The Short Answer

In Florida, a missing vehicle title does not automatically prevent a probate or inheritance transfer, but it usually means you must prove the decedent’s ownership and your legal right to take the vehicle before Florida will issue a new title. Depending on whether there is a will, whether the estate is solvent, and whether probate is opened, Florida law may allow an heir (or the personal representative) to obtain a new certificate of title using affidavits and supporting proof.

What Florida Law Says

Florida treats inherited vehicles as a “transfer of ownership by operation of law.” If the prior title cannot be surrendered (for example, it is lost or missing), the state may still issue a new title when the applicant provides satisfactory proof of ownership and right of possession. Whether you must open probate, and what documents are required, often turns on whether the decedent died with a will, whether the will is being probated, and whether the estate is indebted.

The Statute

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

This statute establishes that when a vehicle transfers by inheritance (or other operation of law), Florida may issue a certificate of title upon surrender of the prior title or, if that is not possible, upon “satisfactory proof” of ownership and right of possession, and it also describes when affidavits (and in some situations a Florida attorney affidavit) can substitute for a probate court order.

Separately, if there is a will, Florida law generally requires the will to be admitted to probate before it is effective to prove title or the right to possess property in Florida, which can directly affect how you document the authority to transfer a vehicle. See Fla. Stat. § 733.103.

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 Deadlines: If a will exists, delays in getting it properly admitted to probate can affect your ability to use it to prove title or possession in Florida. Under Fla. Stat. § 733.103, an unadmitted will is ineffective to prove title/right of possession, which can create time-sensitive problems when a vehicle needs to be sold, insured, or removed from storage.
• Burden of Proof: When the original title cannot be surrendered, you must present “satisfactory proof” of ownership and right of possession to obtain a new title under Fla. Stat. § 319.28. What is “satisfactory” can be fact-specific, especially if there are liens, multiple heirs, or unclear records.
• Exceptions: Florida law has different documentation paths depending on whether the decedent died intestate vs. testate, whether the will is being probated, and whether the estate is solvent. Section 319.28 also includes special affidavit options (including an attorney-attested affidavit in certain testate situations), but using the wrong path can trigger rejection by the agency or disputes among heirs.

Trying to handle this alone can lead to delays, rejected title applications, or disputes that spill into probate litigation—especially when the decedent lived out of state, the title is missing, or multiple family members claim the vehicle.

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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.