The Estate Desk

Last verified 2026-11-01; facts checked against the primary sources below

How do you transfer a car title after a death in Florida?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on November 1, 2026. Not legal advice.

Last verified: November 1, 2026

The short answer: To transfer a car title after the owner dies in Florida, the new owner files form HSMV 82040 (Application for Certificate of Title) at a county tax collector or license plate agency office, with a copy of the death certificate and the paper that shows who now owns the car: letters of administration, a court order, or the will and the heirs' signed release. You do not always need probate. Florida law lets heirs title the car without a probate court order if they swear the estate owes no debts and the family has agreed how to divide it (Fla. Stat. § 319.28(1)(b)). A surviving spouse can use a separate no-fee form, HSMV 82152 (FLHSMV).

Which route fits your situation?

The names on the title and whether the estate went through court decide the paperwork. These rows follow the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) procedure for titles involving owners who have died (FLHSMV procedure TL-18, revised July 2024).

Situation Who can transfer the car What goes with form HSMV 82040 Source
Surviving co-owner, names joined by "or" The surviving co-owner, married or not, gets all rights to the car With the paper title: the survivor signs it over to anyone. Without it: a new title in the survivor's name, a lost-title statement on the form and a copy of the death certificate § 319.22(2)(a)1.a.; TL-18 section C
Surviving co-owner, "and" plus "with rights of survivorship" The surviving co-owner The title signed by the survivor (or a lost-title statement) and a copy of the death certificate TL-18 section G
Co-owners joined by "and" with no survivorship wording The survivor cannot sign alone: each co-owner or that owner's personal representative must sign Depends on whether the estate is probated (see the rows below) § 319.22(2)(a)1.b.
No probate, no will (or the will names no one for the car), surviving spouse The surviving spouse can sell or sign over the car without first titling it in their own name Death certificate copy, a copy of the will if there is one, and the heirs' release on section 13 of HSMV 82040 if the title is missing § 319.28(1)(d); TL-18 section E.1
No probate, no will, no surviving spouse The heirs. All of them, or one of them, takes title Every heir signs the "Release of Heirs" section (section 13) of HSMV 82040; death certificate copy; the title in the deceased owner's name left blank, or a lost-title statement TL-18 section E.2
No probate, a will names who gets the car The person the will names must take title in their own name (unless that person is the surviving spouse) Copy of the will and of the death certificate. If several people are named, the others sign over their interest TL-18 section E.4
Probate opened, a personal representative appointed The personal representative signs the title as seller for the estate, to anyone, including "Estate of" the person Photocopy of the letters of administration. If two or more personal representatives are named, a majority must sign TL-18 section A
Summary administration or another court order The person named in the court order, who must take a title in their own name before selling, even if the order says they may dispose of it as they see fit Photocopy of the order; the title left blank, or a lost-title statement TL-18 section D

If both spouses on a tenancy-by-the-entirety title have died, FLHSMV says the heirs follow the instructions for the spouse who died last (TL-18 section H).

What does Florida law require when there is no probate?

Section 319.28 of the Florida Statutes is the law that lets a car pass "by operation of law" on an inheritance. The heirs file affidavits instead of a probate court order (Fla. Stat. § 319.28(1)(b)):

If the owner died What the application needs instead of a probate order
Without a will An affidavit that the estate is not indebted and that the surviving spouse, if any, and the heirs have agreed among themselves on how to divide the estate
With a will that is being probated A certified copy of the will and an affidavit that the estate is solvent, with enough assets to pay all just claims
With a will that is not being probated A sworn copy of the will and an affidavit that the estate is not indebted
With a will, using a Florida lawyer An affidavit attested by a Florida-licensed lawyer in good standing naming the rightful heirs. The will itself then does not have to be filed (§ 319.28(1)(c))

Which forms and documents do you bring?

Item When you need it Source
HSMV 82040, Application for Certificate of Title (revised July 2023) Every transfer except the surviving spouse no-fee route. Section 13 is the "Release of Spouse or Heirs Interest", and section 9 has a box to certify the car came by inheritance and is not subject to sales tax HSMV 82040
HSMV 82152, Application for Surviving Spouse Transfer (revised July 2025) A spouse removing the deceased spouse's name, or moving the car from the deceased spouse's name to their own HSMV 82152
HSMV 82101, Application for Duplicate Title A personal representative whose title is missing applies for a duplicate in the deceased owner's name first TL-18 section A.2
Death certificate A photocopy for most routes. The surviving spouse route asks for an original or certified copy, which the clerk copies and hands back TL-18; HSMV 82152
Marriage certificate Surviving spouse route, unless the spouse's name is on the death certificate FLHSMV FAQ
Lien satisfaction If a lender is still listed on the title TL-18
A plate to transfer, or a non-use statement If the car will not be driven until it is registered TL-18
Proof of Florida insurance and valid ID Hillsborough County's tax collector lists both when registering Hillsborough County Tax Collector

If the title is electronic, FLHSMV says it must be printed before a seller can sign it over. In the routes where the new owner simply applies for a title (heirs, a will, a court order), the electronic title does not have to be printed; the applicant writes "title is electronic" in the affidavit area of HSMV 82040 (TL-18).

How much does it cost?

Fee Amount Source
Title transfer (electronic title) $75.25 FLHSMV fees
Printed paper title Add $2.50 FLHSMV fees
Lien recording An additional $2 may apply FLHSMV fees
Fast title (same day) $10 FLHSMV fees
Surviving spouse removing a deceased spouse No title or service fee, except $10 if you ask for a fast title. Registration fees from the change still apply Fla. Stat. § 319.32(7); HSMV 82152

FLHSMV adds that other state and county fees may apply, so check with the tax collector's office before you go (FLHSMV fees).

Where do you file?

At a county tax collector or license plate agency office. The surviving spouse form says to submit it there (HSMV 82152), and county tax collectors post their own checklists. Hillsborough County's, for example, splits the documents by single owner with and without probate, and asks you to call its office at (813) 635-5200 if your case does not match (Hillsborough County Tax Collector).

What else should you check?

This is general information about Florida law and FLHSMV procedure, not legal advice. A Florida probate lawyer or your county tax collector can tell you which documents your case needs.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources