How to transfer a boat title when owner is deceased in Florida

A death in the family can create a lot of mental distress. Aside from the emotional toll, theres plenty to do across the various parts of the deceased person. In other words, what

How to transfer a boat title when owner is deceased in Florida

A death in the family can create a lot of mental distress. Aside from the emotional toll, theres plenty to do across the various parts of the deceased person. In other words, what happens next? From funeral arrangements to the probate procedures if theres a will to squaring off day-to-day matters, to distribution of assets, and more, the entire process is challenging, time-consuming, and raises many obstacles.

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If youre an executor or a relative in charge of taking care of things, you probably have to handle the deceased persons vehicles, from cars, to electric vehicles, to boats (its Florida after all!) and motorcycles. Its unfortunate that while you grieve the loss of a loved one, youll also be responsible for everything they left behind. Think last will and testament, medical records, financial statements, and the transfer of their vehicle ownership known as a FL title transfer.

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Selling? Gifting? Are you the living spouse?
Whether you want to keep the vehicle, or youre interested in selling the deceased persons car, or you want to gift the vehicle to a family member or even donate it to a nonprofit organization, youll have to first transfer the title. A surviving spouse could transfer the vehicle to a buyer or beneficiary without having to title the vehicle in their name first. As long as the heirs and spouse agree on the estates distribution and that its not in debt.

Probate court, the will, and a Florida car title transfer
The transfer of a motor vehicle after death in FL is governed by Section 319.28, Florida Statutes. When a car owner passes away, the executor or beneficiary has to apply for a new title certificate with TheFloridaDepartment of Highway Safety and Motor Vehicles (FLHSMV). If the deceased person left a will, a copy of the will must accompany the title transfer in FL application.

A car title cant be transferred in FL until the probate is completed

Probate is a legal process that handles how to administer the estate. It typically happens when there is no living spouse or beneficiary listed on the will. The probate proves that the will is legitimate, verifying the deceased persons assets and property. A car title cant be transferred until the probate is completed. Probate may only be avoided if the estate isnotindebted. If the deceased person had any debts, the creditor claims must first be resolved.

Title transfer of a vehicle without a last will
If the deceased person died intestate (without a las will), youll need the following documentation to transfer the vehicle title in Florida.
The completed application forthe certificate of title, which you can find on the FL DMV website Application for Certificate of Title With/Without Registration(HSMV form 82040)
The current certificate of title for the deceased persons vehicle or other satisfactory proof of ownership or that he/she owns it
Death certificate
Proof of ID
An affidavit that the estate is not indebted
An affidavit that the surviving spouse, if any, and the heirs, if any, have agreed on how the estate assets will be divided

In Section 1 of Form 82040, when it asks for the owners name and address, its referring to the person whos receiving the new title, so dont put in the name of the original car owner who passed away

Title transfer of a vehicle with a last will
If the deceased person died testate, (with a last will), youll need the following documentation to transfer the vehicle title in Florida.
The completed application Application for Certificate of Title With/Without Registration for the certificate of title; also known as HSMV form 82040
You can find HSMV form 82040 on the FLHSMV website
The current certificate of title for the deceased persons vehicle or other satisfactory proof of ownership or that he/she owns it
Death certificate
Proof of ID
If the will is being probated, acertifiedcopy of the will and an affidavit that the estate is not indebted; or
If the will is not being probated, asworncopy of the will and an affidavit that the estate is not indebted

A marriage certificate is also required unless the name of the surviving spouse is shown on the death certificate

Convenient title transfer online with eTags
For a quick and easy vehicle title transfer in Florida, go to etags.com/app/fl for a convenient online experience. Theres no in-person visit, no waiting for your turn or lines, you dont have to make an appointment or worry about social distancing. Your car title transfer can all be done online; you upload a few document and a title specialist reviews your order to ensure all the paperwork is correct and verified. You can transfer the title of an SUV, car, pickup truck, motorcycle, motorhome and more.

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