How to Sell an Inherited Vehicle in Florida

The Legal Path in Plain Language

When a vehicle owner passes away, Florida law (Section 319.28, Florida Statutes) allows ownership to transfer "by operation of law," which covers inheritance. In practice, that means an heir or personal representative can apply for a new title with the right supporting documents. The exact paperwork depends on whether there was a will, and every family's situation is a little different, so treat this guide as a starting point, not legal advice.

If There Was a Will

The application generally includes a certified copy of the probated will and an affidavit that the estate is solvent with enough assets to pay its claims. If the will is not being probated, a sworn copy of the will plus an affidavit that the estate is not indebted may be accepted.

If There Was No Will

An heir can apply with an affidavit stating the estate is not indebted and that the surviving spouse and heirs have agreed on how the estate is divided. A copy of the death certificate is part of the package. The county tax collector's office can confirm exactly what they need for your case.

The Surviving Spouse Shortcut

If the vehicle was titled in both spouses' names, the surviving spouse can use Form HSMV 82152 to remove the deceased co-owner from the title. This transfer carries no state title fee. You will need the death certificate and proof of identity, plus the marriage certificate if the spouse's name is not on the death certificate.

Then Call Us

Once the title is in your name, selling works like any other sale. Review the paperwork checklist, then call (954) 787-5717. Describe your situation honestly and we will tell you exactly what we need. We handle inherited vehicles regularly and with care.