The Short Answer

In Florida, a duplicate vehicle title is generally issued only to the person entitled to hold the certificate of title. If a co-owner spouse has died, who is “entitled” can depend on how the vehicle was titled (for example, whether the surviving spouse became the sole owner automatically or whether the deceased spouse’s estate still has an interest).

Because a wrong request can create delays or title problems, it’s usually best to have a Florida probate attorney confirm who has legal authority before you apply.

What Florida Law Says

Florida law allows the state to issue a duplicate title when the original has been lost, destroyed, or mutilated, but the application must come from the person who is legally entitled to hold the title. When an owner has died, that “entitlement” question often turns on ownership status at death and whether an estate administration is required.

The Statute

The primary law governing this issue is Fla. Stat. § 317.0008.

This statute provides that the department may issue a duplicate certificate of title upon application by the person entitled to hold such a certificate if the original title has been lost, destroyed, or mutilated.

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:

• Ownership status at death: Whether the surviving spouse became the sole owner automatically or whether the deceased spouse’s estate must act can change who is “entitled” to request the duplicate title.
• Authority to act for the estate: If the estate must be involved, the person with legal authority is typically the court-appointed personal representative (and disputes over who should serve can delay everything).
• Documentation and consistency: DMV/title records, death documentation, and probate filings must align; inconsistencies can trigger rejection, delays, or later challenges to a transfer or sale.

Trying to handle this alone can lead to a denied application or a title that can’t be cleanly transferred later—especially if heirs, creditors, or prior liens are involved.

If you want more background, you may also find these helpful: What Documents Are Needed to Transfer a Vehicle Title After a Death in Florida? and How Can I Replace a Missing Vehicle Title During Probate 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.

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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.