TL-21 Certificate of Title Applications Involving Trust Agreements

FL

HSMV

FLORIDA HIGHWAY SAF~ AND

MOTOR

VEHICLES

Division of

Procedure

Motorist Services TL-21

Motor Vehicle Procedure Manual

Title and Lien

CERTIFICATE OF TITLE APPLICATIONS INVOLVING TRUST AGREEMENTS

Table of Contents

Legal Authority ........................................................................................................................................... 1

Description and Use ................................................................................................................................... 2

Documentation Required and Special Instructions ................................................................................. 3

Miscellaneous Information ........................................................................................................................ 5

Revision(s) to Procedure............................................................................................................................ 6

Exhibit A ...................................................................................................................................................... 7

Exhibit B.................................................................................................................................................... 10

Exhibit C.................................................................................................................................................... 12

Exhibit D.................................................................................................................................................... 13

Legal Authority

Sections 319.22 and 319.23, Florida Statutes, provide for the transfer and issuance of original or

duplicate certificates of title for motor vehicles or mobile homes.

Sections 328.01, 328.03 and 328.11, Florida Statutes, provide for the transfer and issuance of original

or duplicate certificates of title for vessels.

The issuance and transfer of a certificate of title to or from a legal trust are authorized by these

sections.

Chapter 736 (Florida Trust Code) provides for Revocable Trusts, Duties and Powers of Trustee,

Liability of Trustee and Rights of Persons Dealing with Trustee, and Charitable Trusts, etc.

Revision Date: 06/26/23 Page 1 of 14

Effective Date: Immediately

Section 736.0703, Florida Statutes, provides information for cotrustees.

Section 736.1017 (1), Florida Statutes, allows for the Certification of Trust to be submitted in lieu of a

copy of the trust instrument.

Section 736.1017 (5), Florida Statutes, states the recipient of a Certification of Trust may require the

trustee to furnish copies of any excerpts from the original trust instrument and later amendments

that designate the trustee and confer upon the trustee the power to act in the pending transaction.

Description and Use

This procedure provides information and instructions to assist tax collector employees, license plate

agency employees, Florida Highway Safety and Motor Vehicles (FLHSMV) in establishing

requirements for certificate of title applications involving trust agreements.

As of July 01, 2023, FLHSMV has updated the Form HSMV 82040 Application for Certificate of Title

With/Without Registration. HSMV 82040 has been updated into three separate forms:

• HSMV 82040 MV – Application for Certificate of Motor Vehicle Title - HSMV 82040 MV

HSMV 82040 MV should be used when processing applications for certificate of title for the following

vehicle types:

o AU – Auto o TO – Tools

o BS – Bus o TR – Truck

o MC – Motorcycle o TT – Travel Trailers

o OH – Off-Highway

o VT – Vehicle Trailers

• HSMV 82040 VS – Application for Certificate of Vessel Title – HSMV 82040 VS

HSMV 82040 VS should be used when processing applications for certificate of title for the following

vehicle type: VS – Vessel

• HSMV 82040 MH – Application for Certificate of Mobile Home – HSMV 82040 MH

HSMV 82040 MH should be used when processing applications for certificate of title for the following

vehicle type: MH – Mobile Home

Revision Date: 06/26/23 Page 2 of 14

Effective Date: Immediately

Effective July 01, 2023, all certificate of Florida titles issued for Vessels will be required to be

processed using Form HSMV 82040 VS – Application for Certificate of Vessel Title. The signed Form

HSMV 82041 will no longer be accepted in lieu of Form HSMV 82040 VS.

FLHSMV anticipates accepting the current HSMV 82040 – Application for Certificate of Title

With/Without Registration for Motor Vehicles and Mobile Homes until December 31, 2023.

Effective January 01, 2024, all certificate of Florida titles issued for Motor Vehicles and Mobile Homes

will be required to be processed using Forms HSMV 82040 MV – Application for Certificate of Motor

Vehicle Title and HSMV 82040 MH – Application for Certificate of Mobile Home Title.

