SCROLL DOWN FOR A LIST OF COMMON SCENARIOS

Pertinent questions that you may be asked:

1. Do you have a title?
In many situations, an heir may attest that a title is lost or destroyed. However, if the estate is administered (Letters of Administration issued by a probate court), the title must be presented or a duplicate title must be issued in the name of the deceased.

2. Is there a will?
If a will exists, it must be presented.

3. Has the estate been probated?
If the estate is being probated, the Court will likely issue Letters of Administration or Orders of Summary Administration.

Letters of Administration allows the appointed administrator of the estate to dispose of the vehicle by assigning the title.

Orders of Summary Administration may be an option when it appears in a testate estate that the decedent’s will does not direct administration as required by Chapter 733, or that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors does not exceed $75,000 or that the decedent has been dead for more than two years. Usually, the Order will specify the heir to a vehicle. That person must apply for title before assigning it to another person.

4. Do you have the court documents or death certificate?
A copy of the death certificate of the titled owner, Letters of Administration, or Orders of Summary Administration must be presented at time of application for title.

Common Scenarios:

Deceased Spouse:

Florida Title, No Will or Will Does Not Specify Recipient, Estate Not Probated, Single Ownership in the Name of the Deceased, There is a Surviving Spouse

  1. Transfer of Title by Seller section accurately completed by the surviving spouse to the purchaser (who may be the surviving spouse)
  2. If title is unavailable, “Release of Heirs” section on Form HSMV 82040 completed by the surviving spouse along with an affidavit stating title is lost or destroyed (if spouse is taking title, the affidavit may be placed on the completed form HSMV 82040 or 82041).
  3. A photocopy of the death certificate
  4. A photocopy of the will, if one exists
  5. Lien satisfaction(s), if applicable
  6. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041. Sales tax is not due on an inheritance but would be due from a third party if the surviving spouse is not retaining ownership of the vehicle.
  7. Tag number to transfer or non-use affidavit
    *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.

Deceased Parent or Other Family Member:

Florida Title, No Will or Will Does Not Specify Recipient, Estate Not Probated, Single Ownership in the Name of the Deceased, No Surviving Spouse

Consult the Chart of Heirs to determine who should apply for title.

  1. Release of Heirs section on Form HSMV 82040 completed by heir(s) at law
  2. All heirs(s) or any one of the heirs(s) must complete the rest of Form HSMV 82040 as applicant(s)
  3. A photocopy of death certificate
  4. A photocopy of the will, if one exists
  5. Florida title (leave blank) or an affidavit stating title is lost or destroyed, signed by heir(s) (this affidavit may be placed on the HSMV 82040)
  6. Lien satisfaction(s), if applicable
  7. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041. Sales tax is not due on an inheritance but would be due from a third party if the surviving spouse is not retaining ownership of the vehicle.
  8. Tag number or non-use affidavit

Florida Title, Will Specifies Recipient, Estate Not Probated, Single Ownership in the Name of the Deceased, No Surviving Spouse

Consult the Chart of Heirs to determine who should apply for title.

  1. Form HSMV 82040 or 82041 completed by person(s) named in the will
  2. A photocopy of death certificate
  3. A photocopy of the will
  4. Florida title (leave blank) or an affidavit stating title is lost or destroyed, signed by heir(s) (this affidavit may be placed on the HSMV 82040)
  5. Lien satisfaction(s), if applicable
  6. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041. Sales tax is not due on an inheritance but would be due from a third party if the surviving spouse is not retaining ownership of the vehicle.
  7. Tag number or non-use affidavit

Florida Title, Estate Probated, Letters of Administration Issued – Administration of Estate by Personal Representative

  1. Transfer of Title by Seller section of title completed by the personal representative to the new owner.*
  2. HSMV 82040* or HSMV 82041*, completed by the new owner or by the personal representative if assigning to the Estate.
  3. A photocopy of the Letters of Administration
  4. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041
  5. Lien satisfaction if applicable
  6. Tag number or non-use affidavit
*If the title is not available, the person appointed Administrator must apply for a duplicate title in the name of the deceased.

Florida Title, Single Ownership, Court Order, No Personal Representative

  1. Florida title (leave blank)*
  2. HSMV 82040* or HSMV 82041*, completed by the new owner, or by the personal representative if assigning to the estate.
  3. A photocopy of the court order, letter or other instrument authorized by and under the seal of the court
  4. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041
  5. Lien satisfaction if applicable
  6. Tag number or non-use affidavit
*If the title is not available, provide an affidavit by person(s) named in the court order, or a letter or other instrument authorized by and under the seal of the court, as the owner(s) of the vehicle, stating the title has been lost or destroyed. The affidavit may be placed on the accurately completed form HSMV 82040 or 82041.

Florida Title, Joint Ownership (May or May Not Be a Married Couple), the conjunction “OR” joins the name on the title 

  1. The Transfer of Title by Seller section completed by the surviving co-owner to the new purchaser. Transfer may be to anyone.*
  2. HSMV 82040* or HSMV 82041*, completed by the new owner
  3. Sales tax or specify sales tax exemption information on Form HSMV 82040 or 82041
  4. Lien satisfaction if applicable
  5. Copy of the Death Certificate
  6. Tag number or non-use affidavit
*When the title is not available, the surviving co-owner (who may or may not be a married couple) MUST apply for a Certificate of Title in his/her name in order to remove the decedent’s name from the title record. Provide an affidavit stating the title is lost or destroyed (may be placed on the completed Form HSMV 82040 or HSMV 82041).

There are many inheritance scenarios not listed here. If you did not find your specific situation above, email us at ectc@EscambiaTaxCollector.com for more information.