The Short Answer

If a vehicle in a Florida probate estate has a loan or lien, the lien generally stays attached to the vehicle. In plain terms, heirs usually do not receive “clear title” unless the secured debt is paid off, refinanced, or otherwise resolved—and the lender may still have the right to repossess if payments are not kept current.

What Florida Law Says

In Florida, vehicles often require a title transfer “by operation of law” after a death, but a lienholder’s secured rights are typically not wiped out just because the owner died. Probate also includes a creditor-claims process, and secured creditors may have different options than unsecured creditors because they can look to their collateral (the vehicle) for payment.

The Statute

The primary law governing vehicle title transfer after death is Fla. Stat. a7 319.28.

This statute establishes that Florida can issue a new certificate of title when ownership transfers by operation of law (including inheritance), based on required proof—meaning title can be transferred during/after probate, but existing liens and lender rights still have to be addressed.

Probate also has strict creditor-notice and claim deadlines. The main creditor-notice statute is Fla. Stat. a7 733.2121, which requires notice to creditors and ties into the deadlines for filing claims.

If you want a deeper read on common real-world problems (like lien payoffs and missing documents), see: How Do I Retitle an Inherited Vehicle in Florida If Theres a Lien and Missing Paperwork?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, liened vehicles in probate can create expensive surprises if they’re handled incorrectly. Legal outcomes often depend on:

• Strict Deadlines: Florida’s creditor process has time limits tied to published/served notice to creditors under Fla. Stat. a7 733.2121. Missing a deadline can change who pays what, and whether disputes become litigation.
• Burden of Proof: DMV title transfers often require specific proof of authority/entitlement under Fla. Stat. a7 319.28, and lienholders may require payoff statements, death certificates, and estate documentation before releasing a lien.
• Exceptions and Strategy Calls: Whether the estate should keep making payments, sell the vehicle, surrender it, or negotiate with the lender depends on title status, who is using the car, whether the estate is solvent, and how the vehicle is being distributed. A wrong move can trigger repossession risk, family conflict, or personal liability issues in certain scenarios.

Because a lien is a secured claim tied to a specific asset, the “right” probate approach is often about minimizing risk while preserving value for the beneficiaries—not just transferring the title.

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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.