Documentation Required and Special Instructions

A. A trust is treated as a separate entity. A certificate of title may be transferred into the name of

a trust or transferred out of a trust. If a trust agreement is to effect or prevail, the motor

vehicle, mobile home or vessel must be in the name of the trust. One of the following must be

submitted.

1. A photocopy of the trust agreement must be submitted (along with the customer's

application for title) to verify the name of the trust and the name of the trustee, when

applicable. Only the following pages of the trust agreement are required:

• The first page.

• The page which specifies the name of the trustee and successor trustee.

• The page which shows the signature of the creator of the trust.

Any title being issued pursuant to a trust must include the name of the trust, even if the

customer is only requesting the trustee’s name to be shown on the title (see II, C, for

examples).

2. A photocopy of the Certification of Trust may be submitted in lieu of a photocopy of the

trust agreement. An example of a Certification of Trust is shown in Exhibit D. The

Certification of Trust must contain the following information:

• The trust exists and the date the trust instrument was executed.

• The identity of the settlor.

• The identity and address of the currently acting trustee.

• The powers of the trustee.

Revision Date: 06/26/23 Page 3 of 14

Effective Date: Immediately

• The revocability or irrevocability of the trust and the identity of any person holding

a power to revoke the trust.

• The authority of co-trustees to sign and whether all or less than all is required in

order to exercise powers of the trustee.

• The manner of taking title to trust property.

• The Certification of Trust must be signed by the trustee and notarized. If the

penalty of perjury clause is included, notarization is not required.

• The Certification of Trust must state that the trust has not been revoked, modified,

or amended in any manner that would cause the representations contained in the

Certification of Trust to be incorrect.

When a Certification of Trust is provided, a copy of any excerpt from the original trust

instrument and later amendments may be requested.

B. For documentation required, refer to:

1. Procedure TL-10 when the application is for an original certificate of title.

2. Procedure TL-11 when the application is for a transfer of a certificate of title.

3. Procedure TL-05 when the application is for a duplicate certificate of title.

4. Procedure TL-12 when the application is for a duplicate with transfer certificate of title.

C. The following list is provided as examples of designations used to describe a trustee, a trust,

and a U/D/T (Under Declaration of Trust). A copy of the trust agreement or certification of

trust is required. Refer back to II, A.

EXAMPLES: Smith Family Trust

John Smith as Trustee for Smith Family Trust

Friendly Bank, U/D/T

1. In instances where the trustee was previously named, that person should sign as trustee.

EXAMPLES: "John Smith, Trustee" – (John Smith should sign) "John Smith as Trustee

for

Smith Family Trust" - (The proper signature would be John Smith, Trustee).

2. In instances where there was previously an unidentified trustee, such as "Smith Family

Trust," or Friendly Bank, U/D/T, that person should sign as shown below:

Revision Date: 06/26/23 Page 4 of 14

Effective Date: Immediately

EXAMPLES: "Smith Family Trust" – (The proper signature would be John Smith, Trustee

for Smith Family Trust) "Friendly Bank, U/D/T" – (The proper signature

would be Larry Smith, Trustee for Friendly Bank)

Miscellaneous Information

A. AFTER a title has been issued in the name of the trust AND the trustee, a copy of the trust

agreement would not be required when the trustee transfers the title to a new purchaser.

Example: "John Smith as Trustee for Smith Family Trust" - (John Smith is the trustee and could

transfer the title without submitting a copy of the trust agreement.)

However, if the title was issued in only the name of the trust, a copy of the trust agreement

or certification of trust would be required when the trustee transfers the title to a new

purchaser.

Example: "Smith Family Trust" – (Need trust agreement or certification of trust to show name of

the trustee for the Smith Family Trust.)

