We sometimes get inquiries about how to transfer an automobile or mobile home in Florida without going through probate. In some cases, the only asset that the deceased person owned is the motor vehicle or mobile home. In these situations, Florida law allows the certificate of title to be transferred to the heir or beneficiary of the deceased person, without any need for a formal court proceeding.
Florida Statutes Section 319.29(1)(b) is very specific that formal estate administration is not required for transfer of ownership of a motor vehicle or mobile home. In the context of intestate Florida estates, the statute provides:
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.
This rule allows the transfer of assets by affidavit if the deceased owner did not leave a will. In that case, the application will include:
- The certificate of title or other satisfactory proof of ownership;
- The completed application for the certificate of title;
- A statement that the estate is not indebted; and
- A statement that the surviving spouse, if any, and the heirs agree about how the estate should be divided.
If these requirements are met, the automobile or mobile home can be transferred without a probate proceeding.
Similar rules apply if the decedent had a valid Florida Last Will and Testament. Florida Statutes Section 319.29(1)(b) continues:
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.
Although the statute doesn’t say who should file the application, it is usually the job of the person who would inherit the automobile or mobile home under the will. The application will include:
- The certificate of title or other satisfactory proof of ownership;
- The completed application for the certificate of title;
- If the will is being probated, a certified copy of the will and an affidavit that the estate is solvent; or
- If the will is not being probated, a sworn copy of the will and an affidavit that the estate is not indebted.
There isn’t a limit on how many cars or mobile homes can be transferred without probate using the affidavit procedure, but note the requirement of a sworn statement that “the estate is not indebted.” This means that the transfer without probate will be unavailable if the decedent had any debts. In that case, the heirs or beneficiaries must either pay the debts in full before filing the affidavit or proceed with formal administration to deal with creditor claims.
The affidavit is usually filed through the county tax collector’s office. The tax collector’s office can provide you with the forms and instructions on how to transfer title. Once the affidavit is complete, you can leave it with the tax collector’s office, along with the applicable fee. The tax collector’s office will process the affidavit with Department of Highway Safety and Motor Vehicles.