Are You Allowed to Drive a Deceased Person's Car?

Whether you should drive a deceased person’s car depends on whether the vehicle was jointly owned, whether the vehicle has been transferred into your name, whether a probate has been opened, and other factors. Generally, you should not drive a deceased person’s car until the legal title of the vehicle has been transferred to you.

This article discusses vehicles owned solely by the deceased when that person passed away. If you owned the car jointly with the deceased, then you should still be able to drive the vehicle despite the death of the joint owner. The death of one owner does not destroy the ownership interest of the survivor. Florida law generally allows the surviving owner to continue using the vehicle, assuming it’s properly registered and insured.

Can I drive the deceased person’s car without a probate?

You should typically not drive a deceased person’s car before a probate has been opened. Probate is the legal process through which a deceased person's estate is administered. For vehicles, this means that generally before the title can be transferred, the vehicle must go through the probate process and be placed into the name of the personal representative of the estate.

Obviously, even if no probate has been opened, nothing physically stops you from driving the car if you have access to the keys and the car is in working condition. But if you get into a car accident, then the insurance company is unlikely to cover you for any damages. In addition, if you are pulled over by a police officer, you may find that the officer demands proof of current insurance for that vehicle, which you will be unable to provide. In the long term, you will find that you will be unable to renew the license plates for the vehicle or keep the registration current. All of this might make driving the car illegal under Florida law until a probate has begun.

However, there is one big exception to this rule. Under some circumstances, the DMV offices in Florida will allow you to transfer title without opening a probate. If you qualify for this and provide the DMV with the proper paperwork, you can legally avoid probate for that vehicle. Once the title has been transferred to you, you can drive the car without fear (assuming you have properly insured and registered the vehicle).

Can I drive a car owned by a probate estate if I am the personal representative?

If you are the personal representative of a probate estate, you have the authority to drive a vehicle owned by that estate. However, you should keep two things in mind before you start driving the car. First, you should only drive the car for valid estate purposes. If you take the car for a joyride or to run personal errands, then you diminish the value of the vehicle (by putting more miles on it) to the detriment of the person who is supposed to receive the vehicle (or its proceeds) from the estate. This could be a breach of fiduciary duty. Second, if you get into a car accident or otherwise cause damages with the vehicle, both you and the estate could potentially be held liable for your actions.

For both of the above reasons, a personal representative should also avoid letting others drive the vehicle while it is owned by the estate. As noted above, this would reduce the value of the vehicle. In addition, Florida’s dangerous instrumentality doctrine imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another. See Southern Cotton Oil Co. v. Anderson, 86 So. 629, 637 (1920). Thus, allowing the vehicle to be borrowed could result in multiple negative consequences.