Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for guidance on your specific situation.
Detailed Answer
1. Review the Vehicle Title and Ownership at Death
Florida law treats a motor vehicle as probate property when the decedent held sole title at death. If the title lists only the decedent’s name, the vehicle passes through probate unless another nonprobate transfer applies. See Florida Statute § 319.28: Transfer of ownership—Death.
2. Determine Joint Ownership Type
• Tenancy by the entireties or joint tenancy with rights of survivorship: The co-owner automatically inherits the decedent’s share without probate.
• Tenancy in common: The decedent’s share becomes an estate asset and must pass through probate.
3. Check for a Transfer-on-Death Designation
Florida allows a transfer-on-death (TOD) beneficiary on motor vehicle titles. If the decedent properly executed and recorded a TOD form before death, the named beneficiary takes title outside probate. See Florida Statute § 319.28 for details.
4. Assess Probate vs. Non-Probate Transfer
• Non-Probate Transfer: Joint ownership with rights of survivorship and TOD designations bypass probate.
• Probate Transfer: Sole title and tenancy in common interests must enter the decedent’s probate estate. The personal representative inventories the vehicle, obtains an appraisal if needed, and includes it in the estate inventory filed with the probate court.
5. Explore Small Estate and Exempt Property Procedures
If the vehicle qualifies as exempt or as part of a small estate, you may avoid full administration:
- Exempt Property: Florida Statute § 732.402 exempts up to $20,000 in tangible personal property, which may include a motor vehicle if the decedent’s surviving spouse or minor children elect to keep it. § 732.402.
- Summary Administration: If the decedent’s total probate estate assets are under $75,000, you can petition for summary administration under Florida Statute § 735.201. § 735.201.
Helpful Hints
- Check the vehicle title immediately upon learning of the death.
- Obtain certified copies of the death certificate for title transfers.
- Review any joint-owner or TOD forms on file with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
- Consult the clerk of court’s probate intake office to confirm summary administration eligibility.
- Value the vehicle accurately—use a trusted appraisal or reputable pricing guide.
- Keep detailed records of all filings, appraisals, and correspondence.
- If in doubt, seek advice from a probate attorney licensed in Florida.