The Short Answer

In many Florida cases, a surviving spouse can transfer (or even sell) a vehicle titled only in the decedent’s name without opening a full probate administration, as long as the spouse can provide the Florida DHSMV/Tax Collector with the documentation Florida law requires.

The key is whether the facts fit Florida’s “transfer by operation of law” rules for motor vehicle titles, or whether a probate court order is needed because of debts, disputes, or other estate assets.

What Florida Law Says

Florida treats vehicle titles differently than many other assets because the Department of Highway Safety and Motor Vehicles (DHSMV) can issue a new title based on proof of the right to inherit/possess the vehicle. In certain situations, the surviving spouse (or other heir) can submit an affidavit and supporting documents instead of a probate order.

The Statute

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

This statute authorizes DHSMV to issue a new certificate of title when ownership transfers “by operation of law” (including inheritance) and, for certain heirs/surviving spouses, allows transfer with affidavits and proof of solvency/agreements rather than a probate court order. It also allows a surviving spouse in some cases to assign the decedent’s existing title directly to a buyer without first retitling it into the spouse’s name. See Fla. Stat. § 319.28(1)(b) and § 319.28(1)(d).

If the estate is more complicated (for example, creditor issues, multiple heirs who do not agree, or other probate assets), a court-supervised probate route may be required. Florida also has small-estate options that can apply to personal property in limited circumstances, such as disposition without administration of certain small intestate estates under Fla. Stat. § 735.304.

For more background reading, see: Who can request a duplicate vehicle title after a co-owner spouse dies in Florida? and Out-of-state titled vehicles and transfers after death.

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 Documentation Requirements: The DHSMV/Tax Collector typically requires specific proof (e.g., death certificate, the existing title if available, and affidavits addressing whether the estate is indebted/solvent and who is entitled to the vehicle). If the paperwork does not match the statute’s requirements, the transfer can be rejected.
• Burden of Proof: If the original title is missing, there is a lien, or there are competing claims, you may need additional proof of ownership/right of possession under Fla. Stat. § 319.28(1)(a) and § 319.28(2).
• Exceptions and Probate Triggers: Disagreements among heirs, unclear will status, creditor concerns, or other estate assets can push the matter into probate (and sometimes into a court order) even when the vehicle transfer seems “simple” at first glance.

Trying to handle this alone can lead to delays, rejected title applications, or accidental transfers that create liability if another heir or creditor later challenges what happened.

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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.