Florida Statute 319.28
“Transfer of ownership by operation of law”
What it means
Section 319.28 covers titling a motor vehicle or mobile home when ownership transfers by operation of law, including by inheritance, devise or bequest. On surrender of the prior certificate of title (or satisfactory proof of ownership and right of possession when it cannot be surrendered), payment of the fee and an application, the department may issue a certificate of title to the applicant.
If the previous owner died intestate and an heir applies, no probate court order is needed if the heir files an affidavit that the estate is not indebted and that the surviving spouse, if any, and the heirs, if any, have amicably agreed on a division of the estate.
If the previous owner died testate, the application must 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; if the will is not being probated, it must be accompanied by a sworn copy of the will and an affidavit that the estate is not indebted. For a testate owner, a Florida-licensed attorney's affidavit naming the rightful heirs establishes a presumption of ownership, absent information received to the contrary, and the application then needs no copy of the will.
A surviving spouse who is entitled to a title and wants to dispose of the vehicle may assign the decedent's certificate of title to the transferee without first titling it in the spouse's name.
- For an intestate owner, an heir needs no probate court order if the heir files an affidavit (§ 319.28(1)(b)).
- The affidavit must state that the estate is not indebted and that the surviving spouse and heirs have amicably agreed on a division (§ 319.28(1)(b)).
- For a testate owner, the application needs a certified copy of the will (if probated) and an affidavit that the estate is solvent with assets to pay all just claims (§ 319.28(1)(b)).
- If the will is not being probated, the application needs a sworn copy of the will and an affidavit that the estate is not indebted (§ 319.28(1)(b)).
- For a testate owner, a Florida-licensed attorney's affidavit naming the rightful heirs establishes a presumption of ownership, absent information received to the contrary, with no copy of the will needed (§ 319.28(1)(c)).
- A surviving spouse may assign the decedent's certificate of title to a transferee without retitling it (§ 319.28(1)(d)).
Text of the statute (2026)
(1)(a) In the event of the transfer of ownership of a motor vehicle or mobile home by operation of law as upon inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale or whenever the engine of a motor vehicle is replaced by another engine or whenever a motor vehicle is sold to satisfy storage or repair charges or repossession is had upon default in performance of the terms of a security agreement, chattel mortgage, conditional sales contract, trust receipt, or other like agreement, and upon the surrender of the prior certificate of title or, when that is not possible, presentation of satisfactory proof to the department of ownership and right of possession to such motor vehicle or mobile home, and upon payment of the fee prescribed by law and presentation of an application for certificate of title, the department may issue to the applicant a certificate of title thereto.
(b) 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.
(c) If the previous owner died testate and the application for a certificate of title is made by, and accompanied by an affidavit attested by, a Florida-licensed attorney in good standing with The Florida Bar, such affidavit shall, for purposes of paragraph (a), establish a presumption of ownership, absent information received to the contrary, and right of possession to the motor vehicle or mobile home, so long as the affidavit sets forth the rightful heir or heirs and the attorney attests in the affidavit that such heir or heirs are lawfully entitled to the rights of ownership and possession of the motor vehicle or mobile home. It is not necessary for the application for certificate of title filed under this paragraph to be accompanied by a copy of the will or other testamentary instrument.
(d) 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.
Excerpts are the subsections the summary relies on. Read the full official text of § 319.28.
History. s. 9, ch. 23658, 1947; ss. 1, 2, ch. 23723, 1947; s. 7, ch. 25150, 1949; s. 8, ch. 28184, 1953; s. 1, ch. 61-446; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 13, ch. 82-134; s. 10, ch. 83-218; s. 344, ch. 95-148; s. 9, ch. 95-333; s. 15, ch. 96-413; s. 257, ch. 99-248; s. 113, ch. 2002-20; s. 14, ch. 2010-223; s. 24, ch. 2012-181; s. 24, ch. 2013-160; s. 1, ch. 2024-272.
How it applies
Subsection (1)(b) is a route around a probate order, not around the facts it requires. It depends on an affidavit that the estate is not indebted and, for an intestate owner, on the agreement of the spouse and heirs. Where the estate has debts or the heirs have not agreed, the affidavit conditions in the statute are not met.
The statute applies to both motor vehicles and mobile homes. Subsection (2) provides separate proof rules where possession passed by other means, and allows an applicant who cannot produce satisfactory proof to submit other evidence, which the department may accept if it finds the evidence sufficient.
Where this shows up
Pages on this site where § 319.28 does real work:
- What to do in the first 72 hours after a death in Florida
- Do I need probate in Florida? Which assets and estates skip it
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Probate vs trust administration in Florida: differences, steps and deadlines
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
- Small estate / no real property
Questions people ask
Sources
- Florida Statutes (2026), s. 319.28 (“it shall not be necessary to accompany the application with an order of a probate court”)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.