The Short Answer

In Florida, you may be able to transfer or dispose of a deceased person’s vehicle without opening a full probate case, but only if the estate qualifies for a small-estate process and the court authorizes the transfer. The most common path is a court-approved “disposition without administration,” which can allow a transfer of personal property (including a vehicle) when the estate is limited and certain expenses/thresholds are met.

What Florida Law Says

Florida does not automatically let family members sell a decedent’s property just because they are next of kin. Instead, the law provides limited alternatives to formal probate when the estate is small enough or consists of certain exempt property and priority expenses. For a car being sold for scrap, the key legal issue is whether you have legal authority to transfer title (or otherwise dispose of the vehicle) without a personal representative being appointed.

If the estate qualifies, the court can issue a written authorization (often a letter under seal) allowing the transfer or disposition of the decedent’s personal property to the people entitled to it.

The Statute

The primary law governing this issue is Fla. Stat. § 735.301.

This statute establishes that no administration is required when the decedent left only certain exempt personal property and/or limited nonexempt personal property that does not exceed specified priority expenses—and it allows the court to authorize the payment, transfer, or disposition of that personal property to the persons entitled.

Depending on the facts (including how long it has been since death and whether the decedent died without a will), another small-estate option may apply, including summary administration under Fla. Stat. § 735.201.

For more background, you may also find helpful: What Documents Do I Need for a Florida Small Estate Affidavit (Disposition Without Administration)? and Small Estate vs. Full Probate in Florida: What’s the Difference When You Inherit Assets?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Some small-estate options depend on how long it has been since the death (for example, certain intestate small-estate dispositions require the decedent to have been deceased for more than a year). See, e.g., Fla. Stat. § 735.304.
• Burden of Proof: You typically must show the court the estate qualifies (what assets exist, whether property is exempt, and what priority expenses/creditor issues exist) before a judge will authorize a transfer under § 735.301.
• Exceptions: If there are other heirs, a will, liens on the vehicle, creditor claims, or other assets that push the estate outside the small-estate rules, the “no probate” approach can backfire—potentially exposing the person who disposed of the car to disputes or liability.

Even when the goal is simply to scrap an older vehicle, the title/authority issue is where people get stuck. A probate attorney can quickly evaluate whether you qualify for disposition without administration versus summary administration, and help you avoid delays, rejected filings, or family/creditor disputes.

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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.