B. The only person authorized to sign certificate of title transactions for a trust is the

trustee unless a power of attorney has been assigned from the trustee to an individual

or a business. In this case, the authorized agent of the business must submit an

affidavit stating they are acting on behalf of the trustee. The power of attorney must

show a complete description of the motor vehicle, mobile home, or vessel.

C. If two trustees are named in the trust agreement or certification of trust with the

names joined by "and," both trustees must sign (i.e., duplicate application,

transferring title). If the names are joined by "or," either may sign.

If the trust agreement states that co-trustees can act independently/separately, either of

the co-trustees may sign the applicable application.

D. When the trustee of a trust is deceased, see DMS Procedure TL-18 for deceased instructions

and appropriate checklist.

E. A duplicate with transfer is not allowed when the title is in the name of a trust and the

trustee is deceased (see DMS Procedure TL-18 for deceased instructions).

Revision Date: 06/26/23 Page 5 of 14

Effective Date: Immediately

F. A Checklist is attached to this procedure as Exhibit A.

G. "Questions and Answers" pages are attached to this procedure as Exhibit B.

H. A “Definitions” page is attached to this procedure as Exhibit C.

I. An example of a “Certification of Trust” is attached as Exhibit D.

J. See Forms Appendix for a sample of the HSMV forms referred to in this procedure.

Revision(s) to Procedure

06/26/23 Added instructions for the new Form HSMV 82040s

01/12/23 Added the procedure to the new format.

Added Florida Statutes information on page 1.

Revision Date: 06/26/23 Page 6 of 14

Effective Date: Immediately

Exhibit A

TRUST CHECKLIST

APPLICATION FOR CERTIFICATE OF TITLE IN THE NAME OF THE TRUST

FLORIDA RECORD OUT-OF-STATE RECORD

___________ Florida Certificate of Title ____________ Out-of-state Certificate of Title

____________ HSMV 82042, or the VIN

Verification section on the form

HSMV 82040.

___________ HSMV 82040 or HSMV 82041, completed by the trustee.

___________ A copy of the trust agreement.

Or

A copy of the Certification of Trust

__________ Certificate of title completed for transfer by the seller to the trust and trustee (if

applicable).

__________ Lien satisfactions(s), if applicable.

__________ Florida sales tax or specify the sales tax exemption information on form HSMV 82040 or

82041.

__________ Florida license plate number or a non-use affidavit or mobile home decal or RP decal.

__________ Title fees.

Revision Date: 06/26/23 Page 7 of 14

Effective Date: Immediately

TRUST CHECKLIST

TRANSFER OF TITLE IN THE NAME OF THE TRUST OR TRUSTEE TO A PURCHASER

FLORIDA RECORD OUT-OF-STATE RECORD

___________ Florida Certificate of Title _________Out-of-state Certificate of Title

_________ HSMV 82042, or the VIN Verification

Section on the form HSMV 82040.

___________ HSMV 82040 or HSMV 82041, completed by the purchaser.

___________ Certificate of title completed for transfer by the trustee to the purchaser.

___________ Lien satisfaction(s), if applicable

___________ Florida sales tax or specify the sales tax exemption information on form HSMV 82040 or

82041, for the purchaser.

___________ Title fees for the purchaser.

NOTE: If the title was previously issued in only the name of the trust, a copy of the trust

agreement or Certification of Trust would be required when the trustee

transfers the title to a new purchaser.

Revision Date: 06/26/23 Page 8 of 14

Effective Date: Immediately

TRUST CHECKLIST

APPLICATION FOR DUPLICATE TITLE IN THE NAME OF A TRUST

__________ Form HSMV 82101, completed by the trustee.

APPLICATION FOR DUPLICATE WITH TRANSFER WHEN TITLE IS IN THE NAME OF A TRUST

__________ Form HSMV 82101, accurately completed in the applicable sections, by the trustee and

the purchaser.

__________ Florida sales tax or specify the sales tax exemption information on form HSMV 82040 or

82041, for the purchaser.

