The Short Answer

In Florida, you can often retitle an inherited vehicle even when the original title paperwork is missing, but you must prove your legal right to the vehicle and address any existing lien before the state will issue a clean title. When there’s a lien and unclear paperwork, the “right” probate shortcut (or a court order) can make the difference between a smooth transfer and a denial by the DMV.

What Florida Law Says

Florida treats inherited vehicle transfers as a “transfer of ownership by operation of law.” The Department of Highway Safety and Motor Vehicles (through the tax collector/DMV) can issue a new certificate of title when the prior title can’t be surrendered, but only if the applicant provides satisfactory proof of ownership and the right to possess the vehicle. A lien generally does not disappear just because the owner died, so the lienholder’s interest must be accounted for as part of the transfer.

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 new title upon surrender of the prior title or, if that’s not possible, upon “satisfactory proof” of ownership/right of possession—along with the title application and required fees.

Depending on the estate, Florida probate law may also control whether you need a probate court order (or can use a streamlined process). For example, some estates qualify for summary administration under Fla. Stat. § 735.201.

If you want more background on related issues, see: joint ownership and liens on a deceased parent’s Florida vehicle title.

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 you pursue summary administration, the court expects creditor-related diligence and notice steps before distribution (and mistakes can create personal liability for recipients). See Fla. Stat. § 735.206.
• Burden of Proof: With “no clear paperwork,” the DMV may require affidavits, death documentation, proof of heirship/authority, and lien information. If the evidence is incomplete or inconsistent, the application can be rejected under the “satisfactory proof” standard in Fla. Stat. § 319.28.
• Exceptions: Whether you can avoid a full probate case may depend on how the vehicle is titled (joint ownership, beneficiary designations, etc.), whether the estate is solvent, and whether the lienholder will cooperate (for example, providing payoff/lien satisfaction or reissuing documents).

Trying to handle this alone can lead to delays, rejected title applications, or signing the wrong affidavit—especially where a lien exists and family members disagree about who should receive the vehicle.

Get Connected with a Florida Attorney

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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.