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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. You will need to remove the deceased’s name in order to “clear title” to the property. Like most real estate matters, there are several steps in the process. It is important to note, when "clearing title" you need to take into account future interests, trusts and taxes, just to name a few related issues.

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 will 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. We recommend you consult a real estate lawyer for professional help and guidance.

 

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Broward County Lawyers representing clients throughout South Florida including the cities of
Hallandale, Hollywood, Aventura, Sunny Isles, Miramar, Pembroke Pines, Weston, Davie,
North Miami Beach and Dania Beach since 1982
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