The Short Answer

In Florida, if loan payments stop, the lender may be able to take possession of the truck and sell it to satisfy the debt. Depending on the type of vehicle loan and the contract terms, the estate may still be responsible for remaining amounts due after the sale, and mishandling the vehicle before you are appointed can create personal risk for you.

What Florida Law Says

When a borrower defaults on certain vehicle-secured loans (including title-loan style transactions), Florida law allows the lender to repossess the vehicle and then dispose of it through a licensed motor vehicle dealer, with notice requirements and rules about how sale proceeds are applied. If the vehicle sells for more than the payoff and permitted expenses, the borrower (and in a death situation, typically the estate) may be entitled to the excess proceeds.

The Statute

The primary law governing this issue is Fla. Stat. § 537.012.

This statute establishes that after a qualifying default, a title loan lender may repossess the titled vehicle (using a state-licensed repossession agent), must provide notice and an accounting before sale, must conduct the disposition in a commercially reasonable manner, and must return any excess sale proceeds to the borrower within 30 days after the sale.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Under Fla. Stat. § 537.012, the lender’s timeline can move quickly (e.g., repossession after the statutory default window, at least 10 days’ notice before sale, and a 30-day window to remit any excess proceeds after sale).
• Burden of Proof: If there is a dispute about whether the repossession/sale was “commercially reasonable,” whether proper notice/accounting was given, or whether excess proceeds were withheld, the estate may need documentation and prompt legal action to protect its rights.
• Exceptions and Personal Risk: Before you are appointed as administrator/personal representative, selling or surrendering the truck (or paying from the decedent’s account) can raise questions about authority, creditor priority, and whether you could be personally blamed for an improper transfer or loss of estate value.

Because you’re waiting to be appointed and the truck is both a secured asset and a probate administration issue (inventory, creditor notice, estate account), it’s important to get advice before you take steps that could expose you to liability or reduce the estate’s value.

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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.