How to determine if a transferred vehicle must be treated as estate property after a decedent’s death? - Florida
The Short Answer
In Florida, a vehicle is typically treated as estate property if the decedent still owned it at death (or if a last-minute “transfer” is legally challengeable). If the vehicle passed automatically by law (for example, through a valid survivorship ownership structure) or was properly transferred before death, it may be non-probate—but title paperwork alone does not always end the analysis.
What Florida Law Says
For cars and mobile homes titled like vehicles, Florida focuses heavily on how the vehicle is titled and whether ownership changed by operation of law at death (as opposed to through probate). When a vehicle is part of the probate estate, the personal representative (or heirs in limited situations) generally must address it as an estate asset before it can be sold or retitled.
The Statute
The primary law governing this issue is Fla. Stat. § 319.28.
This statute addresses transfer of ownership of a motor vehicle or mobile home by operation of law (including inheritance/devise) and describes when the Florida DHSMV may issue a new title based on affidavits and proof of entitlement—sometimes without a probate court order in limited circumstances.
Why You Should Speak with an Attorney
Even though Florida’s title statute provides a path for post-death transfers, deciding whether a “transferred” vehicle must still be treated as estate property can turn into a dispute about ownership, intent, and validity of the transfer. Legal outcomes often depend on:
- Strict Deadlines: If the vehicle transfer is challenged (for example, as an improper pre-death gift or the result of pressure), timing can affect what claims are available and whether the estate can recover the asset.
- Burden of Proof: If someone claims the decedent gave them the vehicle before death, the estate may need evidence showing the decedent did not intend a completed gift or that the transfer documents don’t match what actually happened.
- Exceptions and Red Flags: Issues like a missing title, a transfer shortly before death, conflicting family claims, creditor issues, or questions about the decedent’s capacity can all change whether the vehicle is treated as an estate asset and who has authority to sell it.
Trying to handle this alone can lead to a rejected title transfer, family conflict, or allegations that someone improperly took estate property. A Florida probate attorney can quickly evaluate the title history, the estate’s authority, and whether the transfer is likely to hold up if challenged.
If you want more context, you may also find helpful: What Documents Are Needed to Transfer a Vehicle Title After a Death in Florida? and Can I Sell or Transfer a Deceased Person’s Vehicle During Estate Administration in Florida?.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.