Sahvelo

Transferring a vehicle in Florida after someone dies

Florida does not have a transfer-on-death (TOD) statute for vehicles and does not have a small-estate affidavit procedure. The operative paths are joint tenancy with right of survivorship on the title, summary administration through the Florida probate courts (§735.201), or formal administration with Letters of Administration. Use “On this page” to jump straight to the part that matches your situation.

Short answer

Start with where the vehicle is titled, not where the person lived: the title state decides which agency's process applies. Then read the title itself. Florida requires survivorship to be declared: where the title says “with right of survivorship” or “JTWROS” the surviving co-owner takes by operation of law, and without those words a co-owned title is presumed tenancy in common.

Otherwise the vehicle moves through probate, and which kind is the decision worth making early. Summary Administration is the simpler procedure and is open where the estate subject to administration, less exempt property, is $75,000 or less — or at any value once the death is more than two years old. Formal Administration under Chapter 733 is what is left.12•

Verified where marked — Florida:

State Florida

The procedure is set by the state that issued the title, not by where the owner lived.

Sahvelo publishes 50 states for this topic. If the title came from another state, that state's motor vehicle agency is the authoritative source until we publish it. See what's published.

Paths
3 in this state

The paths this state offers

Every route Sahvelo has verified for transferring a vehicle after a death in this state, side by side. The guided questions identify which one applies to you.

Path When it applies Court involvement Tax owed Speed Authority
Joint tenancy survivorship Title shows JTWROS co-owners; Florida recognizes tenancy by entirety for spouses married at the time of acquisition None None Same day FL Stat. §319.41; common-law JTWROS / tenancy by entirety
Summary administration (Ch 735) Estate subject to administration, less exempt property, ≤ $75,000; OR more than 2 years since death, regardless of value Yes — Petition filed with county court where decedent resided; no Letters required None 2–4 weeks FL Stat. §735.201
Formal administration (Ch 733) Decedent's Florida probate estate exceeds §735.201 cap Yes — Letters of Administration from county circuit court None 4–8 months FL Stat. Chapter 733

Where is the vehicle titled?

Florida's procedures for transferring a vehicle after a death apply to vehicles titled in Florida. The state printed at the top of the paper title — not where the deceased lived — is what matters.

How to find where the title was issued

The paper title is a long-form document the HSMV mailed to the owner. At the top, the state of issuance is printed in the header. The registration card also shows the state that issued the title.

If the deceased's title is from a state other than Florida, see what to do if the vehicle is titled in another state below.

If two or more people are listed on the title

Florida recognizes joint tenancy with right of survivorship (JTWROS) for vehicles when the title explicitly declares it. Without explicit declaration, co-owned titles are presumed tenancy in common — the decedent's share passes through the estate, not to the co-owner by operation of law.

How to identify JTWROS on a Florida title

Look at the owner line on the front of the paper title. If it reads "with right of survivorship" or "JTWROS," the title is in JTWROS form. Otherwise, it is sole ownership or tenancy in common.

If JTWROS is on the title and one co-owner dies, the surviving co-owner takes the vehicle by operation of law under FL Stat. §732.603. The HSMV will issue a new title in the survivor's name upon presentation of the death certificate and the existing title.

What the surviving joint tenant needs to do

  1. Bring the Florida Certificate of Title to the HSMV.
  2. File form HSMV 82040 (Application for Certificate of Title With/Without Registration).
  3. Present a certified copy of the death certificate.
  4. Bring your ID. If the vehicle has a lien, ask the lender to file the lien satisfaction with FLHSMV once the loan is paid.

Summary Administration (FL Stat. §735.201)

Summary Administration is Florida's simpler probate procedure for small estates. It avoids the longer formal administration process when the estate qualifies.

