How to Sell a Deceased Person's Car in Florida (Family Guide)

When someone you love passes away, the car they left behind can feel like a small thing. Until it's sitting in the driveway week after week and nobody's sure what's allowed.

If that's where you are, this guide gives you a general overview of how Florida handles a deceased owner's vehicle, and how to sell it without making things harder than they need to be.

> Important: please read. Twin B Car Removal is a vehicle buyer, not a law firm. This article is general information only and is not legal advice. Every estate is different, and laws, forms, and fees can change. Before you transfer or sell a vehicle, confirm the requirements for your situation with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) or your county tax collector's office. If the estate has debts, family members disagree about the vehicle, or a probate case is open, speak with a licensed Florida probate attorney.

You May Not Need to Go Through Probate

Many families assume they have to go to court before they can deal with a loved one's car. In Florida, that isn't always the case.

Florida Statute §319.28 provides a way for a surviving spouse or heirs to transfer a vehicle title without a probate court order in certain situations. Generally, that applies when:

• The estate is not in debt, and
• The surviving spouse and heirs have agreed on how the estate is divided.

When those conditions apply, the transfer is typically handled through an application and affidavit at your county tax collector's office. In Jacksonville, that's the Duval County Tax Collector.

If those conditions don't apply, probate or an attorney's help may be required.

Step 1: Look at How the Title Was Held

Find the title, or check the title record if it's electronic, and look at how the owners are listed. This usually determines which path applies.

Two names joined by "OR." If the title reads something like "Mary Smith OR John Smith," Florida generally treats the surviving owner as able to take ownership without probate.

Surviving spouse. Florida law includes specific provisions for a surviving spouse, which can make the process simpler. The tax collector's office can explain the options that apply to you.

Titled only in the deceased person's name. This is the most common situation with a parent's or grandparent's car. Heirs may be able to use the affidavit process under §319.28 to transfer the title before selling.

A probate case is already open. The court-appointed personal representative (executor) generally handles the vehicle, using their Letters of Administration.

Step 2: Gather the Paperwork

Requirements vary by situation, so confirm the list with the tax collector's office before you go. Documents commonly requested include:

• A certified copy of the death certificate (a plain photocopy is generally not accepted)
• Form HSMV 82040, Application for Certificate of Title
• The original title, if there is a paper one
• An affidavit regarding the estate's debts and the heirs' agreement, where that route applies
• A copy of the will, if there is one, in the form the tax collector requires
• Your photo ID

Step 3: Check for a Loan on the Car

If your loved one was still making payments, there may be a lien on the vehicle. In Florida, a vehicle can't be transferred to a new owner until the lienholder releases the lien.

Contact the lender, let them know about the death, and ask how to proceed. We explain how liens work in our guide on junking a car that still has a loan on it.

Step 4: Decide What Makes Sense for Your Family

Some cars carry memories worth keeping. Others were already near the end of the road: high miles, a repair nobody got to, or a car that's been sitting since your loved one stopped driving.

If the car doesn't run, needs expensive work, or nobody in the family needs it, a private sale can mean strangers calling, test drives, and haggling over something that holds real feelings for you. Selling to a buyer who takes the car as-is is often simpler.

Step 5: Selling to Twin B

Once the person with the legal right to sell has the proper documents, here's how it works:

1. Call us or request a quote online. Tell us the year, make, model, and condition, and let us know the owner has passed.
2. Get an offer. Quotes are estimates based on the information you give us and are confirmed when we inspect the vehicle.
3. Schedule pickup. Towing is free.
4. Get paid at pickup.

Please call us before scheduling a pickup. We'll tell you what documents we need to see. We can only buy a vehicle from someone who can show they have the legal right to sell it, and we can't advise you on who that is. That's a question for the tax collector's office or an attorney.

If the title is missing, see our page on selling a car without a title.

After the Sale: Plates First, Then Insurance

This step trips up a lot of families, and getting the order wrong can cause problems.

Remove the license plate before the car leaves. In Florida, the plate stays with the owner, not the vehicle.

Surrender or transfer the plate before cancelling the insurance. According to FLHSMV, cancelling insurance while a plate is still active on the vehicle record can lead to a driver license suspension. Turn the plate in at a tax collector's office or motor vehicle service center, keep your receipt, and then cancel the policy.

Frequently Asked Questions

Do I need probate to sell a deceased parent's car in Florida?

Not always. Florida Statute §319.28 allows a vehicle title to be transferred without a probate court order in certain situations, generally when the estate is not in debt and the surviving spouse and heirs agree on how the estate is divided. If those conditions don't apply, probate may be required. Confirm your situation with your county tax collector's office or a Florida probate attorney.

Who can sign the title to sell the car?

It depends on how the title was held and whether a probate case is open. It may be a surviving co-owner on an "OR" title, an heir who has had the title transferred into their name, or a court-appointed personal representative. The tax collector's office can tell you who is authorized in your case.

Can I sell the car if there's still a loan on it?

Not until the loan is dealt with. In Florida, a vehicle can't be transferred to a new owner until the lienholder releases the lien. Contact the lender first.

What do I do with the license plate?

In Florida, the plate stays with the owner, not the car. Remove it before the vehicle leaves, then surrender or transfer it before cancelling the insurance. FLHSMV warns that cancelling insurance while a plate is still active can lead to a driver license suspension.

Will Twin B buy the car if it doesn't run?

Yes. We buy vehicles in any condition, running or not, and towing is free. We'll just need to see documents showing the seller has the legal right to sell it.

We'll Make This Part Easier

You have enough to handle right now. When you're ready, call (904) 666-4487 or request a free quote online. We'll be patient, tell you what we need, and take the car off your hands once everything is in order.

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This article was last reviewed in September 2026. It is provided for general informational purposes only and does not constitute legal advice. Twin B Car Removal is not a law firm and does not determine legal ownership or inheritance rights. Florida laws, forms, and procedures may change; always verify current requirements with FLHSMV, your county tax collector, or a licensed Florida attorney. All quotes are estimates subject to in-person inspection of the vehicle.