The Short Answer

In Florida, removing a deceased parent’s name from a vehicle title usually depends on (1) how the co-owners are listed on the title (for example, “OR” vs. “AND”) and (2) whether the lienholder will cooperate with the transfer. Even when joint ownership exists, a lien can limit what the surviving owner can do until the lender’s requirements are satisfied.

What Florida Law Says

Florida treats certain title changes after a death as a transfer of ownership by operation of law. That means the Florida Department of Highway Safety and Motor Vehicles (through the tax collector/DMV process) can issue a new title when the applicant provides the prior title (or acceptable proof) and documentation showing the right to ownership/possession after the owner’s death.

The Statute

The primary law governing this issue is Fla. Stat. § 319.28.

This statute establishes that when vehicle ownership transfers “by operation of law” (including inheritance), the state may issue a new certificate of title upon surrender of the prior title (or satisfactory proof of ownership/right of possession) and a proper application.

Because you mentioned joint ownership and a lien, another Florida statute often matters in real-world title transfers: Fla. Stat. § 319.235, which explains the legal effect of titling co-owners as “or” versus “and” for lien/encumbrance purposes.

If you want more background reading, see our related post: Can I transfer or salvage my deceased parent’s out-of-state titled vehicles without a will in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a title with a deceased owner, a surviving co-owner, and an active lien is rarely straightforward. Legal outcomes often depend on:

• Strict Documentation Requirements: Under Fla. Stat. § 319.28, the DMV can require the prior title or “satisfactory proof” of ownership/right of possession—what counts as “satisfactory” can vary based on whether there’s a will, whether probate is opened, and what the lienholder will accept.
• Co-Owner Wording (“OR” vs. “AND”): Under Fla. Stat. § 319.235, “or” co-ownership and “and” co-ownership can change whose signature/authority is required for lien-related actions—this can affect what the lender demands before it will release or update records.
• Lienholder Control and Payoff Issues: Even if the surviving owner is entitled to the vehicle, the lien typically remains attached to the title until it’s satisfied or otherwise addressed. If the lender won’t release documents or approve a transfer, you can get stuck in a situation where you can’t sell, refinance, or sometimes even properly retitle the vehicle.

When there’s disagreement among heirs, uncertainty about the estate’s debts, or a missing/held title, the “simple DMV fix” can turn into a probate problem quickly. An attorney can evaluate whether a probate filing is necessary, coordinate with the lienholder, and prepare the affidavits/documentation needed to avoid delays or a rejected transfer.

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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.