When Summary Administration is available

Summary Administration is available on either of two independent grounds. The first is value: the estate subject to administration, less exempt property, does not exceed $75,000. The second is time: the decedent has been dead for more than 2 years, in which case Summary Administration is available regardless of the estate's value. Neither ground requires the other; the value ceiling applies only to the first. Homestead real property and property exempt from creditors' claims are excluded from the value computation, under $75,000.

For a vehicle alone, the value test usually turns on whether the decedent owned other property that would also need to be administered.

The Summary Administration procedure

  1. A Petition for Summary Administration is filed in the county where the decedent resided at death (or, for non-resident decedents, where the property is located).
  2. All interested parties (heirs, beneficiaries under a will if any, devisees) must receive formal notice.
  3. 30 days must have elapsed since the later of (a) date of death or (b) the date a creditor's claim could first be filed (§733.702).
  4. If the petition is granted, the court issues a Summary Administration Order that distributes personal property directly to the person entitled.
  5. The heir then presents a certified copy of the Summary Administration Order to the FL HSMV together with form HSMV 82040, the death certificate, and the existing title to complete the transfer.

The FL HSMV typically requires the certified Order to be issued within 60 days of presentation. After that window, the HSMV may require a re-certified copy.

Formal Administration (FL Stat. Chapter 733)

When the estate exceeds the Summary Administration threshold — or when the family chooses formal administration — the circuit court appoints a personal representative who signs the title transfer.

Testate vs. intestate

If the decedent left a will naming an executor, the court issues Letters Testamentary to that person (or to an alternate named in the will). If there is no will, the court appoints an administrator under FL Stat. §732.503 priority order and issues Letters of Administration.

What the personal representative does for the vehicle

  1. Sign the Florida Certificate of Title on behalf of the estate.
  2. File form HSMV 82040 at the FL HSMV.
  3. Present a certified copy of the Letters (Testamentary or Administration) — HSMV typically requires this to be certified within 60 days.
  4. Present the death certificate, the existing title (or an affidavit of lost title if the original is unavailable), and your ID.
  5. If the vehicle has a lien, ask the lender to file the lien satisfaction with FLHSMV once the loan is paid.

Formal Administration is more time-consuming and usually involves an attorney. For estates where Summary Administration is available, Summary Administration is the simpler path.

If there is no will (intestate succession)

If the decedent did not leave a will, Florida intestate succession law decides who is entitled to the vehicle. The intestate order is codified at FL Stat. §§732.102–732.111.

  • §732.102 — Spouse + descendants (share split depending on whether descendants are also descendants of the spouse).
  • §732.103 — Descendants only (no surviving spouse): per stirpes to all lineal descendants.
  • §732.104 — Parents (no spouse, no descendants): to surviving parent(s) equally.
  • §732.105 — Siblings (no spouse, no descendants, no parents): to surviving siblings or their descendants per stirpes.
  • §732.106 — More distant relatives.
  • §732.111 — Escheat to the state of Florida if no heirs can be located.

The intestate share calculation matters for both Summary Administration and Formal Administration — the person entitled under intestacy is the heir who receives the vehicle in the resulting court order.

What documents you may need

The exact documents depend on which path applies. Below is the canonical set; consult a Florida estate attorney or the FL HSMV directly if a document is unavailable or in unusual form.

  • Florida Certificate of Title (original or affidavit of lost title).
  • Certified copy of the death certificate.
  • Certified copy of Letters of Administration or Letters Testamentary (for Formal Administration); OR certified copy of Summary Administration Order (for Summary Administration); OR an affidavit of heirship acceptable to the HSMV (for some transfers).
  • FL HSMV Form HSMV 82040 (Application for Certificate of Title With/Without Registration), completed and signed.
  • Your valid ID.
  • Confirmation the lender has filed the lien satisfaction with FLHSMV, if applicable.
  • Odometer disclosure on most transfers, as required by federal law (49 USC §32705) and implemented via HSMV 82040.

What to do if there is a loan or lien on the vehicle

FLHSMV lists the lienholder on the title until the loan is paid in full and the lender files a lien satisfaction with the department. That filing is the lender's act, so the useful call asks when they will make it.

