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Probate and Transferring a Motor Vehicle

HOW TO TRANSFER A MOTOR VEHICLE THAT YOU INHERITED

 

You have been informed that you inherited a motor vehicle. Now what?

 

There are some documents you may need to obtain.

 

Complete Application for Certificate of Title – This application can be obtained online at your local DMV website.

 

Title of the vehicle – The Personal Representative or Trustee may have this document. If not, you can indicate on the Application that the original title has been lost/destroyed.

 

        Death certificate of the owner of the vehicle – This may also be obtained by the Personal Representative or Trustee. Alternatively, a death certificate may be requested from your State’s Bureau of Vital Statistics.

 

If you inherited the vehicle through probate, you will need a certified copy of the Order of Summary Administration, if a summary administration was filed, or a certified copy of the Order of Exempt Property, if a formal administration was filed.

 

If the vehicle was inherited through a trust, you will need to bring a copy of the trust, a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted (FL Stat 319.28 (11)(b))

 

   Your driver’s license and proof of insurance.

 

Now that you have gathered the documents, just go to the Department of Motor Vehicles, right? Before you go anywhere, it is a good idea to call your local DMV to confirm what is needed in your specific situation to transfer the vehicle to your name. There is nothing worse than waiting forever in line just to find out your transaction can not be completed because you don’t have everything you need.

 

Joseph W. Lehn is a Florida Probate Attorney with offices in Port Charlotte and downtown Sarasota.

 

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  • Port Charlotte Office
    1777 Tamiami Trail
    Suite 505
    Port Charlotte, Florida 33948
    Phone: 941-255-5346
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    Sarasota, Florida 34238
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