How to sell a car after the owner dies in Florida.
The vehicle can usually still be sold — the steps depend on how the title was held and whether the estate is in probate. Here's how it generally works.
When a loved one passes away in Florida, their vehicle can usually still be sold — but the exact steps depend on how the title was held and whether the estate is going through probate. Here's the plain-English version.
First, how was the title held?
The single biggest factor is whose names are on the title and how they're joined:
- Jointly, with “or” between the names — the surviving owner can usually transfer or sell without probate.
- Jointly, with “and” between the names — both signatures were generally required, so the deceased owner's share typically passes through their estate.
- Solely in the deceased person's name — the vehicle passes through the estate, though Florida offers a streamlined path in many cases (below).
Joint-title wording can be subtle, and we're not attorneys — your attorney or the county tax collector can confirm which applies to your title.
Transferring without full probate (Statute 319.28)
Florida law (Statute 319.28) allows a vehicle to transfer without an order of the probate court in many situations — for example when the estate isn't indebted and the heirs are in agreement. In practice, you file with the county tax collector: the original title, an application for title (form HSMV 82040), a copy of the new owner's photo ID, and a sworn affidavit that the estate is not indebted, as provided in Statute 319.28. A surviving spouse often uses the simplified form HSMV 82152.
If there was a will, a certified or sworn copy plus a solvency affidavit are typically required. County fees vary.
When formal probate is needed
If the estate is indebted, the heirs don't agree, or the situation is contested, the vehicle may need to move through formal probate — and the personal representative would sell it under letters of administration. This is where your attorney comes in, and where we coordinate directly with them.
How we make this simple
We handle estate vehicle sales every week. We coordinate directly with your attorney or the estate's personal representative at no charge, prepare the paperwork correctly on our end, and give you a clean written record for the estate file — a fair written offer, a bill of sale, an odometer disclosure, and a payment record. Out-of-state family can do everything by phone and email. See our estate & probate page for more.
Last updated: July 15, 2026.
Straight answers.
Can we sell the car if the owner has passed away?
Usually yes. The path depends on how the title was held and whether the estate is in probate. When the estate has no debts, Florida often allows transfer without formal probate using an affidavit under Statute 319.28. We'll coordinate with your attorney and handle the paperwork.
Which Florida forms are involved?
Commonly the title application (HSMV 82040) and, for a surviving spouse, the simplified HSMV 82152, along with the original title and a sworn affidavit that the estate is not indebted. Requirements vary by situation — confirm with your county tax collector.
I'm an out-of-state heir or executor — can this still work?
Yes. We handle out-of-state families regularly; everything can be arranged by phone and email with you on the line, and you'll get the full written record for the estate file.
We'll make the vehicle the easy part.
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