Quick answer: a surviving spouse uses Form 82152, free and with no affidavit needed. Other heirs, with no debt and everyone in agreement, use Form 82040 plus a simple affidavit. No court order required either way.
By operation of law, no court order needed
Surviving spouse: the easiest path
A surviving spouse uses HSMV Form 82152 (Application for Surviving Spouse Transfer), a no-fee transfer under §319.32(7)(a)-(b). It requires only a certified death certificate, proof of identity, and proof of marriage if the spouse isn't already named on the death certificate — no will, no affidavit of solvency, and no court order.
Other heirs: one more form, one more affidavit
Without a surviving spouse, an heir uses HSMV Form 82040 (Application for Certificate of Title) along with an affidavit that the estate isn't indebted and that the surviving spouse, if any, and the heirs have agreed among themselves on the estate's division. If there's a will, a certified or sworn copy accompanies the application instead, along with an affidavit of solvency.
"OR" on the title means no form at all
If the title already joins two names with the word "OR" rather than "AND," that already establishes right of survivorship — the surviving owner simply brings the title and death certificate to the county tax collector to remove the deceased owner's name, no HSMV form needed.
Already in formal probate? The personal representative handles it
If the estate is already going through formal administration, the personal representative transfers the vehicle using their Letters of Administration instead of either simplified form.
A local probate attorney can review your estate — many offer a free consultation.
Both forms are processed at any authorized Florida tag agency or county tax collector's office — Miami-Dade, Broward, Orange, or anywhere else in the state.