Florida Statute 319.28
“Transfer of ownership by operation of law”
What it means
When a Florida vehicle owner dies, the title can often move to the heirs without opening probate. Section 319.28 says that if the owner died intestate, an heir can retitle the vehicle by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have amicably agreed on how to divide it — no probate court order required. If the owner left a will, the department accepts a certified or sworn copy plus an affidavit of solvency; a Florida attorney's affidavit can also establish the heirs. A surviving spouse may even assign the decedent's title straight to a buyer.
- An heir of an owner who died intestate can retitle a vehicle without a probate court order, using an affidavit.
- The affidavit must state the estate is not indebted and that the spouse and heirs amicably agreed on the division.
- If the owner died testate, the department accepts a certified or sworn copy of the will plus an affidavit of solvency.
- A surviving spouse may assign the decedent's certificate of title directly to a buyer, without retitling it first.
How it plays out
For a lot of families, the car is the only asset that would otherwise force a probate, and §319.28 avoids it. Our office walks people through the tax-collector or HSMV paperwork: the affidavit that the estate is not indebted, proof of who the heirs are, and the title. It works only when the heirs genuinely agree and the estate has no creditors — if either is untrue, the affidavit is the wrong tool and we look at summary administration instead. The statute sets no dollar cap; the real limit is that everyone agrees and nobody is owed money.
Questions people ask
