Florida Asset Transfers: Motor Vehicles
Motor vehicles — cars, mobile homes and RVs — often comprise a valuable portion of a person’s estate after they die. In these cases, the most common method to have the property distributed to the beneficiaries is through probate. Many people, however, are looking for a way that doesn't involve probate for them to receive the vehicle, mobile home or RV or to receive it before the estate is settled. Fortunately, it is sometimes possible for the certificate of title of this property to be transferred to the heir or beneficiary of the deceased person without the need of undergoing probate. At The Law Office of Silverman, Mack & Associates, our Gainesville probate attorneys provide asset transfer services to ensure you receive the property with the least amount of hassle.
Transferring a Vehicle, Mobile Home or RV in Gainesville, FL
Many people try to avoid probate because of how time consuming and expensive it can be. Even if the deceased person held a relatively small and simple estate, the process can still eat up resources and time. This creates stress in many people because of the delay for them to receive their assets and the amount of work they need to put in before the estate is settled. On top of that, all of this occurs shortly after a death, usually of a family member, so the last thing a person wants to do during mourning is tend to complex legal matters. A beneficiary will also not be able to receive the vehicle, mobile home or RV until all debts of the estate are paid off. During probate, it is important to seek the help of Gainesville, FL, probate lawyers to ensure that the process moves as smoothly and fast as possible.
Transferring Without Probate
If the only asset that the deceased person owned was a motor vehicle, mobile home or RV, then Florida law allows for the certificate of title to be transferred to the designated heir without a formal court proceeding. This alternative can greatly expedite the time in which you receive the asset as well as save you money in legal matters.
If the deceased person died intestate, formal estate administration is not required for the transfer of ownership of a motor vehicle or mobile home according to the Florida Statutes section 319.29. If the deceased owner did not leave a will, this statute simply requires for the application to be accompanied by a statement that the estate is not in debt and the surviving spouse and heirs, if any, have amicably agreed upon the division of the estate.
If the deceased left behind a valid will and last testament, the Florida Statutes section 319.29 still allows for the transfer of the vehicle or mobile home without undergoing probate, but with slightly different requirements. They are that the application must include a certified copy of the will and an affidavit that the estate is solvent if probated, or a sworn copy of the will and an affidavit that the estate is not indebted.
Probate Lawyers Gainesville Residents Can Trust
If you are waiting to receive a vehicle, mobile home or RV either through probate or without it, it is important that you seek out an attorney. An experienced attorney can help you through the process to ensure that everything is filed properly in order to receive your assets as soon as possible. Contact The Law Office of Silverman, Mack & Associates today for probate lawyers in Gainesville, FL.