts fit the statute—getting this wrong can create personal risk and delay probate.
If your goal is to keep the car, refinance it, or ensure you’re reimbursed if you pay anything out-of-pocket, it’s worth having a Florida probate attorney structure it correctly so the lender, the estate, and the DMV paperwork all line up.
Related reading: Is a Vehicle Transferred Before Death Still Part of the Probate Estate in Florida? and Can I Drive a Deceased Relative’s Car Before Handling Florida Title/Probate Issues?.
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.
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.