Disclaimer

This information is for general education only and is not legal advice. Laws change and every situation is different. Consult a licensed Florida attorney or contact the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) or the local county tax collector for specific legal guidance about your situation.

Detailed Answer — Overview and main paths to retitle

When a parent dies, the steps to retitle their vehicle depend on how the vehicle is owned and whether the estate goes through probate. The common paths are:

• Vehicle already has a surviving co-owner on the title — usually the fastest route.
• Vehicle belongs to a revocable trust — trustee follows the trust terms and uses trust documents to retitle.
• Vehicle must pass through probate — the personal representative uses court authority to transfer title.
• Small or summary administration or statutory non‑probate transfer — shorter procedures that avoid full probate in some circumstances.

Which path applies will determine the documents you need and where you must file. Below are step-by-step instructions and what to expect under Florida law.

Step 1 — Identify how the car is titled and any liens

Find the vehicle’s certificate of title and registration. Look at the title to see whether:

• There is a listed co-owner (spouse, child, etc.). If a co-owner survives, the title often transfers to that person after proof of death and presentation of required documents to FLHSMV or the county tax collector.
• The vehicle is owned by a trust. If so, the trustee can retitle using the trust paperwork.
• There is a lien (a loan). If so, the lienholder must be paid or provide a lien satisfaction before a clear title issues.

Step 2 — Gather documents you will commonly need

Whether you go to the FLHSMV or a county tax collector, you will usually need some or all of the following:

• Certified copy of the decedent’s death certificate.
• Original vehicle certificate of title (if available) or documentation showing ownership.
• Valid photo ID of the person applying to retitle (driver license or other ID).
• If probate has been opened: Letters of Administration or Letters Testamentary (court-issued proof of the personal representative’s authority).
• If a trust: a copy of the trust and trustee’s proof of authority, or a trustee certification as required by FLHSMV procedures.
• Proof a lien was paid or a lien satisfaction if a lien existed.
• Odometer disclosure or other federal/state forms when required (generally required for vehicles less than 10 years old).
• Payment for title transfer fees, sales tax (if applicable), and registration fees.

Step 3 — Choose the correct legal path and follow the process

A. If there is a surviving co-owner listed on the title

Bring the decedent’s certified death certificate, the original title, your ID, and proof of lien satisfaction (if any) to the county tax collector or FLHSMV title office. Florida typically allows transfer to a surviving co-owner upon presentation of these documents. Call your local office first to confirm the exact forms and fees they require.

B. If the vehicle is held in a revocable trust

The trustee should present the trust document (or trustee certification), the death certificate, the original title, and a valid ID to the FLHSMV or county tax collector to retitle the vehicle into the trust’s beneficiary or the trustee’s name for sale or transfer.

C. If probate is required (decedent owned vehicle outright or estate contains other assets)

If the estate is being administered in probate, the personal representative uses the court-issued Letters of Administration or Letters Testamentary and any court order directing transfer to obtain a new title. The probate court’s order or the letters are presented with the title and death certificate at the title office. For rules on probate administration in Florida, see Florida Statutes, Chapter 733 (Administration of Estates): Fla. Stat. Ch. 733.

D. Summary administration or small-estate procedures

Florida law allows faster, limited probate procedures in certain cases (summary administration) or other streamlined methods to transfer personal property without full administration. If the estate qualifies, the court may issue an order allowing distribution of assets (including a vehicle) without full probate. For more on these procedures, see Florida Statutes, Chapter 735 (Summary Administration and related provisions): Fla. Stat. Ch. 735.

After you obtain the court order for summary administration or limited distribution, take it with the death certificate and the title to the FLHSMV or county tax collector to have the title reissued in the new owner’s name.

Step 4 — Visit the FLHSMV or county tax collector to complete the title transfer

Once you have the correct documents, go to the FLHSMV or your county tax collector’s office. Follow their checklist and complete any required FLHSMV application forms and pay fees and taxes. FLHSMV provides guidance and forms for title transfers on its website: FLHSMV — Vehicle Titles.

Common documentation scenarios and what they mean

• Title lists a spouse or co-owner: The surviving co-owner will usually be able to retitle by presenting the death certificate and title.
• Title lists only the decedent and no probate: You may need letters of administration or a court order unless a small‑estate method applies.
• Vehicle in trust: Trustee uses trust paperwork to retitle; probate usually not necessary.
• There is a lien: The lender’s release or payoff is required before a clear title issues.

Helpful Hints

• Call your local county tax collector or FLHSMV before you go. Offices often post precise documentation and form requirements online and may allow some steps by mail.
• Get several certified copies of the death certificate early. Many agencies will require certified copies rather than photocopies.
• If probate is likely, consult the probate clerk or an attorney to determine whether full probate or summary administration is appropriate.
• If a lender holds a lien, contact the lender to learn the payoff procedure and request a lien satisfaction to clear title.
• Keep records of the date you notify the insurer and transfer or cancel insurance on the vehicle once ownership transfers.
• Expect to pay title transfer fees, registration fees, and possibly sales tax depending on how the transfer is structured. Get an estimate from the tax collector’s office.
• If you believe the vehicle is community property or otherwise jointly owned for family law reasons, consult an attorney to avoid unintended consequences.

When to talk to a Florida attorney

Contact a Florida probate or estate attorney if:

• The estate is large or complicated (multiple assets, creditors, disputes).
• Heirs disagree about who gets the vehicle or other assets.
• You suspect the decedent had a valid beneficiary designation or trust you cannot locate.
• There are liens, title clouds, or unusual title issues (e.g., salvage titles, out-of-state titles).