Selling a Car in Florida: The Complete Guide to Transferring a Title in Florida After Death or Sale

Selling a car in Florida involves a formal transfer of the motor vehicle title to ensure the buyer acquires a marketable title and the seller is released from liability.

This process requires a properly endorsed Florida title, accurate sales price entry, and submission to the county tax collector within 30 days to avoid penalties.

Ensuring compliance with title in Florida requirements is especially important in Florida probate matters involving vehicle transfers and Florida title corrections.

At Lorenzo Law, we often see families overwhelmed by the paperwork required for a title in Florida after a loved one passes away.

Navigating the intersection of probate law and DMV regulations is critical to avoid the legal trap known as “title jumping.”

Whether you are a private seller or a personal representative, understanding how a motor vehicle title moves from one hand to another is essential for protecting your interests.

What You Need to Know About Transferring a Florida Title

A Florida title is the primary legal document proving ownership of a vehicle. When selling a car in Florida, you are not just exchanging cash for keys; you are legally obligated to record the transfer with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Properly managing this document ensures the buyer can register the car and the seller avoids “title floating”—a situation where a car is sold multiple times without the title being updated, leaving the original owner legally responsible for accidents or tickets.

Who This Guide Is For

This guide is designed for:

Private Sellers: Individuals engaging in a private or casual sale.
Heirs and Surviving Spouses: Those needing to transfer a title in Florida after an owner dies.
Personal Representatives: Court-appointed officials managing the sale of estate vehicles.

Where and When These Rules Apply

These rules apply to any motor vehicle or mobile home titled in the state of Florida.

The transfer must be initiated immediately upon sale, and the seller must file a notice of transfer and release of liability florida (Form HSMV 82050) within 30 days of the transaction to effectively “sever” their legal connection to the vehicle.

Understanding “Title Jumping” and Its Consequences

One of the most common mistakes we see at Lorenzo Law is title jumping (also known as title floating). This occurs when a person buys a vehicle and then sells it to someone else without ever titling it in their own name.

Is Title Jumping a Felony in Florida?

In many cases, title jumping is a misdemeanor of the first degree, punishable by up to one year in jail and a $1,000 fine.

However, if the act involves intentional fraud, such as forging a signature or tampering with a vehicle identification number (VIN), it can escalate to car title fraud, which may be charged as a third-degree felony carrying up to five years in prison.

Why People Jump Titles (and Why You Shouldn’t)

Sales Tax Avoidance: Buyers try to skip paying the required sales tax on their purchase.
Hiding Ownership: Sellers try to avoid leaving a paper trail in the vehicle’s ownership history.
Licensed Dealer Evasion: Unlicensed individuals acting as a licensed motor vehicle dealer jump titles to stay under the radar of state regulations.

Critical Steps for a Florida Motor Vehicle Title Transfer

A Florida motor vehicle title must be properly transferred through a formal endorsement on the certificate of title and filing with the county tax collector to ensure the person acquiring the vehicle obtains a marketable title.

This process includes paying necessary registration fees, verifying the vehicle’s ownership history, and submitting a notice of transfer to sever the seller’s civil liability.

How to Correctly Handle a Certificate of Title for Two or More Owners

In our experience with Florida courts, the presence of two or more owners on a certificate of title significantly changes the requirements for a properly transferred title.

If the owners’ names are joined by “OR,” Florida law grants each owner thereof the absolute right to dispose of the motor vehicle; thus, the signature of just one owner on the paper title will constitute proper endorsement.

However, if the names are joined by “AND,” then both the buyer and all sellers must sign the title properly endorsed for a bona fide sale. In probate cases where a co-owner has passed, the person acquiring the interest must ensure the title thereto pursuant to state law is handled by his or her personal representative if “rights of survivorship” are not explicitly stated.

The Severe Legal Consequences of Title Jumping in Florida

We often see individuals attempt to avoid title jumping by passing a title duly issued to a third party without ever titling such vehicle in their own name.

This practice, known as title jumping or floating, has serious legal consequences in Florida.

