Florida Department of Highway Safety and Motor Vehicles Division of ...

Florida Department of Highway Safety and Motor Vehicles Division of Motorist Services

PROCEDURE: SUBJECT:

TL-18 APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

DESCRIPTION AND USE:

THIS PROCEDURE IS PROVIDED TO ASSIST EMPLOYEES OF THE TAX COLLECTOR, LICENSE PLATE AGENT AND THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (FLHSMV) IN IMPLEMENTING REQUIREMENTS TO PROCESS CERTIFICATE OF TITLE APPLICATIONS AND SATISFACTIONS OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED.

I. PROVISIONS OF LAW:

Section 319.22(1), Florida Statutes, states except as provided in Section 319.21 and 319.28, Florida Statutes, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title to the motor vehicle or mobile home until he or she has had issued to him or her a Certificate of Title to the motor vehicle or mobile home; nor shall any waiver or estoppel operate in favor of such person against a person having possession of such Certificate of Title or an assignment of such certificate for such motor vehicle or mobile home for a valuable consideration. Except as otherwise provided herein, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle or mobile home sold, disposed of, mortgaged, or encumbered, unless evidenced by a Certificate of Title duly issued to that person, in accordance with the provisions of this chapter.

Section 319.22(3), Florida Statutes, states in the case of a private or casual sale, except for transfers by a surviving spouse as provided by Section 319.28, Florida Statutes, no title shall be accepted for transfer unless the name of the person who is selling the vehicle is shown as the owner on the face of the title.

Section 319.23(1), Florida Statutes, states an Application for a Certificate of Title shall be made upon a form prescribed by the department, shall be filed with the department, and shall be accompanied by the fee prescribed in this chapter. If a Certificate of Title has previously been issued for a motor vehicle or mobile home in this state, the application for a Certificate of Title shall be accompanied by the Certificate of Title duly assigned, or assigned and reassigned, unless otherwise provided for in this chapter. If the motor vehicle or mobile home for which application for a Certificate of Title is made is a new motor vehicle or new mobile home for which one or more manufacturers' statements of origin are required by the provisions of Section 319.21, Florida Statutes, the application for a Certificate of Title shall be accompanied by all such manufacturers' statements of origin.

Revision(s) to this Procedure: Language added to page 26. FLHSMV will allow a reasonable period of time for spouses, coowners, or heirs to continue using an asset while the descendant's property is being accounted for legally. FLHSMV will allow a one-time, 12-month renewal for a motor vehicle in the deceased individual's name, issued within one (1) year of the deceased date. A will or other documented proof must be given at the time of renewal. Vessels do not qualify for this one-time renewal in a deceased individual's name.

EFFECTIVE DATE:

REVISION DATE:

Immediately

04/12/21

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

Section 319.28, Florida Statutes, provides for the transfer of ownership of a motor vehicle or mobile home by operation of law upon inheritance, devise or bequest.

Section 319.28(1)(b), Florida Statutes, states: When the application for a Certificate of Title is made by an heir of a previous owner who died intestate, it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate. If the previous owner died testate, the application shall be accompanied by 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.

Section 319.28(1)(c), Florida Statutes, states: If a surviving spouse who would be entitled to issuance of a Certificate of Title under paragraph (b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a Certificate of Title in his or her own name, but may assign to the transferee the Certificate of Title which was issued to the decedent. An application for a Certificate of Title by an applicant taken through such a surviving spouse under this paragraph shall be accompanied by the same documentation as would an application by a surviving spouse under paragraph (b), which documentation shall be supplied to the transferee by the surviving spouse.

Section 319.28(2)(a), Florida Statutes, states that except as provided in paragraph (b), only an affidavit by the person, or agent of the person, to whom possession of such motor vehicle or mobile home has so passed, setting forth facts entitling him to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession.

Section 319.32 (7), Florida Statutes, allows a surviving spouse to remove the deceased co-owner (spouse) from the title for no-fee. An expedited title may be issued for $10 fee.

Section 320.0609 (7) Florida Statutes, authorizes the Department or its agents to verify necessary information through the electronic file of death records maintained by the Department of Health when a surviving spouse does not present a death certificate.

TL-18-02

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

Section 732.507(2), Florida Statutes, states that any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.

Any provision in a will for an ex-spouse becomes void upon divorce, unless the will or the dissolution/divorce judgment expressly provides otherwise.

Section 732.515, Florida Statutes, reads: "A written statement or list referred to in the decedent's will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each prior writing."

Section 732.802, Florida Statutes, provides that a killer is not entitled to receive property or other benefits by reason of a victim's death.

