Do You Need a Title to Junk a Car in Florida?

The short answer

For a Florida-titled vehicle, yes, you generally need the title or a legal substitute for it. A buyer cannot get marketable ownership of your car without a certificate of title (FS 319.22(1)), and a licensed salvage buyer has to account to FLHSMV for every title it takes in. Anyone who tells you "no title, no problem, we'll take it" for a five-year-old car is either planning to skip the law or planning to pay you a lot less than the car is worth.

There is one real exception. Florida lets a licensed salvage motor vehicle dealer or registered secondary metals recycler take a derelict vehicle, meaning one that is at least 10 model years old, valued under $1,000 and only good for scrap or parts, on a derelict motor vehicle certificate instead of a title. That path is explained below, including what it requires from you. For everything else (lost title, deceased owner, never transferred, lien, out-of-state), the answer is not "you can't sell it." The answer is "here is the form that gets you a title, and here is how long it takes." Most of these are one trip to a tax collector office in Cape Coral, Fort Myers, Naples or Punta Gorda.

Option A: You lost the title. Get a duplicate with HSMV 82101

This is the most common situation and the easiest. If the title is in your name and it is simply lost, stolen or damaged, you apply for a duplicate.

What to bring

• HSMV 82101, Application for Duplicate or Lost in Transit/Reassignment for a Motor Vehicle, Mobile Home or Vessel Title Certificate, filled out and signed by every owner shown on the record.
• A current driver license, ID card or passport for each titled owner (the Lee County Tax Collector asks for a copy of valid identification for all titled owners).
• Proof of address if yours has changed since the title was issued (the form lists what counts).
• The fee: $75.25 for a duplicate, plus $2.50 if you want it printed on paper, per the FLHSMV fee schedule. Add $10 for fast-title service and you walk out with the paper title the same day.

Two details people miss

First, if you ordered a title, at least 20 days passed and it never arrived, that is a "lost in transit" request, and there is no fee if you apply within 180 days of the last issuance. Second, if a lien is still on the record, the duplicate goes to the lienholder unless the lienholder countersigns the form authorizing release to you. Clear the lien first (Option E).

If you are in Lee County, you can mail the application to the tax collector, but for a car you want gone this week the in-person fast title at a service center is the sensible route. Collier, Charlotte and Sarasota tax collectors offer the same service.

Option C: The title is in a deceased relative's name

This one has a form for every situation, and FLHSMV's Procedure TL-18 (revised July 2024) lays them out. The legal basis is FS 319.28, transfer of ownership by operation of law. Which path you use depends on whether the estate is being probated and who else is on the title.

The estate is in probate

The personal representative signs the "Transfer of Title by Seller" section (or applies for a duplicate with HSMV 82101 in the deceased owner's name if the title is missing), and the buyer or heir files HSMV 82040 MV, Application for Certificate of Motor Vehicle Title, with a photocopy of the Letters of Administration, any lien satisfaction, and the title fee.

No probate, and there is a surviving spouse

The surviving spouse can sign the title over to a buyer without first taking title in their own name (FS 319.28(1)(c) and TL-18 section E). If the spouses were co-owners, HSMV 82152, Application for Surviving Spouse Transfer, removes the deceased spouse from the title with no title fee; you need a certified death certificate and ID.

No probate, no surviving spouse

The heirs complete the "Release of Heirs" section on HSMV 82040 MV, attach a photocopy of the death certificate, and supply the affidavit FS 319.28(1)(b) requires: that the estate is not indebted and that the surviving spouse, if any, and the heirs have amicably agreed on the division of the estate. If a will exists but is not being probated, a sworn copy of the will goes with it.

Two names joined by "or"

If the title reads "Mary Smith or John Smith" and one has died, the survivor takes all rights and can sign the car over to anyone (TL-18 section C; FS 319.22(2)(a)1.a). No estate paperwork needed beyond the death certificate if a new title is required.

Practical advice from the buyer's side: get the title into a living heir's name before you sell, or bring the complete TL-18 package to the pickup. A buyer that has to guess whether your heir affidavit will be accepted at the tax collector will discount for that risk or decline. We would rather you spend one morning at the tax collector and get paid properly.

Option E: There is a lien on the title

A lienholder printed on the title has to be released before the car can be transferred, whether the loan was paid off ten years ago or you are still making payments.

• Paid off, paper title: the lender completes HSMV 82260, Lien Satisfaction. The form itself says the lienholder must mail it to FLHSMV within 10 days after final payment. If your lender never did, call them and ask for the lien satisfaction letter or a signed 82260; most produce it in a few days.
• Paid off, electronic title: the lender releases the lien electronically. Per FLHSMV's ELT page, the title stays electronic until you request a paper copy ($4.50 through MyDMV Portal, mailed in three to four weeks, or same-day at a tax collector with the fast-title fee).
• Still owed: get a payoff letter from the lender. A cash buyer will not pay off a lien for you on a junk car; the numbers rarely work. You settle the balance, the lender releases, then you sell.
• Old lien, derelict car: under the 82137 process, a lien three or more years old is removed automatically when the derelict certificate is processed.

How this works with us

Florida Cash for Junk Cars & Trucks is a locally owned buyer with an office in Cape Coral, and we pick up from Naples to Sarasota, including Naples, Port Charlotte and North Port. Pickup is free when we buy the vehicle. At pickup you sign the title, we match it to your photo ID, and you are paid in cash on the spot. If your situation is one of the options above, tell us which one when you call (239) 321-6781 or send the form; we will tell you what paperwork to have ready so the pickup is not wasted. Older running cars are welcome and priced on age, mileage and condition. If the title question is your only obstacle, it is usually a smaller one than it feels like.

Sources

• Florida Statutes 319.30 — Derelict motor vehicle and derelict motor vehicle certificate definitions
• FLHSMV Procedure TL-35 — Vehicles junked by owners and derelict motor vehicles (HSMV 82137 process)
• HSMV 82137 — Application for an Original/Duplicate Derelict Motor Vehicle Certificate and Request to Cancel Title (PDF)
• FLHSMV Procedure TL-18 — Title transfers involving deceased owners
• Florida Statutes 319.28 — Transfer of ownership by operation of law (death of owner)
• Florida Statutes 319.22 — Transfer of title; seller must be the owner shown on the title
• HSMV 82101 — Application for Duplicate or Lost in Transit/Reassignment for a Title Certificate (PDF)
• HSMV 82152 — Application for Surviving Spouse Transfer of Florida Certificate of Title (PDF)
• HSMV 82260 — Lien Satisfaction (PDF)
• FLHSMV — Fee schedule (duplicate title, paper title, fast title)
• FLHSMV — Paper liens and titles
• FLHSMV — Electronic Lien and Title (ELT)
• Lee County Tax Collector — Vehicle titles and registrations (duplicate title)

Last reviewed 2026-09-08. Florida rules and fees change; confirm the current figure on flhsmv.gov or with your county tax collector before you act on it.