How to Transfer a Vehicle after Death in Florida
If you’ve lost someone very close to you, you’re facing an emotional journey forward that is made more challenging by the probate process. The matter of transferring your loved one’s vehicle, however, is allowed outside the formal probate process in Florida, which can save you time, effort, and money. And having a better understanding of how the process works can help simplify it. Our experienced South Florida probate law attorney at Brian K. McMahon, P.A., is standing by to help you.
If You Are the Spouse of the Decedent
Florida law sets out the requirements for a surviving spouse or heir to obtain title to a car upon the death of the owner, called the decedent, without going through probate. If you are the surviving spouse of someone who did not leave a will, you’ll take specific steps forward to transfer their vehicle into your name.
Gathering the Necessary Documentation
To begin, you’ll need to fill out and sign the correct Application for Certificate of Title. This requires you to use your name and address for the Owner’s Name and the Owner’s Address, while the decedent’s name and address are included in the death certificate. From here, you’ll need to gather all the following:
- Your spouse’s original certificate of title for the car, noting that there is a box to check if it can’t be located
- A certified copy of your spouse’s death certificate
- A marriage certificate, if it is not listed on the death certificate
- Proof of your identification and of valid Florida insurance
The fee for the transfer of the deed is waived for the decedent’s spouse, but if you plan on driving the vehicle, standard registration and tag fees apply.
Making The Transfer
Once you’ve gathered all the necessary documentation, you’ll take it to your county’s tax collector or tag agency office. Scheduling an appointment online is strongly recommended.
While the process is streamlined, it is not simple. Discuss your questions and concerns with a capable probate law lawyer early on.
If You Are an Heir Who Is Not the Decedent’s Spouse
If you are an heir of the decedent who is not their spouse, you’ll need to include an affidavit that shows agreement among all the other heirs regarding the title of the vehicle in question. This affidavit must be signed by each of the heirs and must be notarized. You’ll also need to pay a fee for the deed transfer, which varies by county.
Our Experienced South Florida Probate Law Lawyer Can Help
While a car title can be transferred outside of probate, the process is exacting. Brian McMahon at Brian K. McMahon, P.A., is our dedicated South Florida probate law attorney who understands the significance of this process and is well-equipped to help move the matter smoothly forward. Learn more by reaching out and contacting us online or giving our firm a call at 561-658-1789 today.