Check every owner shown on the title
For living co-owners on a Florida title, “and” requires both owners’ signatures; “or” permits either owner to transfer the vehicle. A deceased owner, dispute or estate requires the applicable authority and documents rather than an ordinary co-owner assumption.
An inherited vehicle depends on the estate
Choose the branch that matches the estate. Hillsborough County publishes the following Florida-title scenarios; use its full checklist for identification, fees, liens and any registration requirements.
| Situation | Documents and signing route |
|---|---|
| Probated estate | The personal representative assigns the title. Prepare Letters of Administration and the new owner’s HSMV 82040 application. Obtain a duplicate first if the title is missing. |
| No probate; spouse; no will naming a recipient | The surviving spouse may assign the title to a purchaser. Prepare HSMV 82040, the death certificate and any will. |
| No probate; no spouse; no named recipient | The heirs complete the Release of Heirs section of HSMV 82040. Prepare the death certificate, any will and title or lost-title affidavit. |
| Will names the recipient | The named recipient applies using HSMV 82040, with the will and death certificate. Follow the office’s instructions for the title or electronic record. |
| Transfer solely into the surviving spouse’s name | Use HSMV 82152 and the required title, death certificate and identity evidence. Marriage evidence is needed if the spouse is not identified on the death certificate. |
If the inherited vehicle’s title is missing
Hillsborough’s guidance states that a personal representative must first apply for a duplicate title when the title is unavailable in the described estate process. Do not assume an ordinary lost-title request in your own name will resolve someone else’s ownership.
Power of attorney needs the appropriate form
An authorized representative may need power-of-attorney documents, and odometer disclosures can require a specific secure process. Ask the office which form applies and who must sign it. Business-owned or trust-owned vehicles also need evidence of the signer’s authority; request the applicable checklist rather than using a personal-sale assumption.
Official sources and next steps.
Use the current instructions for your particular title and transaction. A tax collector or FLHSMV can confirm document requirements; an estate or ownership dispute may require legal advice.
- Hillsborough deceased-owner transfer scenarios
- Florida title transfer and co-owner signatures, section 319.22
- FLHSMV power of attorney, TL-02
Sources checked September 9, 2026. This guide explains seller preparation; it does not determine eligibility or act as a government filing service.