What Happens to Your Vehicle When You Die

Intestate

If the deceased person died intestate (without a Last Will), the required documentation includes:

• The completed application for  the certificate of title;
  • This can be found on the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) website
• The certificate of title or other satisfactory proof of ownership or possession;
• An affidavit that the estate is not indebted; and
• An affidavit that the surviving spouse, if any, and the heirs, if any, have agreed on how the estate assets will be divided

Testate

If the deceased person died testate, (with a Last Will), the application should be made by the personal representative of the estate and must include:

• The completed application for the certificate of title
  • As mentioned above, the form can be found on the FLHSMV website
  • The certificate of title or other satisfactory proof of ownership or possession;
  • If the will is being probated, a certified copy of the will and an affidavit that the estate is not indebted; or
  • If the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted.

Probate may only be avoided if the estate is not indebted. If the deceased person had any debts, the creditor claims must first be resolved either by the formal administration of the estate or by the payment of the claims outside the probate proceeding.

Conclusion

Assets such as motor vehicles should be transferred to the appropriate recipients as soon as possible after a person passes away according to Florida law. These items generally depreciate in value as time goes on and may be a source of potential liability to the estate.