Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney or contact your county tax collector/FLHSMV office.
Detailed answer — step‑by‑step overview under Florida law
If a vehicle owner has died and you need to put legal title in the surviving spouse’s name but you do not have the paper title, Florida law provides practical paths to complete the transfer without formal administration in many cases. The most commonly used route for modest estates is the small estate (affidavit) procedure in Chapter 735 of the Florida Statutes. The motor vehicle title office (county tax collector or license plate agent working with FLHSMV) will generally accept the affidavit plus standard title application documents to issue a new title.
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Confirm the estate qualifies as a “small estate” under Florida law.
Florida’s small estate rules (Chapter 735, sections 735.201–735.213) allow certain beneficiaries or heirs to collect personal property without full probate if requirements are met. The specific statutory language and requirements are found in the Small Estate provisions: Fla. Stat. § 735.201 and the surrounding sections of Chapter 735: Chapter 735 (Disposition without Administration).
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Gather required documents.
Typical documents needed by the county tax collector / FLHSMV include:
- Certified copy of the decedent’s death certificate.
- Valid photo ID for the claimant (surviving spouse).
- A completed Small Estate Affidavit (or the form/content required by Fla. Stat. Chapter 735) identifying the vehicle and asserting the claimant’s right to possession.
- Information about the vehicle: VIN, year, make, model, current odometer reading.
- Proof of payment for title/transfer fees and any applicable taxes.
Do not assume all offices accept the same forms — confirm with your county tax collector office or an FLHSMV customer service page: FLHSMV — Titles.
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Prepare and sign the small estate affidavit.
The small estate affidavit (under Chapter 735) must be completed carefully. The affidavit identifies the claimant, states the value of the decedent’s personal property in Florida, and asserts that the claimant is entitled to the property. Under the statute, certain people (for example, a surviving spouse) may use the affidavit to transfer personal property. Review the statute language: Fla. Stat. § 735.201.
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Present the affidavit and supporting documents to the county tax collector / license plate agency.
Take the affidavit, certified death certificate, ID, vehicle details, and payment for fees to the county tax collector or a license plate agent that issues titles. Explain that you are claiming the vehicle via the small estate affidavit. The agent will tell you what title application form to complete. The FLHSMV title rules and local practices control the exact paperwork and fees: FLHSMV Titles. County tax collector websites also give step‑by‑step instructions for title transfers after death.
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If the original title cannot be produced, request a replacement/transfer without the original.
When the paper certificate of title is missing, the office will generally require:
- A title application (the office will provide the correct form).
- The small estate affidavit (or other probative affidavit) showing right to the property.
- Death certificate and ID.
- Any odometer disclosure if required.
The tax collector/FLHSMV will either issue a new certificate of title in the surviving spouse’s name or issue a duplicate title after the transfer is processed. If the vehicle had a lien recorded, the lien must be cleared or addressed before a clear title can be issued.
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Address potential complications.
Common complications include:
- Vehicle was jointly titled with rights of survivorship — the survivor may only need to present the death certificate and sign paperwork.
- There is a recorded lien — the lienholder must be paid or provide a release.
- Total estate value exceeds the small estate threshold or there are unresolved creditor issues — formal probate may be required.
- Conflicting claimants or disputes — consult an attorney before proceeding.
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If you run into a problem, consider formal probate or a court order.
If the county title office refuses the transfer because the small estate criteria are not met, or because there’s a dispute, a personal representative appointed through probate or a court order may be required to clear title. For probate rules and when administration is required, review Chapter 733 and Chapter 735 of the Florida Statutes. See Chapter 733 (Probate Code) and Chapter 735 (Disposition Without Administration): Chapter 733 and Chapter 735.
Key Florida statutory references
- Small estate / disposition without administration: Fla. Stat. § 735.201 and related sections (Ch. 735)
- Motor vehicle titles and FLHSMV rules: Chapter 319 and FLHSMV guidance: Chapter 319 (Motor Vehicles) and FLHSMV – Titles
Helpful Hints
- Contact your county tax collector or nearest license plate agency before going in. Local offices can confirm acceptable forms and fees.
- Bring multiple certified copies of the death certificate. Offices commonly require an original certified copy (not a photocopy).
- Get a written list of documents the county office will accept for a title transfer without the original title.
- If the vehicle shows a lien on the title record, contact the lienholder first to obtain a release or payoff statement.
- Keep a copy of the signed small estate affidavit and all receipts for payments made to the tax collector or FLHSMV.
- If the surviving spouse’s name is different from the name on the decedent’s records (for example, due to remarriage), bring proof of name changes (marriage certificate, etc.).
- If anyone disputes your claim, stop and get legal advice — transfers completed under dispute can create liabilities.
- When in doubt about whether the small estate threshold is met or if multiple heirs exist, consult a probate attorney for guidance before using the affidavit.
Where to get more help: Your county tax collector’s title office, FLHSMV customer service, or a Florida probate attorney can explain local steps and help prepare the affidavit or handle probate if needed.
Remember: This document explains general procedures and statutory references under Florida law. It is not legal advice. Contact a licensed attorney for legal advice tailored to your situation.