Uxbridge, MA asked in Probate for Florida

Q: Can vehicle title be transferred directly from the deceased to a buyer?

I'm the Personal Representative of my father's estate. His vehicle is included in his will. Estate has no debt. I have a buyer who wants to purchase the car. The vehicle title is still in the name of my father. As Personal Representative of the Estate, can I sell the car to the buyer and transfer the title directly to him from my father? I would sign back of the title as Personal Representative transferring car to the buyer. Would the buyer then be able to go to the DMV and officially take title? Or would the DMV require different steps that have to be taken?

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: In most cases, the PR is required to be represented by an attorney. This is a question for your attorney.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with Attorney Kaufman.

Typically a tag office will require title to first transfer into the name of the PR. Then the PR sells to the buyer.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If you have not yet opened this estate and been appointed PR, then you will need to retain a a probate attorney to file the court petition to open the estate and request that the court appoint you before you can carry out the business of the estate. Our office handles estates anywhere in Florida. You are welcome to call our office for a free phone consultation if you are not currently represented by an attorney.

Once appointed, the PR should meet the buyer at the tag office and show death certificate, certified copy of letters of administration, and title signed as PR. If you are out of state, you may be able to provide all of these documents to the buyer and they should be able to have title transferred at the tag office without you.

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