Under Florida Statute 319.22, it is illegal to transfer a title in Florida when the purchaser’s name does not appear; any person who willfully does so to commit fraud commits a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.

Beyond criminal penalties, failing to ensure the title is properly transferred can lead to significant civil liability for the original owner.

If such person has not delivered possession thereof and filed the form prescribed for a notice of sale, they may remain responsible for accidents or damages caused by such motor vehicle.

Essential Requirements to Ensure Your Vehicle Title is Properly Transferred

To acquire marketable title, the seller and buyer must complete the completed paperwork in the appropriately labeled place on the certificate of title.

Verifying Ownership History: Potential buyers should always check the vehicle’s ownership history and ensure the seller’s identity matches the name on the title in Florida.
Handling Missing Titles: If the original document is lost, such owner must apply for a duplicate title (Form HSMV 82101) before a private sale can proceed.
Registration and Fees: The buyer must submit the registration documents and pay all applicable fees and registration fees at the tax collector’s office within 30 days.
Corporate Owners: If the seller is a business, their federal employer identification number must be included on the separate form (HSMV 82040).
Mailing Documentation: Documents can be delivered in person or placed in the United States mail addressed to the department to satisfy the notice requirements.

Glossary of Key Florida Title Terms

Marketable Title: A title free from liens or legal disputes that can be legally sold.
Personal Representative: A person appointed by a probate court to manage a decedent’s estate.
Letters of Administration: The court document giving a personal representative authority to sign a Florida title.
Joint Tenancy: Ownership by two or more persons where the interest passes to the survivor automatically.
Open Title: A title signed by the seller where the buyer’s information is left blank; this is illegal to have an open title in Florida.

Co-Ownership Rules: “And” vs. “Or”

When two names on car title appear, the conjunction used determines how the vehicle can be sold.

Feature	Ownership with “OR”	Ownership with “AND”
Signatures Required	Only one owner needs to sign.	Both the buyer and all sellers must sign.
Death of an Owner	Survivor becomes sole owner automatically.	Requires a personal representative or heir to sign.
Attorney Recommendation	Use for spouses for ease of transfer.	Use when you want to prevent a co-owner from selling without consent.

Navigating the Intersection of Florida Probate and Motor Vehicle Titles

When a motor vehicle owner passes away, the title in Florida is technically frozen until a personal representative or a legal heir provides a properly endorsed certificate of title or a court order to the county tax collector.

Failure to follow these legal procedures results in an “open title,” which prevents the buyer from acquiring marketable title and may lead to criminal penalties for title jumping.

How a Personal Representative Secures the Right to Sell

In our experience with Florida probate courts, a personal representative cannot simply sign a deceased person’s name to a motor vehicle title.

Instead, they must obtain Letters of Administration, which serve as the court’s official authorization for such person to act on behalf of the estate.

To ensure a properly transferred title, the personal representative must sign the certificate of title in their official capacity and provide a certified copy of their letters to the person acquiring the vehicle.

When to Use Summary Administration for a Faster Title Transfer

If the total value of the estate is less than $75,000, we often recommend a Petition for Summary Administration. This process allows the court to issue a specific order directing the FLHSMV to transfer the vehicle title directly to a bona fide sale purchaser or an heir.

For a properly transferred result, the petition must include the Vehicle Identification Number (VIN) and the selling price, allowing the county tax collector to verify the vehicle’s ownership history and collect any unpaid fees or registration fees.

Legal Consequences of Skipping the Probate Process

Attempting to avoid title jumping by selling a car with a deceased person’s signature can lead to severe legal consequences.

Under Florida Statute 319.22, anyone who knowingly violates title transfer laws with intent to commit fraud commits a misdemeanor.

Furthermore, until the title is properly transferred out of the decedent’s name, the estate may retain civil liability for the vehicle.

Using the suitable language in an HSMV 82040 (Section 13) affidavit or a probate order is the only way to ensure the seller is fully released from liability and the buyer receives a duly issued title.

