How to transfer a car title when someone dies

Attorney Tom Olsen: Chrissy, let's talk a minute about-- talk about car titles. Could be a boat title, could be an RV title, it could be some trailers, some manufactured homes have titles just like car titles do. This is a situation where if you have two or more owners, it makes a difference whether the word and or the word or is between your names. I say that because often over the years, people come to me and say, "Tom, I did a deed, I did a homemade deed," and I put the word or between our names. Guess what? On deeds, whether it's and or or makes no difference whatsoever. On a car title, it does make a difference.

Attorney Chris Merrill: Exactly.

Tom: The differences are this, is that if it's the and between the names to convey that car, it would require both signatures. If the word or is between their names, then either one of them can convey the title with just one signature. If a husband and wife had a title that was in both their names with the word and between it, well, then when the husband passes away, well, then the wife really needs to go down and transfer that title into just her name only.

Chrissy: Yes.

Tom: If husband and wife own a car and the word or is between their names and the husband passes away, then she could just leave it as is, as far as I'm concerned.

Chrissy: Correct.

Tom: Yeah. The other thing is that people often ask us, "Tom, my mom has passed away. The only thing she owned was a car." Well, we tell them that cars don't go through probate.

Chrissy: Right.

Tom: If your mom passes away and she owns a car, you can go down to the tag and title office with the car title and a copy of her will, and a copy of her-

Chrissy: Death certificate.

Tom: -death certificate, and they will retitle that car into your name or the names of all the kids.

Chrissy: Correct. That's where too, Tom, I often tell clients because, of course, it comes up in every discussion where we're talking about a will and we're talking about cars, and people often ask the question about cars and going through probate. Number one, cars do not go through probate here in the State of Florida. Number two, this is a very good reason to have a will, and a will that's up to date, and a will that is the way that you want it to be. Why? Because what it does do is that last will and testament, when you take it to the tag and title office, it makes it easier.

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