Do I Need a Vehicle Transfer on Death Designation in Florida?

Because Florida does not offer a vehicle TOD designation, the vehicle transfers through: Surviving spouse transfer (no-fee): when a vehicle is titled solely in a deceased spouse's name, or jointly in both spouses' names, the surviving spouse may obtain a new certificate of title removing/replacing the deceased owner by filing HSMV form 82152 (Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle) with an original or certified copy of the death certificate (and a copy of the marriage certificate unless the surviving spouse is named on the death certificate). This no-fee transfer is authorized by Fla. Stat. 319.32(7)(a)-(b); the underlying right to title passes under Fla. Stat. 319.28(1)(b)., Joint tenancy by "or" co-ownership: when a vehicle is titled to two or more owners joined by the word "or," each co-owner is deemed to have granted the other the absolute right to dispose of the title, so the decedent's interest passes automatically to the surviving co-owner under Fla. Stat. 319.22(2)(a)1.a (titling joined by "and" instead requires each co-owner or a personal representative to sign, under 319.22(2)(a)1.b)., Transfer by inheritance (operation of law): an heir or devisee may apply for a new certificate of title under Fla. Stat. 319.28(1)(b) without a separate probate court order — for an intestate estate, with an affidavit that the estate is not indebted and the surviving spouse and heirs have amicably agreed upon a division; for a testate estate, with a certified copy of the probated will and an affidavit that the estate is solvent. The applicant uses the standard title application (HSMV form 82040 series) with the affidavit / "Release of Heirs" section; a surviving spouse who does not wish to keep the vehicle may instead assign the decedent's certificate directly to a transferee under Fla. Stat. 319.28(1)(d).. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.

Without a vehicle TOD option, a Florida vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.