Florida Affidavit by Heirs regarding Agreement as to who shall Inherit Motor Vehicle - To Obtain Transfer of Title
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FAQ
If you live in Florida and you gift a car to a family member, a bill of sale gift or affidavit will exempt you from taxes. If you do have to pay taxes on your gifted vehicle, the state uses the vehicle's fair market value to calculate the amount you have to pay.
The Bill of Sale form HSMV 82050 includes sections for both the gift-giver/seller and gift recipient/purchaser. It also features spaces for the vehicle's details such as make/model, Certificate of Title (which proves that the gift-giver is the actual owner of the car being gifted) and more.
It is legal to give a car to a family member or anyone else, however, a bill of sale or an affidavit should be completed by both parties to verify this information for the Department of Revenue.
You need the following documents: the car title (and the complete transfer form on the back of the title), proof of insurance, vehicle registration, lien information, bill of sale, and money to cover the title fee and any other fees. Be sure to check with the DMV so you know what transfer fees to expect.
To obtain a replacement title, complete form Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle (HSMV form 82152) and submit to a motor vehicle service center along with a certified copy of the death certificate and proof of identity (driver license/ID card/valid passport).
Motor Vehicle Title Fees Original New$77.25Original Used$85.25Transfer/Duplicate$75.25Lien Only (No transfer of ownership)$74.25Fast Title$10.003 more rows
In most Florida counties, an estate that is intestate cannot proceed through probate without the Affidavit, in which case a probate clerk is tasked with completing the documentation and continue to send the Affidavit back until it is complete and correct.
If the title is held electronically, the seller and buyer must visit a motor vehicle service center to complete a secure title reassignment (HSMV 82994 or 82092) and disclose the odometer reading. The buyer and seller must both be present and provide photo identification.