The Short Answer

If the vehicle is being titled/retitled in Florida after a death, Florida generally requires an application for title plus proof of your legal right to the vehicle (often the original title and a death-related affidavit or probate paperwork). Whether you can avoid a probate court order depends on whether the decedent had a will and whether the estate can be treated as not indebted/solvent under Florida’s “operation of law” title-transfer rules.

What Florida Law Says

Florida allows the Department of Highway Safety and Motor Vehicles (DHSMV) to issue a new certificate of title when ownership transfers “by operation of law,” including transfers that occur because an owner died. In practical terms, DHSMV can retitle the vehicle to the person entitled to it when the prior title is surrendered (or when that is not possible, when “satisfactory proof” of ownership and right of possession is provided), along with the required application and fees.

The Statute

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

This statute establishes that when a vehicle transfers by operation of law (including inheritance), DHSMV may issue a new title upon surrender of the prior title (or satisfactory proof of ownership/right of possession), payment of fees, and submission of an application—and it outlines when affidavits and will-related documents may substitute for a probate court order.

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 probate administration is required, there are time-sensitive notice and administration requirements that can affect when property can be transferred and who has authority to sign.
• Burden of Proof: DHSMV can require “satisfactory proof” of ownership and right of possession when the prior title cannot be surrendered, and disputes among heirs or missing documents can derail a transfer.
• Exceptions: The documentation differs depending on whether the decedent died intestate (no will) versus testate (with a will), and whether the estate is represented as not indebted/solvent; in some cases, probate court authority (or attorney-supported affidavits permitted by the statute) may be necessary.

Trying to handle this alone can lead to rejected title applications, family conflict, or an avoidable probate filing. A probate attorney can quickly determine what DHSMV should accept under Fla. Stat. § 319.28 based on your exact facts (how the vehicle is titled, whether there is a will, whether there are creditors, and who is legally entitled to sign).

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.

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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.