Deep Dive: The Florida Probate Process for Vehicles and Estates

The probate process for vehicles in Florida is governed by Florida Statute 319.28, which dictates how a car title is transferred after death.

Whether an estate requires formal administration or qualifies for a small estate car title shortcut, understanding exempt property rules is essential to ensure a properly transferred Florida title and avoid unnecessary legal delays.

How Florida Probate Court and Car Titles Intersect

In our experience with Florida courts, the Florida probate vehicle title transfer depends heavily on the total value of the estate and the nature of the deceased owner’s debts. For many families, the most important rule to understand is exempt property vehicle Florida.

Under Florida Statute 732.402, up to two motor vehicles that were regularly used by the deceased or their immediate family are classified as Florida probate exempt automobiles.

This means these cars are protected from most creditors and estate car sale Florida claims, allowing them to pass directly to a surviving spouse or children.

When a car in probate estate Florida is not exempt, the court must be involved. We often see families confused by the two main types of court oversight:

Summary Administration Car Florida: This is a streamlined Florida small estate car title process available if the total estate value (excluding exempt property) is less than $75,000 or the owner has been deceased for more than two years. In these cases, we help clients obtain an order of summary administration vehicle Florida, which serves as the “green light” for the Florida tax collector probate title transfer.
Formal Administration Vehicle Florida: For larger or more complex estates, a formal administration vehicle Florida process is required. In this scenario, the court appoints a personal representative selling car Florida (sometimes referred to as a Florida executor car sale). This individual is the only one with the legal authority to sign the certificate of title on behalf of the estate.

Transferring a Title Without a Formal Court Case

Many clients at Lorenzo Law ask what happens to a car when someone dies in Florida if there is no will car title transfer Florida required. Florida law provides a few non-probate transfer options:

Rights of Survivorship Vehicle Florida: If the Florida title was held as joint ownership car probate Florida with the word “OR,” the surviving owner can often handle the DMV probate title transfer Florida by simply providing a Florida death certificate car title transfer.
Beneficiary Designation on Vehicle Florida: Florida now allows a transfer-on-death car title Florida. If the owner properly set up a beneficiary designation on vehicle Florida, the named person can transfer car from estate to heir Florida by presenting the death certificate to the tax collector.
Florida Trust-Owned Vehicle Probate: For clients focused on estate planning for vehicles Florida, placing a vehicle in a revocable trust car title Florida is a powerful way of avoiding probate for car in Florida.

Essential Florida HSMV Probate Forms and Formalities

To sell deceased owner’s car Florida or move it to an heir, you must use the correct Florida HSMV probate forms.

Affidavit of No Probate Florida Vehicle: If there is no will and the estate is not in debt, heirs can use the “Release of Heirs” section of Form HSMV 82040. This heirship affidavit for car Florida must be signed by all rightful heirs to confirm they agree on who should receive the title.
Florida Intestate Estate Car: If the owner died without a will, the Florida intestate estate car laws dictate who inherits the vehicle.
Lien Issues: Be aware of Florida probate liens and vehicle titles. If a car has a loan, the lien must be satisfied before the Florida estate car title transfer can be finalized.

Dealing with car title issues in Florida probate can be frustrating during an already difficult time.

Whether you need a Florida probate attorney for vehicle title issues or help selling a car from a Florida estate, our firm ensures that all non-probate transfer of vehicle Florida options are explored first to save you time and money.

Handling a Title in Florida After an Owner Dies

When a motor vehicle owner dies, the car becomes part of the estate. How you proceed depends on whether a will exists and if the estate is being probated.

Transferring Title Without Probate (HSMV 82040 Section 13)

If the estate is not in debt, Florida law allows heirs to use the “Release of Heirs” section on Form HSMV 82040.

Requirements: A copy of the death certificate, an affidavit that the estate is not indebted, and the agreement of all heirs.
Surviving Spouse Benefit: A surviving spouse can often transfer the title for free using Form HSMV 82152.

When Formal Probate is Required

If the vehicle’s value is high or there are creditors, you may need a Petition for Summary Administration or Formal Administration.

