How do I remove a name from a deceased deed in Florida?

Generally speaking, removing a deceased person’s name from a deed requires recording in the public records three documents:

A certified copy of the deceased property owner’s Death Certificate.
Tax forms from the State of Florida Department of Revenue (DOR).

How does real estate title work in Florida?

Typically, when married couples are listed under the real estate title as “husband and wife” a tenancy by the entireties is presumed. At the death of one spouse, the real estate interest passes automatically to the surviving spouse by operation of law similarly to the joint tenancy with right of survivorship.

What does husband and wife mean in Florida?

In Florida, if the deed says John Doe & Jane Doe as husband and wife, that signifies a tenancy by the entireties which automatically gives the surviving spouse full title to the real property.

Can a married couple own real estate in Florida?

But, under Florida law, any asset jointly owned by a married couple under the requisite conditions is assumed to be held as tenants by the entireties. Thus, real estate, personal property, financial accounts, and even intellectual property can be co-owned as tenants by the entireties—provided all requirements are met.

What are the different ways to hold title in Florida?

There are four different ways to hold title in real property in Florida: (1) tenants in common; (2) joint tenancy; (3) joint tenants with right of survivorship; and (4) tenancy by the entireties.

Are there any common ways to hold title in Florida real estate?

Since there is no right of survivorship in this form of ownership, one of the main advantages of owning real property in this manner is that each tenant in common may pass his or her interest in the property via a will to whomever they choose.

Can a spouse take title to a homestead in Florida?

The take away is that when only one spouse is going to take title to homestead property in Florida, it must be made clear that the other spouse will still need to sign documentation regarding the mortgaging or conveyance of that property unless they have previously executed a valid and binding waiver of their Florida homestead rights.

Under Florida law, real estate held by married couples is almost always held as tenants by the entireties. This form of ownership has the following important features: Tenancy by the entirety is a type of joint ownership available to married couples. Both spouses must simultaneously acquire their interests in entireties property while married.

When to transfer real estate title in Florida?

Similarly to the joint tenancy with right of survivorship, at the death of the first spouse if nothing more is done, then at the death of the surviving spouse Florida probate will need to be done to transfer the title. This is an all-to-common situation here in Miami-Dade and throughout Florida.