Section 733.615, Florida Statutes, provides that when letters of administration show the appointment of two or more personal representatives of an estate, a majority of them must sign on all acts in connection with the administration, even if the names are joined by "or," unless the will specifies otherwise.

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PROCEDURE:

TL-18

II.

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

DOCUMENTATION REQUIRED AND SPECIAL INSTRUCTIONS:

A. Ownership is Recorded in the Name of the Deceased Only and the Estate Is Administered. (See Exhibit B, Chart 1) 1. The Certificate of Title IS AVAILABLE.

a. The "Transfer of Title by Seller" section on the Florida Certificate of Title, accurately completed in full and signed by the personal representative(s), as seller for the estate of the deceased. If the Certificate of Title is conforming and the motor vehicle is not exempt from an odometer disclosure or declaration, the purchaser must also sign. The assignment of the Certificate of Title may be to anyone or to the "Estate of (Name of the Deceased)."

b. A form HSMV 82040, Application for Certificate of Title with/without Registration, or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration, accurately completed by the purchaser(s) or the personal representative of the "Estate of," if applicable.

c. A photocopy of the Letters of Administration.

d. Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable.

e. Florida sales tax or specify sales tax exemption information on an accurately completed form HSMV 82040, Application for Certificate of Title with/without Registration or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration.

f. The Florida license plate number transferred to or purchased for the motor vehicle, or a non-use affidavit. The mobile home decal number purchased for or the RP decal transferred to or purchased for the mobile home. A non-use affidavit is not acceptable for a mobile home.

g. Title fees.

h. When the Letters of Administration show the appointment of two or more personal representatives of the estate, a majority of them must sign, even if the names are joined by "or," unless the Will specifies otherwise.

2. The Certificate of Title IS NOT AVAILABLE.

If the title is electronic, it must be printed. Once printed, refer to II, A, 1, of this procedure.

a. A form HSMV 82101, Application for Duplicate or Lost in Transit/Reassignment for A Motor Vehicle, Mobile Home or Vessel Title Certificate, accurately completed by the personal representative, in the deceased owner's name.

TL-18-04

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

b. A photocopy of the Letters of Administration.

c. Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable.

d. Title fees.

After the duplicate title has been issued in the name of the deceased owner, follow the instructions in II, A, 1, of this procedure.

B. Ownership is Recorded in the Names of Individuals Other Than a Married Couple. The Certificate of Title is Connected by "AND," One is Deceased, and the Estate is Administered. (See Exhibit B, Chart 2)

If the title includes the wording "With Rights of Survivorship," refer to section II, G. for transfer instructions.

1. The Certificate of title IS AVAILABLE. a. The "Transfer of Title by Seller" section on the Florida Certificate of Title accurately completed in full and signed by both the personal representative of the deceased co-owner and the surviving co-owner(s). The assignment of Certificate of Title may be to anyone.

b. A form HSMV 82040, Application for Certificate of Title with/without Registration, or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration, accurately completed by the purchaser(s).

c. A photocopy of the Letters of Administration. d. Lien satisfactions, for any liens, as shown on the motor vehicle records of

this or any other state, if applicable. e. Florida sales tax or specify sales tax exemption information on an

accurately completed form HSMV 82040, Application for Certificate of Title with/without Registration or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration. f. The Florida license plate number transferred to or purchased for the motor vehicle or a non-use affidavit. The mobile home decal number purchased for or the RP decal transferred to or purchased for the mobile home. A non-use affidavit is not acceptable for a mobile home. g. Title fees.

When the Letters of Administration show the appointment of two or more Personal representatives of the estate, a majority of them must sign, even if the names are joined by "or," unless the Will specifies otherwise.

TL-18-05

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

2. The Certificate of Title IS NOT AVAILABLE. If the title is electronic, it must be printed. Once printed, refer to II, B, 1, of this procedure.

a. A form HSMV 82101, Application for Duplicate or Lost in Transit/Reassignment for A Motor Vehicle, Mobile Home or Vessel

Title Certificate accurately completed by the personal representative of the deceased co-owner AND the surviving co-owner. b. A photocopy of the Letters of Administration. c. Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable. d. Title fees.

After the duplicate title has been issued in the name of the deceased coowner "AND" co-owner, follow the instructions in II, B, 1, of this procedure.

C. Ownership is Recorded in the Names of Individuals Who MAY, or MAY NOT be a Married Couple. The Certificate of Title is Connected by "OR" and One is Deceased. (See Exhibit B, Chart 3).