In these cases, the court will issue Letters of Administration, and only the personal representative can sign the title.

Essential Steps for Selling a Car in Florida

Complete the Title Certificate: The seller must sign the title certificate signed in the “Transfer of Title by Seller” section.
Enter the Sales Price: The seller’s price must be entered in the designated box; failure to do so will cause the tax collector to reject the transfer.
Verify the Buyer’s ID: Record the buyer’s personal or business identification, such as a Florida identification card number.
File the Notice of Sale: Submit Form HSMV 82050 to the relevant authorities to ensure you are no longer liable for the vehicle.
Remove the License Plate: In Florida, the plate stays with the seller, not the car.

Navigating the Formalities of a Florida Certificate of Title Transfer

To properly complete a title transfer in Florida, the seller must enter the final selling price in the appropriately labeled place on the certificate of title to ensure the county tax collector can calculate the correct sales tax.

Under Florida Statute 319.22, failure to disclose the full first name and middle initial of the purchaser on the paper title can lead to the rejection of the registration documents and potential legal consequences for both parties.

How Title Jumping Occurs in Private Mobile Home Sales

In our practice at Lorenzo Law, we frequently see cases where title jumping occurs because a party attempts to skip the formal estate administration required for a mobile home sold by an estate.

Whether it is a standard vehicle or a double-wide, mobile home ownership is evidenced by a title duly issued by the department; if that document is not updated to the current owner before the next sale, the chain of title is broken.

To legally acquire marketable title, the seller must provide valuable consideration—which Florida courts interpret broadly as money, services, or property of legally sufficient value—and ensure the selling price is accurately recorded to avoid unpaid fees or penalty fee assessments.

Essential Documentation for a Valid Motor Vehicle Transaction

A bona fide sale is not legally recognized by the courts unless it is supported by either the certificate of title or a duplicate title properly endorsed by the owner thereof.

When a vehicle is registered to two or more owners, both individuals share equal responsibility for the accuracy of the completed paperwork, including the odometer disclosure and the date of sale.

If the original such certificate is missing, the seller must adopt suitable language in a separate form (HSMV 82101) to apply for a replacement before the private sale can be finalized.

Failure to use the suitable language required by the FLHSMV can delay the issuance of a fast title and prevent potential buyers from obtaining their registration and fees receipts on time.

Finalizing the Transfer: Submission and Compliance Requirements

Once the title certificate signed by the seller is delivered, the buyer must submit the registration documents and pay all applicable fees at a service center within 30 days.

Identifying the Parties: The form prescribed requires the buyer’s full first name, middle initial, and last name to be printed clearly to match their Florida identification card number.
Mailing Instructions: Sellers who cannot visit a tax collector’s office in person may place the notice of sale in the United States mail addressed to the department to ensure they are shielded from civil liability.
Odometer Disclosure: Both the seller and the person acquiring the vehicle must sign the odometer reading section, choosing a status of actual, in excess, or not actual.
Lien Disclosure: If a lienholder is involved, their federal employer identification number or FEID must be recorded in the appropriately labeled place to ensure the lien is legally recognized.

Debunking Common Myths About Florida Vehicle Titles and Probate

At Lorenzo Law, we often encounter clients who are paralyzed by common misconceptions regarding inherited vehicles.

In Florida, a vehicle title does not always require a full probate court process; the law provides specific “fast-track” shortcuts for surviving spouses and estates without debt.

Understanding these distinctions can save your family months of unnecessary waiting and hundreds of dollars in registration fees.

Myth 1: “I must open a full probate case to sell my deceased parent’s car.”

The Reality: In many cases, probate is required only for vehicles titled solely in the deceased person’s name with no surviving co-owner or beneficiary. However, Florida Statute 319.28 allows the FLHSMV to transfer a title “by operation of law” without full probate if the estate is not in debt and all heirs agree. Heirs can often use the “Release of Heirs” section (Section 13) of Form 82040 to bypass the courtroom entirely.

