Updated November 8, 2026. Quick answer: in Florida the Highway Safety and Motor Vehicles procedure for a dead owner’s car (TL-18) turns on three things: the wording on the title, whether the survivor is a spouse, and whether an estate was opened. A surviving co-owner on a title marked with rights of survivorship completes the seller section; a surviving spouse gets a no-fee title; heirs of an estate that is not administered use the Release of Spouse or Heirs Interest section of Form HSMV 82040; and where an estate is administered the personal representative signs with the court’s letters.
The routes, in the order most families use them
- A co-owner with rights of survivorship. “Surviving co-owner receives all rights to the vehicle (even if the owner and co-owner are not married) due to the wording ‘WITH RIGHTS OF SURVIVORSHIP.’” “The ‘Transfer of Title by Seller’ section on the Florida Certificate of Title must be completed by the surviving co-owner. The assignment of Certificate of Title may be to anyone.” “A joint tenant (titled with ‘and’ along with the wording ‘with rights of survivorship’) cannot use a will to leave his or her share of the joint tenancy property (motor vehicle) to someone else.”
- A surviving spouse. “The surviving spouse may transfer the title without taking the title in his/her name.” “Documentation Required: An original or certified copy of the death certificate is mandatory; a copy of the marriage certificate is required unless the name of the surviving spouse is shown on the death certificate.”
- Heirs, with no administration. “When the application for a certificate of title is made by an heir of a previous owner who died intestate, it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate.” The department’s procedure lists what the heirs submit: “The ‘Release of Heirs’ section on form HSMV 82040 MV, HSMV 82040 VS, or HSMV 82040 MH, accurately completed by all the heir(s).” “A photocopy of the death certificate.” “The heir(s) receive the decedent’s interest in the motor vehicle. Either all heir(s) or any one of the heirs must have a Certificate of Title issued in their name.”
- A will that was not probated, or an attorney’s affidavit. “If the previous owner died testate, the application shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted.”
- An administered estate. “A photocopy of the Letters of Administration.” “The assignment of the Certificate of Title may be to anyone or to the ‘Estate of (Name of the Deceased).’” Where the letters appoint two or more personal representatives, the procedure cites section 733.615, Florida Statutes: a majority of them must sign on all acts in connection with the administration, unless the will specifies otherwise.
If the surviving owner is a spouse
What the agency’s own materials say about a surviving spouse:
- “A name cannot be added to the title at the time the Surviving Spouse Transfer is processed.”
- “A lien cannot be added to the title at the time the Surviving Spouse Transfer is processed.”
- “Common law marriages are not presently recognized in Florida.”
Forms and where to file
| Form | Name on the form | What the state says |
|---|---|---|
| HSMV 82040 | Application for Certificate of Motor Vehicle Title | Section 13 of the form is the Release of Spouse or Heirs Interest (if applicable). |
| HSMV 82152 | Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle | “An expedited title is available for a $10 fee.” |
| TL-18 | Florida Highway Safety and Motor Vehicles title procedure for a deceased owner (rev. 07/24) | “The surviving spouse may transfer the title without taking the title in his/her name.” |
Fees, tax and deadlines
- Title fee. Florida Statutes 319.32: “The department shall charge a fee of $70 for each original certificate of title”, and “There shall be a service charge of $4.25 for each application that is handled in connection with the issuance, duplication, or transfer of any certificate of title.”
- The surviving-spouse title. The department’s procedure says “No title or service fees may be charged. An expedited title fee of $10 may be charged if the surviving spouse requests a fast title.” Form 82152 adds “The registration fee associated with the removal of the surviving spouse’s name from the title was not included as a part of the no-fee title transfer.”
- Sales tax. Form 82040 has a sales and use tax certification that lists Inheritance among the reasons ownership is not subject to Florida sales and use tax. The form lets the applicant make the claim; the Department of Revenue decides what is owed.
- Deadline. The general transfer statute (Florida Statutes 319.23) says “In each case of transfer of a motor vehicle or mobile home, the application for a certificate of title, a corrected certificate, or an assignment or reassignment must be filed within 30 days after the delivery of the motor vehicle or after consummation of the sale of the mobile home to the purchaser. An applicant must pay a fee of $20, in addition to all other fees and penalties required by law, for failing to file such application within the specified time.”
Liens, odometer, plates and insurance
- Liens. The heirs’ document list includes “Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable.”
- Odometer. “If the Certificate of Title is conforming and the motor vehicle is not exempt from an odometer disclosure or declaration, the purchaser must also sign.”
- Plates. “A license plate may be transferred to the surviving spouse upon the death of the owner of a vehicle, unless the decedent owned a license plate that required a special status, such as a Disabled Veteran, Wheelchair, etc.”
- Where to file. “Please submit this form to your local tax collector office or license plate agency.”
Keep it or sell it
Whether the car stays in the family or is sold, the federal tax starting point is the same. Under 26 U.S.C. 1014(a)(1), property acquired from a decedent takes as its basis the fair market value of the property at the date of the decedent’s death. A later sale is therefore measured against the value at death, not against what the decedent paid, so a date-of-death value for the vehicle is worth writing down before the title moves. How that applies to your return is a question for a tax preparer; the vehicle is also often the small part of a larger estate, and the Florida probate cost page covers the rest of that picture.
What the state’s own pages do not settle
We read the agency’s pages, forms and the cited statutes on November 8, 2026. These points were not stated in them, so we do not state them either; confirm them with the office before you go:
- A transfer-on-death or beneficiary title: none of the Highway Safety and Motor Vehicles materials we read provides one. The only comparable wording is a life estate with a remainder person, where “Only the life estate person would be required to sign the application for title, as the remainder person would only be a beneficiary.”
- A dollar threshold, waiting period or notary requirement for the heirs’ release: Florida Statutes 319.28 states none, and Section 13 of Form 82040 has no notary line.
- Whether the 30-day filing rule applies to inherited vehicles.
- The state sales-tax rule text: we relied on the form’s own certification and did not publish an administrative rule we could not read at the Department of Revenue.
Common mistakes
- Leaving the car to someone in a will when the title says “with rights of survivorship”. “A joint tenant (titled with ‘and’ along with the wording ‘with rights of survivorship’) cannot use a will to leave his or her share of the joint tenancy property (motor vehicle) to someone else.”
Related: Florida small estate affidavit, Florida probate cost, deadlines after a death calculator, and car title after a death, by state.
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Answer againSources
- 26 U.S.C. 1014, Basis of property acquired from a decedent (Cornell LII): law.cornell.edu page
- Florida Statutes section 319.23: leg.state.fl.us page
- Florida Statutes section 319.28, Transfer of ownership by operation of law: leg.state.fl.us page
- Florida Statutes section 319.32, Fees: leg.state.fl.us page
- FLHSMV form HSMV 82040 MH (mobile home version): flhsmv.gov PDF
- FLHSMV form HSMV 82040, Application for Certificate of Motor Vehicle Title: flhsmv.gov PDF
- FLHSMV form HSMV 82152, Surviving Spouse Transfer: flhsmv.gov PDF
- FLHSMV procedure TL-18, title transfer on death of an owner (rev. 07/24): flhsmv.gov PDF
Read from the state agency pages, forms and statutes linked above on November 8, 2026. General information, not legal or tax advice. Your own facts decide the outcome, and the motor vehicle office, the probate court clerk or an attorney is the right place to confirm anything consequential.