Contact the lender to confirm the payoff position and ask them to file the lien satisfaction with FLHSMV. Bring your other documents to the HSMV with the rest of the title paperwork.

What to do if the vehicle is titled in another state

Florida's Summary Administration, Formal Administration, and JTWROS procedures apply only to Florida-titled vehicles. If the vehicle is titled in another state, that state's motor vehicle agency is the right resource for the transfer procedure.

In some cases — for example, where the decedent was a Florida resident at death but owned real or significant tangible property in another state — ancillary probate in the other state may be required. An estate attorney licensed in the relevant state is the right resource for ancillary matters.

What to do, step by step

The order of operations for each path. Only one of these applies to you — the guided questions will say which.

Joint Tenancy With Right of Survivorship — Florida

When the FL title shows two or more co-owners as joint tenants with right of survivorship (JTWROS), the surviving co-owner takes the vehicle by operation of law without probate.

  1. First

    Confirm the FL title creates JTWROS

    Read the FL title to confirm the names are joined by "or" with language indicating right of survivorship (often "JTWROS" or similar). Florida recognizes survivorship language on a vehicle title the same way it recognizes survivorship on other property.

  2. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal; FL HSMV will not accept a photocopy.

  3. Anytime

    Complete FL HSMV Form 82040 (Application for Certificate of Title With/Without Registration)

    Submit FL HSMV Form 82040 to record the survivorship transfer on the FL title. Attach the existing FL title, the certified death certificate, and the surviving co-owner's ID.

  4. Anytime

    Federal odometer disclosure (49 USC §32705)

    49 USC §32705 requires an odometer disclosure on most transfers. The surviving co-owner should sign the odometer reading on Form 82040 or the title itself. Confirm with FL HSMV whether the survivorship transfer qualifies for any federal odometer exemption.

  5. First

    File at FL HSMV office or by mail

    Bring the FL title, certified death certificate, completed Form 82040 with odometer disclosure, your ID, and payment. FL HSMV issues a new title in the surviving co-owner's name only.

    Same day at HSMV office; 4–6 weeks by mail

Summary administration — Florida Statutes Chapter 735

When the estate qualifies under Florida Statutes Chapter 735 (settlement of estates without formal administration) and the vehicle is part of that estate, a beneficiary can use summary administration to transfer the vehicle without a full Florida probate.

  1. Anytime

    Confirm the estate qualifies for summary administration under Chapter 735

    Read Florida Statutes Chapter 735 for the current eligibility rules and the dollar/time limits. Summary administration is typically available when either (a) the estate's value is below the statutory limit, or (b) more than two years have passed since the date of death. A Florida probate attorney can confirm eligibility.

  2. After the petition is granted

    File a petition for summary administration with the Florida Clerk of Court

    Petition the Clerk of Court in the county where the deceased resided (or where the property is located, for non-resident decedents) for summary administration. The court issues an order distributing the estate, including the vehicle, to the beneficiaries.

  3. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  4. Anytime

    Get the certified copy of the court order of summary administration

    The Clerk issues a certified copy of the summary administration order. FL HSMV requires a certified copy of the order to transfer the vehicle.

  5. Anytime

    Complete FL HSMV Form 82040 — transfer by summary administration

    Submit FL HSMV Form 82040 with the certified court order, the existing FL title, and the certified death certificate. The order lists the beneficiary entitled to the vehicle.

  6. Anytime

    Federal odometer disclosure (49 USC §32705)

    49 USC §32705 requires an odometer disclosure on most transfers. The beneficiary (or transferor) should sign the odometer reading on Form 82040 or the title itself.

  7. First

    File at FL HSMV office

    Bring the FL title, certified death certificate, certified court order, completed Form 82040 with odometer disclosure, your ID, and payment.