Myth 2: “A Bonded Title is the best way to handle an inherited car with no paperwork.”

The Reality: While a bonded title is a useful tool for a private sale where a title was lost, it is typically not issued for vehicles acquired through inheritance in Florida. Instead, Florida requires heirs to follow specific deceased-owner procedures, such as applying for a duplicate title (Form 82101) alongside a certified copy of the death certificate and an affidavit of heirship.

Myth 3: “A Surviving Spouse has to pay full title fees to move the car into their name.”

The Reality: Florida law makes it easiest for a surviving spouse. As of 2022, if a title in Florida is in the name of the deceased spouse, the surviving spouse may request a free title replacement to change ownership into their name alone. This is a “no-fee” transfer, though standard registration and tag fees still apply if you plan to drive the vehicle.

Myth 4: “A ‘Clear Title’ means the estate debts have been erased.”

The Reality: Your debts do not die with you in Florida. While a clear title means there are no active liens on the vehicle itself, the estate is still legally required to settle outstanding bills. If the estate is insolvent, even an exempt vehicle might need to be sold by the personal representative to satisfy administrative costs or specific claims.

Myth 5: “I can skip the transfer and just sell the car using the old title.”

The Reality: Attempting to sell a car without first titling it in your name is title jumping, which is illegal in every state. In Florida, this is a misdemeanor that can escalate to a felony if you forge the deceased person’s signature. To ensure a proper title transfer, the heir or personal representative must first legally “flip” the title into their name or the name of the estate.

Frequently Asked Questions (FAQ)

Can a car title be in two names in Florida?

Yes, a florida title can list two owners on car title using “and” or “or” to define their rights.

What is a co seller on a title?

A co-seller is a second owner listed on the title. If the names are joined by “and,” their signature is mandatory for a proper title transfer.

Can a co purchaser register a car in florida?

Yes, a co-purchaser can be listed on the registration and title, provided they provide their personal or business identification and pay applicable fees.

What is the penalty for title jumping?

The penalty for title jumping is usually a first-degree misdemeanor, but can lead to felony charges if fraud is involved.

Is it illegal to have an open title?

Yes, it is illegal to have an open title. Both the buyer’s name and the sales price must be filled in before the seller signs.

Need Assistance with an Estate Vehicle Title in Florida?

At Lorenzo Law, we help families navigate the complex intersection of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the probate court system.

If you are struggling with a title in Florida after a loved one passes away, don’t risk the legal pitfalls of an “open title” or accidental title floating (also known as title jumping).

Protect Yourself from Title Jumping Penalties

Selling a car in Florida without first transferring the title into your own name is illegal and is known as title jumping.

While many ask, “is title jumping a felony in florida?“, it is generally a misdemeanor of the first degree.

However, it can escalate to a third-degree felony if the transaction involves intent to defraud, such as forging a signature on a certificate of title.

Legal Guidance for Complex Co-Ownership

We provide clarity on confusing co-ownership and probate questions, including:

What is a co seller on a title? A co-seller is an additional owner whose signature may be required for a proper title transfer depending on if the names are joined by “and” or “or”.
Can a car title be in two names in florida? Yes, and how those names are joined determines if the survivor automatically inherits the vehicle or if probate is required.
Two names on car title one dies: If the title says “OR,” the survivor typically takes ownership; if it says “AND,” the decedent’s interest must usually pass through probate.

Our team ensures you are legally protected by helping you file a notice of transfer and release of liability florida (Form HSMV 82050) to sever your civil liability immediately.

Florida Communities We Proudly Serve

Lorenzo Law provides dedicated representation across the entire state, including:

South Florida: Miami-Dade, Broward, and Palm Beach Counties.
Central Florida: Orange, Osceola, and Seminole Counties.
Tampa Bay: Hillsborough and Pinellas Counties.
North & Southwest Florida: Duval, Leon, Lee, Collier, and Sarasota Counties.

Contact Lorenzo Law Today. Don’t let a complicated title in Florida lead to criminal exposure. Call us or fill out our online form to review your specific probate requirements.