Transfer a Car Title After Death in Florida (HSMV 82152 and 82040)

1. The title lists a surviving co-owner

If the names are joined by "OR", or the title says "With Rights of Survivorship", the surviving co-owner gets all rights to the car, spouse or not. If they are joined by "AND" without survivorship and the owners weren't married to each other, the dead owner's share goes to their own spouse, heirs or estate.

1. "OR": the survivor can sign the title over to anyone. If the paper title is missing, the survivor applies for a title in their own name on HSMV 82040 with a copy of the death certificate.
2. "AND": the survivor signs together with the personal representative (with letters) or, if the estate isn't administered, with the dead owner's surviving spouse or heirs.

2. Surviving spouse: HSMV 82152, no fee

Use it to take a dead spouse off a joint title, or to move a car from the dead spouse's name into the survivor's name. It can't be used if the will or probate calls for anything else.

1. Fill in HSMV 82152 and sign it under penalty of perjury.
2. Bring the original or a certified copy of the death certificate, and the marriage certificate if the death certificate doesn't name you.
3. No title or service fee; $10 if you want a fast title. Registration fees are due unless you certify on the form that the car won't be driven until registered.
4. Selling instead? The surviving spouse can sign the title over to the buyer without titling it first.

3. The will names who gets the car

If the estate isn't probated and the will names who gets the car, that person takes the title in their own name (a surviving spouse can use the spouse routes).

1. Leave the back of the title blank.
2. The person named in the will fills in HSMV 82040.
3. Attach a photocopy of the will and of the death certificate.
4. If the will names several people, all of them or one of them takes the title; the others sign over their interest.

4. No spouse, no probate: the heirs' release (HSMV 82040 Section 13)

Florida law lets heirs skip a probate order when the estate owes no debts and the heirs agree how to divide it (s. 319.28). With no surviving spouse and no will naming a recipient, the heirs take the car.

1. Leave every section on the back of the title blank.
2. All the heirs complete Section 13 of HSMV 82040, Release of Spouse or Heirs Interest, under penalty of perjury. Use more copies of the form for more signatures.
3. One heir, or all of them, completes the rest of HSMV 82040 as applicant.
4. Attach a photocopy of the death certificate and of the will, if there is one.
5. Pay the title fee, plus the plate or a non-use affidavit, and sales tax or the exemption on the form.

5. Summary administration or another court order

If a judge has entered an order of summary administration (for estates up to $150,000), family administration or exempt property, the person the order names takes the car.

1. Leave the back of the title blank.
2. The person named in the order completes HSMV 82040 and attaches a photocopy of the order.
3. That person must title the car in their own name before selling it, even if the order says to dispose of it as they see fit.

6. The estate is administered

Once the court appoints a personal representative, they sign the car over.

1. The personal representative signs the "Transfer of Title by Seller" section of the title, to the buyer or to the "Estate of" the person.
2. Attach a photocopy of the letters of administration. If there are two or more personal representatives, a majority must sign.
3. The new owner completes HSMV 82040 and pays the title fee.

Florida probate court: Circuit Court (probate division) in the county. The executor's papers: Letters of administration (with or without a will). See how executors get letters.