Title Transfer Involving Deceased Owner(s)
Below are some of the common scenarios with a list of required documents needed to transfer ownership of a motor vehicle or mobile home titled in Florida if the owner(s) are deceased.
If your situation does not match these scenarios, or if you have additional questions about document requirements, please contact our office at (813) 635-5200.
Single Ownership - Estate Probated (Went Through Court)
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See Instructions:
- Transfer of Title by Seller section completed by personal representative to new owner (personal representative may sign title over to himself/herself)
- If title is not available, a duplicate title must be applied for first (HSMV 82101) by the personal representative
- If title is electronic, it must first be printed
- HSMV 82040 completed by new owner or personal representative
- Photocopy of the Letters of Administration
- Lien satisfactions, if applicable
- Sales tax, if applicable
- Tag number to transfer and proof of FL insurance if registering
- Title fees
- Proof of valid ID
- Transfer of Title by Seller section completed by personal representative to new owner (personal representative may sign title over to himself/herself)
Single Ownership – Estate not Probated (Did not go through Courts)
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No Will or Will Does not Specify Recipient, Surviving Spouse:
- Transfer of Title by Seller section completed by the surviving spouse to the purchaser
- If surviving spouse is taking title, follow Surviving Spouse Transfer section
- If title is electronic, it must first be printed
- HSMV 82040 completed by applicant
- If title is unavailable, “Release of Heirs” section (section 13) on HSMV 82040 completed by surviving spouse along with an affidavit stating the title is lost or destroyed
- Photocopy of death certificate
- Photocopy of the Will, if one exists
- Lien satisfactions, if applicable
- Sales tax, if applicable
- Tag number to transfer and proof of FL insurance if registering
- Title fees
- Proof of valid ID
- Transfer of Title by Seller section completed by the surviving spouse to the purchaser
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No Will or Will Does not Specify Recipient, No Surviving Spouse:
- “Release of Heirs” section (section 13) on HSMV 82040 completed by heirs
- All heirs or any one of the heirs must complete HSMV 82040 as applicant(s)
- Photocopy of death certificate
- Photocopy of the Will, if one exists
- Florida title (leave blank) or an affidavit stating the title is lost or destroyed (section 11 of HSMV 82040, first box)
- Lien satisfactions, if applicable
- Sales tax, if applicable
- Tag number to transfer and proof of FL insurance if registering
- Title fees
- Proof of valid ID
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Will Specifies Recipient:
- HSMV 82040 completed by person(s) named in will
- Photocopy of the death certificate
- Photocopy of the Will
- Lien satisfactions, if applicable
- Sales tax, if applicable
- Florida title (leave blank) or affidavit stating the title is lost or destroyed (section 11 of HSMV 82040, first box)
- If title is electronic, it does not have to be printed
- Applicant will state “title is electronic” in section 11 of HSMV 82040 (other box)
- Tag number to transfer and proof of FL insurance if registering
- Title fees
- Proof of valid ID
Surviving Spouse Transfer
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This procedure is applicable in the following scenarios:
- For a certificate of title issued for a motor vehicle solely to remove a deceased co-owner from a title registered in the names of two persons if the other co-owner is the surviving spouse
- To issue a certificate of title solely to change the ownership of a motor vehicle from a deceased spouse’s name to the surviving spouse’s name
- HSMV 82152, Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle
- FL title signed over to surviving spouse (surviving spouse will sign as seller and purchaser)
- Original or certified copy of death certificate
- Original or copy of marriage certificate, if surviving spouse is not named on the death certificate
- Tag number to transfer and proof of FL insurance if registering
- Proof of valid ID