When someone passes away in Florida, one of the most common questions family members ask is: “What happens to the car?” Below are some of the most frequently asked questions and answers about how vehicles are handled after death.
Yes. Cars are considered part of your estate. However, Florida gives special treatment to up to two motor vehicles that weigh less than 15,000 pounds and were used by you or your family. These vehicles are considered exempt property, which means they may pass directly to your surviving spouse or children without going through probate.
In many cases, yes. If you’re married and your car qualifies as exempt property, your surviving spouse (or minor children) generally have first rights to inherit it. The title can usually be transferred through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) with a death certificate and simple paperwork—no probate required.
If the title lists two owners with “or” between their names (for example, “John Doe or Jane Doe”), then the surviving owner automatically becomes the sole owner when one person passes away. No court process is needed.
If the title says “and” instead of “or,” then both signatures (or court involvement) may be required to transfer ownership.
If the car was titled in your name alone and you don’t leave behind a spouse or minor children, then it will usually need to go through probate. The probate court will determine who inherits it based on your will—or, if you don’t have a will, according to Florida’s intestacy laws.
Yes. If you plan ahead, there are ways to keep your car out of probate, such as:
Unlike some states, Florida does not allow a Transfer on Death (TOD) designation for cars. That means you’ll need to use one of the methods above if you want your car to pass outside of probate.
To retitle the car, your heirs will generally need:
These documents are submitted to the DHSMV, which will issue a new title in the heir’s name.
Think about how your car fits into your overall estate plan. If you want to make the transfer easy for your heirs, consider joint ownership, a trust, or coordinating the title with your will or other planning documents.
In Florida, what happens to your car after you die depends on how the title is held, whether you have a surviving spouse or children, and whether you’ve done any planning in advance. While the law does provide protections for families, the cleanest solution is to include your vehicle in your estate plan so your loved ones don’t face extra stress during an already difficult time.
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