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How to Remove a Deceased Person’s Name from a Deed in Broward County
Removing the name of a deceased person from a deed to property is a commonly asked question. The reason why most people ask how to remove the deceased’s name is to “clear title” to the property (and to have the property tax bill issued in the name of the current owner). Like most real estate matters, there are several steps to this process. Additionally, when trying to clear title several other legal issues need to be taken into account, including homestead issues, probate, creditor claims, interests of children, future interests and trusts and taxes, just to name a few.
Generally speaking, removing a deceased person’s name from a deed requires three documents:
1. A certified copy of the deceased property owner’s Death Certificate. You can get this from the Florida Office of Vital Statistics. When requesting Death Certificate, be sure to tell them that the cause of death cannot show on the certificate.
2. You will need some tax forms from the State of Florida Department of Revenue (DOR). Some forms you may need are a DR-219, a DR-312 and an Affidavit of No Florida Estate Tax Due. You can view and download these forms at the Florida Department of Revenue website.
3. If a married couple owns the property and one spouse is deceased, you may need an Affidavit of Continuous Marriage. This document specifies the marriage dates and details the property’s legal description, which the couple jointly owned until the death of one spouse. This affidavit is not available in a form document. A qualified professional should draft it and it should be signed by an appropriate party in the presence of a notary.
This is only a general description of what you need to do to remove a deceased person’s name from a deed. This process can be complicated by probate issues, including creditor claims and the interests of heirs. We recommend you consult a real estate lawyer and/or probate lawyer for professional help and guidance.
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