The Short Answer

You may be able to transfer a deceased parent’s vehicle without opening a full Florida probate case, but only if you can prove you have the legal right to the vehicle and the DMV will accept the documentation. In Florida, an heir can sometimes obtain a Florida title through an affidavit process for an intestate (no-will) death, but out-of-state titles and salvage transfers often trigger extra requirements and risk if the wrong probate path is used.

What Florida Law Says

Florida recognizes that vehicle ownership can transfer “by operation of law” after a death (for example, by inheritance). The Department of Highway Safety and Motor Vehicles (DHSMV) can issue a new certificate of title when the applicant provides the prior title (or acceptable proof if the title cannot be surrendered) and proof of the applicant’s right to possession and ownership.

The Statute

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

This statute allows DHSMV to issue a title after a transfer by operation of law and specifically provides that when an owner died intestate, an heir may not need a probate court order if an affidavit is filed stating (among other things) that the estate is not indebted and the heirs (and surviving spouse, if any) have amicably agreed on the division of the estate.

Depending on what else is in the estate (and whether there are creditor issues), Florida also has simplified probate options that may be necessary to create clear authority to transfer assets. For example, summary administration may be available if the Florida estate subject to administration is under a statutory threshold or the decedent has been dead for more than 2 years. See Fla. Stat. § 735.201.

Why You Should Speak with an Attorney

While the statutes provide a general route to transfer a vehicle after a death, applying them to your situation (out-of-state titles + no will + salvage/transfer) is rarely simple. Legal outcomes often depend on:

• Multi-state issues: If the title is from another state and the death occurred in North Carolina, you may need documentation that satisfies both Florida DHSMV requirements and the other state’s title rules (and sometimes a probate filing in the state that has jurisdiction over the asset/title record).
• Affidavit eligibility and creditor risk: Fla. Stat. § 319.28’s intestate affidavit pathway is not a “one size fits all” solution—if the estate has debts, if heirs disagree, or if there is a dispute about who qualifies as an heir, using the wrong paperwork can delay transfer or create personal liability exposure.
• Salvage and disposition complications: Salvage yards, insurers, and buyers often require clean proof of authority (and may reject informal paperwork). If you transfer or dispose of the vehicle without proper authority, you can run into title rejection, allegations of improper disposition, or problems clearing liens.

Because vehicles are easy to sell and easy to challenge later, it is important to get the probate strategy right before you sign anything over to a buyer or salvage yard.

If you want more background reading, you may also find these helpful: How Do I Transfer a Deceased Parent’s Car Title in Florida? and Can I Sell or Transfer a Deceased Person’s Vehicle During Estate Administration in Florida?.

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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.