Does the Car Owner have a Will?
First, the car owner may leave a will. This means the car owner has died testate, and the will left by the car owner determines who owns the vehicle. Secondly, when a car owner does not leave a will after their passing, then they have passed intestate. This means a court will determine the legal owner of the vehicle.
A Deceased Person’s Car Before Probate (Testate).
If the car owner leaves a will after they have passed the court will approve the will, called a grant of probate, and determine an executor. The executor is responsible for distributing the property identified in the will, which will include the vehicle if listed in the will.
There are some instances when the will won’t need to be probated and the ownership will be transferred automatically once the car owner passes. For example, if the car owner owned the car jointly with another owner and designated the car has a “right to survivorship,” the vehicle will automatically transfer to the other owner. Additionally, if the car owner indicates the vehicle should be “payable upon death” to another person, the car will transfer automatically to another owner after the car owner’s death. A car owner may also form a revocable living trust. A revocable living trust allows assets to automatically transfer under the terms the car owner has listed in the trust agreement.
In both instances, the person claiming ownership of the vehicle must submit an application, found on the Florida Department of Highway Safety and Motor Vehicles website, to the tax collector’s office. The person claiming ownership must file a certificate of title. If the will is being probated, the person claiming ownership of the will must have a certified copy of the will, and an affidavit stating the estate is not indebted. If the will is not being probated, the person claiming ownership only needs to present a sworn copy of the will, and an affidavit that the estate is not indebted.
Transferring Ownership of a Car When Someone Dies Without a Will (Intestate).
If the car owner passes away without a will, the laws of the State of Florida will decide who receives the title of the vehicle. The person claiming ownership of the car does not have to provide a copy of the will. Instead, the person claiming ownership of the vehicle must provide the application found on the Florida Department of Highway Safety and Motor Vehicles Website to the tax collector’s office and provide a certificate of title. Additionally, the person claiming ownership of the car needs to provide two affidavits. The first is an affidavit stating the estate is not indebted. The second is an affidavit stating that if there is a surviving spouse, or any surviving heirs, the parties have agreed to how the estate will be divided.
25 Responses
What if the car still has a balance and the owner died?Is his car considered paid off?
Hi Julita,
If you’d like to speak about this further, please email office@epgdlaw.com to schedule a consultation with one of our attorneys.
My brother passed suddenly and had a car (that was for) and my (also deceased sister’s stepdaughter) took it upon herself to GIVE it to my brother’s daughter.
Thing is he never formally adopted her. She didn’t even have his last name.
How can I put a claim on that car for (if and when) she tries to put the title in her name?
Hi Patricia,
I am sorry for your loss. Please call our office or email us at office@epgdlaw.com to set up a consultation so that we can discuss your issue further.
My dad left me his vehicle in his will. And went through probate court. Now what do I do. I live in Colorado he lived in Indiana
Hi Jessica,
I would love to get on a call with you to discuss the next steps. Please call our office to set up a consultation!
My friends husband passed away with no will. The car was in her husband’s name only. Does the car automatically go to his wife or their child? They live in Mississippi.
Hello Kathy, the answer to your question is dependent on a few details. I would need to know whether your friend’s husband passed away as a Florida resident, where the car was purchased, and whether it was purchased by your friend and her husband as spouses. If they owned the car as husband and wife then the car will most likely pass automatically to your friend. If not, then a probate will need to be opened for this asset. If your friend’s husband lived in Mississippi full time when he passed then the probate will need to be opened there instead.
*This is not intended to be treated as legal advice. The answer to your question is only based on the facts presented, additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.
my father past away with no will but leave hi car behind now his girl wants to give it to her brother
My father passed away and owns a new Jeep that is paid off! Can the person acting as the executer price the vehicle as they wish in order to sale to another family member, or do they have to stick with the appraisal price?
Hello my father n law left me a car on the will. Can you tell me the steps I need to take to get it legal to drive . Please
Hi Teri, please call our office at (786) 837-6787 to further discuss this with you in a complimentary consultation.
My son died and left no wil i have the title to his motorcycle his dad has the it can he sell? Or fill for. Lost duplicate title?
Hi Dianna, please accept our sincerest condolences over the loss of your son. If you’d like to discuss this further, kindly call our office at (786) 837-6787 to schedule a complimentary consultation. We are at your convenience.
My common law husband of 21 years passed away at age 52. 2 days before he died we bought a cheap car. He died before we got title into his name, and I am positive he wanted me to have the car, but I am not allowed to register a car in my name due to unpaid city taxes (the whole situation is incredibly complicated). I am completely at a loss as to how to get everything legal regarding this issue. Please help.
Hi Maria, please accept our sincerest condolences over the loss of your husband. To discuss this further, kindly call our office at (786) 837-6787 to schedule a complimentary consultation. We are at your convenience.
My husband died in July 2021 there was no will but I have the proof that I have paid for the car Nd the registration now the disk expired do I go to licensing Nd change the name I m confused
My mom died and left no will. I am the living heir. What do I need to do to get the rights to her van.
My dad died and we found out there is another car out there under his name. The person is paying for it because there is a lien on the car. It was my mom’s home healthcare worker. My dad both it for her but it’s under his name and there is no co signer. What are my options? The vehicle is finance by Nissan.
My husband jist passed leaving a van that we still owe on. The vehicle is in his name only. If U let the loan Co come and take the van, will it effect my credit at all??
Hi my friend died last month but I was left her car we both sign a paper and had it stamp last year that she leaves me the car what can I do the great niece wont let me get it its not in the will
She said I have to send for a death certificate of my friend knowing I cant do that im not family she doesn’t reply at all since she said that im hurt because that’s what we had done out of friendship
Hi, my best friend passed away a little over a year ago and had his motorcycle in my garage because I let him store it there as he had nowhere else to store it. I heard nothing about it for while, he had no family or other close friends. Then I heard from his astranged daughter that he had never even met and she was wanting the motorcycle but now I don’t feel right giving to her so she can sell as it is sedimental to me and I’ve been storing it for well over a year now even having to pay to transport it when I moved. Do I legally have to give her this motorcycle?!and if so would that make her legally responsible for storage and transportation fees? Not sure what to do here at this point.
My girlfriend for 20 years passed away and the vehicle is not in my name just my address can I keep it??
Hi, my father died without a will he married 4 wives in costomary marriage and he had 2 cars who can get those cars