    Same day at HSMV office; 4–6 weeks by mail

Formal administration — Florida Statutes Chapter 733

When the estate does not qualify for summary administration or for JTWROS, the personal representative transfers the vehicle using Letters of Administration issued by the Florida probate court.

  1. After the petition is granted

    Petition the Florida Circuit Court for formal administration (Chapter 733)

    File a petition for formal administration with the Circuit Court in the county where the deceased resided. The court appoints a personal representative and issues Letters of Administration (intestate) or Letters Testamentary (testate).

  2. Anytime

    Confirm succession under Florida Statutes Chapter 732 (Descent and Distribution)

    If intestate, Florida Statutes Chapter 732 governs who inherits. The personal representative has authority to transfer estate property (including the vehicle) to the heirs or to a buyer, subject to creditor claims.

  3. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  4. Anytime

    Get the certified Letters of Administration (or Letters Testamentary)

    The Clerk issues a certified copy of the Letters. FL HSMV requires a certified copy of the Letters to transfer the vehicle.

  5. Anytime

    Complete FL HSMV Form 82040 — transfer by personal representative

    Submit FL HSMV Form 82040 with the certified Letters, the existing FL title, and the certified death certificate. Sign as personal representative.

  6. Anytime

    Federal odometer disclosure (49 USC §32705)

    49 USC §32705 requires an odometer disclosure on most transfers.

  7. First

    File at FL HSMV office

    Bring the FL title, certified death certificate, certified Letters, completed Form 82040 with odometer disclosure, your ID as personal representative, and payment.

    Same day at HSMV office; 4–6 weeks by mail

Documents and forms

Each name below links to the official form or the agency page that issues it.

Needed on every path

Needed on some paths

Where and how to file

  • In person

    Any FL HSMV office or county tax collector serving as agent

    Bring the FL title, certified death certificate, the applicable court order (summary administration) or Letters (formal administration), the completed Form 82040 with federal odometer disclosure, your government ID, and payment for fees. FL HSMV (or its agent county tax collector) processes the title transfer at the counter.

    Find an office

    Same day at an HSMV office or tax collector agent

    Applies to every path

  • By mail

    FL HSMV Title Section (mailing address on Form 82040)

    Mail the FL title, certified death certificate, the applicable court order or Letters, completed Form 82040 with odometer disclosure, a copy of your ID, and a check or money order for fees to the address printed on Form 82040. Use certified mail with return receipt so you can prove delivery if FL HSMV flags the file.

    4–6 weeks typical mail processing

    Applies to every path

What it costs

Fees change, and the agency's own schedule is the only current source. Where Sahvelo cannot verify a fixed amount, it links the schedule rather than quoting a number.

FeeAmountNotesFee schedule
FL HSMV title transfer fee Published by the agency See the authoritative FL HSMV fee schedule for the current title-transfer fee. The exact amount changes — verify before filing. Current fee schedule
FL HSMV vehicle registration fee Published by the agency Registration fee varies by vehicle type, weight, and county; see the authoritative FL HSMV fee schedule for the current amount. Current fee schedule
FL HSMV duplicate title fee Published by the agency Required only if the original FL title is lost. See the authoritative FL HSMV fee schedule for the current duplicate-title amount. Current fee schedule

After you file

  • FL HSMV (or the county tax collector agent) reviews the package, runs the statutory checks (lien, ownership, identity, federal odometer disclosure, court-Letters authentication where applicable), and either issues a new FL title in the new owner's name or returns the package with a written explanation of what is missing.

    How long
    Same day at an HSMV office or tax collector agent; 4–6 weeks by mail
    What you get
    A new Florida certificate of title in the new owner's name.

    Applies to every path

  • Florida vehicle registrations are renewed annually. After the title is transferred, the new owner must register the vehicle in their name and pay the annual registration fee (typically by the renewal date). FL HSMV sends a renewal notice to the address on file.

    How long
    Annual cycle
    What you get
    FL registration renewal notice (annual).

    Applies to every path

If your situation doesn't fit one of these paths

Common complications, and what each one changes.