__________ Florida license plate number or a non-use affidavit or mobile home decal or RP decal, for

the purchaser.

__________ Title fees, for the purchaser.

NOTE: A duplicate with transfer is not allowed when the title is in the name of a trust

and the trustee is deceased (see DMS Procedure TL-18 for deceased instructions).

Revision Date: 06/26/23 Page 9 of 14

Effective Date: Immediately

Exhibit B

QUESTIONS AND ANSWERS

1. Q. WHAT IS A TRUST AGREEMENT?

A. A legal agreement created by a person for the purpose of holding property in trust on

their behalf.

2. Q. IS IT NECESSARY TO ATTACH A COPY OF THE TRUST AGREEMENT WHEN TRANSFERRING A

CERTIFICATE OF TITLE INTO THE NAME OF A TRUST?

A. A copy of the trust agreement or certification of trust is required and must be submitted

(along with the customer’s application for title) to verify the name of the trust. Only the

following pages of the trust agreement are required:

• The first page.

• The page which specifies the name of the trustee and successor trustee.

• The page which shows the signature of the creator of the trust.

3. Q. Who Is a Trustee?

A. The person(s) named in a trust agreement authorized to administer and supervise the

terms of the trust agreement.

Q. Who Becomes Trustee Upon the Death of The Trustee?

A. The successor trustee.

4. Q. Who Becomes Trustee Upon the Death of The Trustee?

A. The successor trustee.

5. Q. WHO ASSIGNS A SUCCESSOR TRUSTEE?

A. The person who created the trust.

6. Q. When Is the Successor Trustee Allowed to Use Their Power?

A. Upon the death of the trustee.

Revision Date: 06/26/23 Page 10 of 14

Effective Date: Immediately

7. Q. Can The Trustee Give Power of Attorney to An Individual?

A. Yes.

8. Q. Does The Successor Trustee Have to Show a Copy of The Trustee’s Death Certificate?

A. Yes.

9. Q. A Will Leaves a Motor Vehicle or Mobile Home to A Trust. Does The Title Have to Go in The

Name of The Trust Prior To Sale or May the Designated Trustees, (According to The Trust),

Sell the Property?

A. If the will leaves the property to a trust, the title must be issued into the name of the trust

before title can be transferred to a new owner.

10. Q. A Will States That a Motor Vehicle or Mobile Home Goes to A Child and The Trust States It

Goes to Two Children; Must Both Take Title?

A. If the will specifies that the motor vehicle or mobile home goes to a child, follow the

instructions in the will. If the will leaves the property to the trust, then the trust agreement

should be followed.

11. Q. Title Reads: John and Mary Doe Trust, Dated 08/19/02. What Do We Need When Both Are

Deceased?

A. We need a death certificate for both individuals. Depending on how the trust agreement

reads, the trustee can transfer ownership. If a successor trustee has been named, then the

successor trustee will be the one to transfer ownership.

12. Q. What Takes Priority, A Will, or Trust Agreement? Does The Will Replace a Trust and Does the

Successor Trustee, If Any, Have to Take Title or Can They Sell It?

A. It depends on the ownership of the vehicle (estate or trust). If the vehicle is owned by the

estate and was never transferred to the trust, go by deceased instructions. If the vehicle is

owned by the trust and the trustee is deceased, the successor trustee can transfer

ownership. The successor trustee does not have to take title before selling if the title is in

the name of the trust (Smith Family Trust).

Revision Date: 06/26/23 Page 11 of 14

Effective Date: Immediately

13. Q. Title Reads: Doe, John, and Mary. The Will States Decedent Left Everything to The Trust or

Trustee, Although the Property Is Not in The Name of The Trust. Suppose There Is More

Than One Heir, But the Trust Only Names One Successor Trustee?

