What Happens To Your Car When You Pass Away?
Many people assume that when they pass away, all of the assets they own must go through the probate process. Fortunately, this is not always true. When a person passes away, some assets do not have to go through the probate process to be transferred to the beneficiary, and in some situations, vehicles are one of these assets. Below, our St. Petersburg estate planning lawyer explains further.
How Does Florida Law Treat a Deceased Person’s Vehicle?
Under state law, the heirs or beneficiaries of someone who is deceased can transfer the title on a motor vehicle without the need for a formal court proceeding. To avoid the need for a court hearing, the personal representative or the heir or beneficiary must apply to the Department of Highway Safety and Motor Vehicles for a new certificate of title. The application must include an affidavit, which is a statement given under oath.
How to Transfer the Title when There is No Will
When a person passes away without a last will and testament, it is known as dying intestate. In these situations, there are a few documents that must be submitted. These are as follows:
- The application for the certificate of title, which is found online at the Florida Department of Highway and Safety Motor Vehicles (FLHSMV) website,
- Proof of possession or ownership, such as the certificate of title,
- An affidavit indicating that the estate is not in debt, and
- An affidavit stating that the beneficiaries and surviving spouse have agreed on how to divide the assets of the estate.
How to Transfer the Title when There is a Will
When someone passes away and they have drafted an enforceable last will and testament, it is known as dying testate. Similar to when a person passes away intestate, there are many documents required to transfer the title of a vehicle. Due to the fact that the deceased left a will, they will have also named a personal representative, and the personal representative is the person who will submit the paperwork. The documentation needed includes:
- The application for the certificate of title, as indicated above,
- Proof of possession or ownership, such as the certificate of title,
- An affidavit swearing that the estate is not indebted and a certified copy of the will, if the will must go through probate, or
- An affidavit stating that the estate is not indebted and a sworn copy of the will, if the will does not have to go through probate.
Our Estate Planning Attorneys in St. Petersburg Can Help You Through the Process
Vehicles generally depreciate in value over time, so it is important to transfer them as soon as possible after a death. At Legacy Protection Lawyers, our St. Petersburg estate planning attorneys can help you through the process so it is as smooth as possible. Call us now at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0319/Sections/0319.28.html
