While dying without a will is never recommended it does happen. When this occurs cars and boats in the decedent’s name need to be transferred to new owners. Florida statutes 319.28 and 328.01 address transfers of title in these situations. If there is not a dispute among the heirs as to who should receive the vehicle or boat then the transfer can be conducted outside of probate. There is a Form HSMV 82040 provided by The Florida Department of Highway Safety and Motor Vehicles that includes a section for these transfers. Section 13 entitled Release of Spouse or Heirs Interest, on the second page requires each spouse, co-owner or heir to sign off on the transfer “under penalties of perjury”.
The department will require that you provide a death certificate and may require additional documentation.
There are numerous problems that could arise in this situation if the heirs disagree as to who should get the property or if there is a challenge to the transfer after the fact. Letting your heirs know your intentions prior to your death will avoid future problems and allow you to have your property disbursed how you want.