A. Since the will left everything to the trust or trustee, title must be issued in the name of the

trust or trustee, prior to selling. If the trust names one successor trustee, then the

successor trustee can settle the estate without other heirs signing. The primary

determining factor to consider in these situations is ownership of the motor vehicle. After

reading the trust agreement and the will and ownership is clearly established, you follow

the appropriate procedure.

Exhibit C

DEFINITIONS

LIVING TRUST A trust that takes effect during the lifetime of the settlor.

REVOCABLE TRUST A trust that can be changed or revoked at any time.

SETTLOR A person who makes a settlement of property.

UNDER DECLARATION OF TRUST The document signed by a trustor (settlor) creating a

trust into which assets are placed, a trustee is appointed

to manage the trust (who may be the party who created

the trust), the powers and duties of management of the

principal and profits of the trust are stated, and

distribution of profits and principal is spelled out.

IRREVOCABLE TRUST A trust that cannot be changed or revoked.

Revision Date: 06/26/23 Page 12 of 14

Effective Date: Immediately

is ertification

of

Trust is

made

this

___

day

of

_____

20

__

, by the undersi

gne

d,

pursuant to and in accordance with Sect

io

n 736.

IO

I 7, Florida Statutes; accordingly, said undersigned

hereby

cert

ifies the

fo

ll

ow

in

g:

I. That certain Trust known as the

___________

(here

in

after the "

Trust")

was duly

executed and created by

______

Settlor, on

------

~ 20

__

,

an

d remains in fu

ll

force and effect as

of

the date hereof.

2.

The

Trustc.c(s)

__________

whose

address is

---------------~

is the current duly authorized and acting Trustee

of

the Trust.

3. That,

if

the undersigned is not the currently vested Trustee

of

record, attached hereto are true and

correct

cop

i

es

of

the

pertinent pages

of

the

Trust

and any additional documentati

on

required

to

estab

li

sh

the undersigned as

the

currently acti

ng

Trustee

of

the Trust.

4.

The

Trust grants the

unders

igned fu

ll

power and authori

ty

to

sell, lease, encumber, manage and

otherwise dispose

of

any and a

ll

trust property.

5.

The

Trust authorizes

the

undersigned to execute

any

and a

ll

documents required in connec.tion wi

th

any sale, l

ease

mortgage

or

other transfer inc

lu

ding, without

Lim

itation, deed

s,

mortgages

certifications, affidavits, closing statements and other related documents.

6.

The

Trust

is:

(NOTE: Initial and complete,

if

appropriate, the applicable provision set forth below.)

Trust is Revocable and the power to revoke is/was held

by

_______

_

Trust is Irrevocabl

e.

CHECK ONE:

□ Motor Vehicle □ Mobile Home □ Vessel

Year

I Make/Manufacturer I Body Ty

pe

I Tit

le

Number

Veh

icl

eNessel Identification Number

7.

That

title to a

ll

property

of

the

Trust including, without

li

mitation,

the

above

de

cribed property shall

be

titled as

fo

ll

ows: " as Trustee

of

the

________

_

8.

The

Trust has not been revoked, modified or amended in any manner that

wou

ld cause any

representat

io

n

or

certification contained herein to

be

untrue or incorrect in any manner.

Exhibit D

Revision Date: 06/26/23 Page 13 of 14

Effective Date: Immediately

The

undersigned hereby acknowledges and agrees that this Certification

ofTrust

is

being made

pursuant

to

and

in

accordance with Section 736.10

17

, Florida Statutes, with

full

understanding that

it

will be relied upon

to

establish the truth

of

the matters set forth herein as provided under said Section

736.10

17

, Florida Statutes.

Under penalties

of

perjury, I

dec

lare that I have read the forgoing document and that the facts stated

in

it are true.

Signature(s):

________________________________

_

Trustee Co-Trustee(s)

Printed Name(s):

_____________________________

_

Trustee

Co

-Trustee(s)

Revision Date: 06/26/23 Page 14 of 14

Effective Date: Immediately