  • What if the FL title can't be found?

    If the paper FL title has been lost, stolen, or destroyed, FL HSMV will not process the death-transfer paperwork on its own. You need to get a duplicate FL title first, then proceed with the transfer.

    Apply for a duplicate FL title from FL HSMV before you file the death-transfer paperwork. The duplicate-title process is separate from the death-transfer process and has its own fee.

    FL HSMV — Forms (Form 82040 and duplicate title) The authoritative FL HSMV forms page — includes the duplicate-title application.

  • What if there's an outstanding lien on the vehicle?

    If the deceased still owed money on the vehicle (a car loan, a mechanic's lien, or any recorded lien on the FL title), FL HSMV will not transfer the title until the lien is satisfied or released.

    Contact the lienholder for a lien release (typically a signed lien satisfaction on the title itself, or a separate lien-release letter). You cannot use the JTWROS survivorship or summary administration routes to clear a lien — the lien must be released by the lienholder first.

    Situations like this one usually need Probate or debt-resolution attorney may be needed.

  • What if the estate doesn't qualify for summary administration under Chapter 735?

    Florida Statutes Chapter 735 only authorizes summary administration when the estate meets its eligibility rules (typically a value cap or a two-year-post-death window). If the estate doesn't qualify, the personal representative must use formal administration under Chapter 733 instead.

    Read Florida Statutes Chapter 735 for the current eligibility rules. If summary administration is not available, petition the Florida Circuit Court for formal administration. A Florida probate attorney can advise on the right route.

    Situations like this one usually need Florida probate attorney.

    Florida Statutes Chapter 735 (statute text) Read the statute for the current eligibility rules and the limit on summary administration.

  • What if the vehicle is titled in another state, not Florida?

    The state where the vehicle is titled decides which process applies — not the deceased's home state. If the deceased lived in FL but the vehicle is titled elsewhere, you must use that other state's death-transfer process to move the title first; then register in FL if the new owner is a FL resident.

    Find out which state issued the current title (look at the title document itself), then use that state's death-transfer process. After the out-of-state transfer completes, register the vehicle in FL with Form 82040 if the new owner wants FL plates.

    Situations like this one usually need Out-of-state title specialist if complex.

    FL HSMV — Forms (Form 82040 for registration in FL) The authoritative FL HSMV forms page — use Form 82040 to register an out-of-state vehicle in FL.

  • What if more than 2 years have passed and Chapter 735's summary administration window has closed?

    Florida Statutes Chapter 735 (§735.201) summary administration requires that the personal representative petition within 2 years of the decedent's death (or that 2 years have passed since death with no probate opened). If 2+ years have passed AND no summary petition was filed, you must use formal administration under Chapter 733.

    Verify the 2-year window from the date of death. If expired, file a formal administration petition under Florida Statutes Chapter 733 in the Circuit Court of the county where the deceased resided. A Florida probate attorney can advise on the right petition type and required documents.

    Situations like this one usually need Florida probate attorney.

    Florida Statutes Chapter 735 (§735.201) Read the statute for the current eligibility rules and the 2-year summary administration window.

  • What if the vehicle is titled in the deceased's name but a survivor has been the primary driver?

    If the FL-titled vehicle is in the deceased's sole name but a family member has been the primary driver, FL §319.41 does NOT automatically transfer title based on use or possession. The title remains in the deceased's name until FL HSMV processes a death-transfer — which requires either summary administration (Ch 735), formal administration (Ch 733), or another qualifying route (e.g., JTWROS on the title).

    Driving a vehicle titled in a deceased person's name is legally risky (insurance, liability, sale). The survivor must complete a death-transfer at FL HSMV before any further use, sale, or registration. Use the JTWROS survivorship route if the title has it, summary administration (Ch 735) if the estate qualifies, or formal administration (Ch 733) otherwise.

    Situations like this one usually need Florida probate attorney.

