The Short Answer

In Florida, a deceased person’s vehicle can sometimes be transferred (or even sold) without opening a full probate case, but only if the transfer qualifies under Florida’s “operation of law” title rules and the required affidavits/proof are provided. If the estate is not clearly solvent, there are disputes among heirs, or the vehicle is not exempt/small-estate eligible, a probate administration (or court authorization) may be required before a clean transfer can occur.

What Florida Law Says

Florida treats motor vehicle ownership as a title-driven issue, and when an owner dies, the ability to transfer title depends on whether the transfer is occurring “by operation of law” (for example, inheritance) and whether the applicant can provide the documentation the Florida Department of Highway Safety and Motor Vehicles (DHSMV) requires. In certain situations—such as an intestate estate where the estate is not indebted and the heirs have agreed—Florida law allows an heir (or sometimes a surviving spouse) to complete the title transfer using affidavits rather than a probate court order.

The Statute

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

This statute establishes that when a vehicle transfers by operation of law (including inheritance), DHSMV may issue a new title upon surrender of the prior title (or satisfactory proof of ownership/right of possession) and the required application/fees, and it also outlines when affidavits may substitute for a probate court order.

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: Small-estate options can be time-sensitive and fact-dependent (for example, Florida’s intestate small-estate disposition without administration requires the decedent to have been deceased for more than 1 year and other conditions to be met). See generally Fla. Stat. § 735.304.
• Burden of Proof: If you cannot surrender the prior title, you must present “satisfactory proof” of ownership and right of possession to DHSMV, and mistakes can delay or derail a sale/transfer. See Fla. Stat. § 319.28.
• Exceptions: Whether affidavits can be used often turns on whether the decedent died with a will, whether the will is being probated, whether the estate is indebted/solvent, and whether all heirs/spouse agree—issues that can create liability if handled incorrectly. See Fla. Stat. § 319.28.

Trying to handle this alone can lead to title defects, family disputes, creditor issues, or a failed sale—especially if the vehicle is being sold to a third party who needs clear, insurable title.

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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.