The surviving co-owner receives all rights to the vehicle (Who MAY, or MAY NOT be the Surviving Spouse). The options available are:

1. If the title is available, the surviving co-owner may transfer the title to anyone. If the title is electronic, it must be printed. Once printed, refer to II, C, 1, of this procedure.

Or,

2. If the paper title is not available, the surviving co-owner MUST apply for a Certificate of Title in his/her name in order to remove the decedent's name from the title record. The following should be submitted: a. A form HSMV 82040, Application for Certificate of Title with/without Registration, or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration, accurately completed by the surviving co-owner. b. An affidavit stating the title is lost or destroyed (may be checked on the completed form HSMV 82040 or 82041). c. A photocopy of the death certificate. d. Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable. e. Specify sales tax exemption information on an accurately completed form HSMV 82040, Application for Certificate of Title with/without Registration or form HSMV 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration.

TL-18-06

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

f. The Florida license plate number transferred to or purchased for the motor vehicle or a non-use affidavit. The mobile home decal number purchased for or the RP decal transferred to or purchased for the mobile home. A non-use affidavit is not acceptable for a mobile home.

g. Title fees.

D. Disposition by a Circuit Judge through Orders of Summary Administration, Family Administration, or Setting Aside Exempt Property, letter or other written instrument authorized by and under seal of the court. (See Exhibit B, Chart 4).

The Certificate of Title IS or IS NOT AVAILABLE.

1. The Florida Certificate of Title, if AVAILABLE. All sections of the Certificate of Title should remain blank.

If the Certificate of Title is NOT AVAILABLE, an affidavit by the person(s) named in the court order, letter or other written instrument authorized by and under seal of the court stating the Certificate of Title is lost or destroyed. (This statement may be checked on an accurately completed form HSMV 82040 or 82041, in lieu of a separate affidavit.)

If the title is electronic, it does not have to be printed. The applicant should state the "title is electronic" in the affidavit area on the form HSMV 82040 in lieu of the lost/destroyed check box.

2. A form HSMV 82040, Application for Certificate of Title with/without Registration, or 82041, Application for Certificate of Title with/without Registration, accurately completed by the person(s) named in the court order, letter or other written instrument authorized by and under seal of the court.

The person(s) named in the court order, letter or other written instrument authorized by and under seal of the court MUST have a Certificate of Title issued in their name prior to selling the motor vehicle or transferring the Certificate of Title, even if the Order states "To dispose of as they see fit."

3. A photocopy of the court order, letter or other written instrument authorized by and under seal of the court.

4. Lien satisfactions, for any liens, as shown on the motor vehicle records of this or any other state, if applicable.

5. Specify sales tax exemption information on an accurately completed form HSMV 82040, Application for Certificate of Title with/without Registration or form HSMV 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration.

TL-18-07

PROCEDURE:

TL-18

SUBJECT:

Division of Motorist Services

APPLICATION FOR CERTIFICATE OF TITLE AND SATISFACTION OF LIENS INVOLVING REGISTERED OWNERS OR LIENHOLDERS WHO ARE DECEASED

6. The Florida license plate number transferred to or purchased for the motor vehicle or a non-use affidavit. The mobile home decal number purchased for or the RP decal transferred to or purchased for the mobile home. A non-use affidavit is not acceptable for a mobile home.

7. Title fees.

E. Ownership is Recorded only in the Name of the Deceased and the Estate is Not Administered. (See Exhibit B, CHART 5).

1. Florida Certificate of Title, either no Will or Will does not specify a recipient, and there is a Surviving Spouse.

The surviving spouse may transfer the title without taking the title in his/her name.

a. The "Transfer of Title by Seller" section on the certificate of title, accurately completed by the surviving spouse, as seller, to the purchaser (who may be the surviving spouse).

b. A form HSMV 82040, Application for Certificate of Title with/without Registration, or 82041, Application for Vehicle/Vessel Certificate of Title and/or Registration, accurately completed by the applicant.

If the title is electronic, it must be printed. Once printed, refer to II, E, 1, of this procedure.

If the Certificate of Title is NOT AVAILABLE, the "Release of Heirs" section on form HSMV 82040, Application for Certificate of Title with/without Registration, must be accurately completed by the surviving spouse as heir (releasing interest), along with an affidavit stating the certificate of title is lost or destroyed. The remaining portion of the form HSMV 82040 must be completed by the applicant, (may be the surviving spouse or a new purchaser). If the surviving spouse is making an application for title in his/her name, the affidavit stating the certificate of title is lost or destroyed may be indicated in the "certification" section on the accurately completed form HSMV 82040, in lieu of a separate affidavit.

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