    Florida Statutes §319.41 (Certificates of title) Read the statute for FL title requirements and the transfer process.

  • What if the vehicle is titled in another state but the deceased was a FL resident — does federal odometer disclosure apply?

    When the deceased was a FL resident but the vehicle is titled in another state, the title-transfer process starts in the other state. However, when the vehicle is later registered in FL, federal odometer disclosure (49 USC §32705) applies if the vehicle is less than 10 model years old. The FL HSMV registration (Form 82040) may require an odometer disclosure on the title.

    First, complete the title-transfer process in the state where the vehicle is titled (not FL). When the title is in the new owner's name, register the vehicle in FL with Form 82040. If the vehicle is less than 10 model years old, include the federal odometer disclosure (49 USC §32705) on the title document — required for FL registration. The FL HSMV odometer-fraud statute (§319.25) complements the federal rule.

    Situations like this one usually need Out-of-state title specialist if complex.

    49 USC §32705 (Federal odometer disclosure) Read the federal statute for odometer disclosure requirements on vehicle title transfers.

Questions people ask about this

What the terms mean

12 terms used on this page, defined from the statute
Decedent
The person who has passed away. Florida Probate Code §731.201(11) defines "decedent" as the person whose property is being administered. On Florida vehicle-title-transfer paperwork, the decedent is the previous titled owner whose interest is passing to the heir, devisee, or surviving joint tenant. Fla. Stat. §731.201(11) — primary source
Heir
Under Florida Probate Code §731.201(20), an "heir" is a person who is entitled to share in the intestate estate of a decedent. The Florida intestate succession order is in Fla. Stat. §§732.102 through 732.111: surviving spouse, descendants, parents, siblings, more distant relatives, then escheat to the state. The person who receives the vehicle under intestacy is the heir. Fla. Stat. §731.201(20), Fla. Stat. §732.102 — primary source
Personal representative
Under Florida Probate Code §731.201(26), the "personal representative" is the person appointed by the court to administer a Florida estate — either the executor named in a will (issued Letters Testamentary) or the administrator appointed for intestate estates (issued Letters of Administration). On a Florida vehicle-title-transfer, the personal representative has authority to sign the title on behalf of the estate. Fla. Stat. §731.201(26), Fla. Stat. §733.301 — primary source
Letters of administration
The document issued by a Florida probate court under Fla. Stat. §733.302 that gives the personal representative authority to act on behalf of an intestate estate (one without a will). Required for a Florida vehicle-title-transfer under formal administration when the decedent died intestate. Fla. Stat. §733.302 — primary source
Summary administration
A streamlined Florida probate procedure under Fla. Stat. §735.201 available when the decedent's Florida probate estate (excluding homestead and exempt property) does not exceed $75,000, OR more than 2 years have elapsed since death, in which case no value ceiling applies. Requires filing a Petition for Summary Administration and 30-day creditor-claim wait (§733.702). On a Florida vehicle-title-transfer, summary administration is the lower-cost alternative to formal administration. Fla. Stat. §735.201, Fla. Stat. §733.702 — primary source
Formal administration
The full Florida probate procedure under Fla. Stat. Chapter 733 used when the estate exceeds the summary administration thresholds (§735.201) or when the family chooses full probate. The court appoints a personal representative who receives Letters of Administration (§733.302) and has full authority to administer the estate, sell assets, and distribute to heirs or devisees. Fla. Stat. Chapter 733, Fla. Stat. §733.302 — primary source
Order of summary administration
The Florida probate court's written order under Fla. Stat. §735.303 that grants summary administration and directs distribution of the decedent's personal property (including any vehicle) to the persons entitled. Once issued, the order can be presented to the FL HSMV with form HSMV 82040 to transfer a vehicle title. Fla. Stat. §735.303 — primary source
Joint tenancy with right of survivorship (JTWROS)
A form of Florida co-ownership under Fla. Stat. §732.603 (right of survivorship) where the surviving co-owner takes the entire vehicle title automatically on the death of the other co-owner. Florida requires explicit declaration on the title — "with right of survivorship" or "JTWROS" — for survivorship to apply; without it, co-owned property is presumed tenancy in common. Fla. Stat. §732.603, Fla. Stat. §319.41 — primary source
Intestate / Testate
"Intestate" means the decedent died without a valid will; Florida's intestate succession statute (Fla. Stat. §§732.102 through 732.111) determines who inherits the estate. "Testate" means the decedent left a valid will executed in compliance with Fla. Stat. §732.502 (formal will, witnessed) or Fla. Stat. §732.503 (holographic will — entirely in the testator's handwriting, signed by the testator). Distinct paths to the same vehicle. Fla. Stat. §732.102, Fla. Stat. §732.502 — primary source
Certified copy of death certificate
An official certified copy of the death certificate issued by the Florida Department of Health (or the equivalent authority of another state), with a raised seal, that the FL HSMV requires to process a vehicle title transfer after death. Fla. Stat. §382.025 governs Florida death registration. The HSMV will not accept a photocopy or a non-certified copy. Fla. Stat. §382.025 — primary source
HSMV Form 82040 (Application for Certificate of Title)
The Florida Highway Safety and Motor Vehicles universal title application form. Required for any FL vehicle title transfer, including post-death transfers under JTWROS survivorship (§732.603), summary administration (§735.303 order), or formal administration (§733.302 letters). Available on flhsmv.gov. Fla. Stat. §319.41 — primary source
Small estate (Florida summary administration cap)
A Florida estate that qualifies for Summary Administration under Fla. Stat. §735.201 — either because the estate subject to administration, less exempt property, does not exceed $75,000, or because the decedent has been dead for more than 2 years, in which case no value ceiling applies. Estates within these caps can use summary administration instead of full formal administration, reducing cost and time. For vehicles alone, the threshold is usually met unless the estate also includes substantial other personal property. Fla. Stat. §735.201 — primary source

See the full glossary across every state

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Sahvelo gives information drawn from statutes, agency guidance and official forms. It is not legal advice for your particular situation. Terms & disclaimer.

Sources

Every claim on this page is traceable to a primary source. The verification ladder and the re-verification cadence are documented on the About Sahvelo page.

  1. Florida Statutes Chapter 732 (Intestate Succession and Wills)

    Intestate succession order (§§732.102–732.111); right of survivorship (§732.603); priority for Letters of Administration (§§732.501–732.515).

    flsenate.gov Checked 2026-08-09

  2. Florida Statutes Chapter 735 (Small Estates)

    Summary Administration thresholds ($75,000 / $75,000 with 2-year lapse), petition procedure, eligible estates. Effective July 1, 2019 amendment.

    flsenate.gov Checked 2026-08-09

  3. Florida Statutes Chapter 733 (Probate Code: Administration of Estates)

    Formal administration procedure; §733.702 (claims-filing window); Letters of Administration issuance.

    flsenate.gov Checked 2026-08-09

  4. FL HSMV Form 82040 — Application for Certificate of Title With/Without Registration

    Application for Certificate of Title With/Without Registration. Universal FL title application; required for any title transfer including post-death transfers.

    flhsmv.gov Checked 2026-08-09

  5. Florida Statutes Chapter 319 (Certificates of Title)

    Title-transfer requirements; affidavit of lost title provisions.

    flsenate.gov Checked 2026-08-09

  6. 49 U.S.C. §32705 (Federal odometer disclosure)

    Federal odometer disclosure on vehicle transfers; implemented by FL HSMV on form HSMV 82040.

    uscode.house.gov Checked 2026-08-09

Sources last reviewed 2026-08-09. Sources are re-checked on a schedule, and this date changes when they are. Where a source is marked pending re-verification, the page says so wherever the claim appears.

Related from the Sahvelo Journal: What Happens to a Car When Someone Dies?

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