Transfer of Florida Real Estate After Death
Jointly Owned Property and Property Owned as Tenants In Common
When it comes to lawfully transferring Florida real estate after death, both probate and real estate law will control the process. Understanding the rules under these laws can help ensure a smooth transition of property ownership and avoid potential legal disputes down the line.
Questions about transferring Florida real estate after death?
Whether the property passed through probate, a trust, or jointly with survivorship rights, the transfer process has specific legal requirements under Florida law. Larry Tolchinsky has handled real estate title and probate matters throughout Florida since 1994. Free consultation.
This article is intended to address two common scenarios:
1. Where Florida real estate is jointly owned and all owners have died. This includes where the property is owned by a husband and wife and both spouses are now deceased; and
2. Florida real estate owned as tenants in common and all owners have died, or one or more of the owners has died and at least one owner is alive.
Note, this article does not address cases where the real estate is owned by husband and wife or as joint tenants with rights or survivorship, and only one of the owners has died. For help with these issues, please see our article on how to remove a deceased person’s name from a deed.
How Long Do You Have to Transfer Property After Someone Dies in Florida?
If a family member has recently passed away and left behind a home or other real estate, one of the first questions families ask is: how quickly does this need to be handled and what happens if we wait?
There is no hard deadline but waiting creates problems.
Florida law does not impose a strict time limit on transferring real estate after death in most cases. However, the longer a property sits in a deceased person’s name, the more complications arise: property taxes, insurance lapses, creditor claims, title issues, and disputes among heirs can all compound over time.
If there is a will, probate must be filed within two years of the date of death.
After two years, the will may no longer be admitted to probate in Florida. This means heirs could lose their right to inherit under the will and the estate would instead pass under Florida’s intestacy laws which may produce a very different result than what the deceased person intended.
Some transfers happen automatically no probate required.
If the property was held jointly with rights of survivorship, the surviving owner takes title automatically upon death. If the deceased had a Lady Bird deed or a living trust, the property may also pass without probate. If none of these apply, probate is likely required before the property can be transferred or sold.
The process varies by situation.
How the property was titled jointly, as tenants in common, in a trust, or solely in the deceased’s name determines which legal process applies. The questions below address the most common scenarios in detail.
If you are dealing with a property that needs to be transferred after a death and are not sure where to start, call Larry Tolchinsky at (954) 458-8655 for a free consultation. He handles both probate and real estate matters and can advise you on the fastest and most cost effective path forward.
10 common questions about transferring real estate after death when there are no living property owners:
1. How can I transfer property after death without a will in Florida?
If the controlling deed does not contain life estate language, then the only way to transfer property without a will is by either a summary administration or by a formal probate administration based on Florida’s intestacy law. The difference between these administrations if based on the size of the estate, the nature of the assets in the estate, and how long ago the decedent(s) passed away. A summary administration is often a shorter process and less costly. Get help and see if your estate qualifies for a summary administration.
Note: Once the formal administration process is completed, the personal representative will issue a distributive deed to you, and the other beneficiaries, if any. If a summary administration is utilized, then the order of summary of administration will convey the property, which is the same as a deed in terms of transferring the property to you, and the other beneficiaries, if any. Meaning, a deed will not be issued. If you must have a deed, then once the order of summary administration is issued, you can transfer the property to yourself using a quit claim deed. A deed can be issued in 3 simple steps.
2. How can I transfer property after the death of my only surviving parent with a will?
If the controlling deed does not contain life estate language, then the only way to transfer property with a will is by either a summary administration or by a formal probate administration. The difference between these administrations is based on the size of the estate, the nature of the assets in the estate, and how long ago the decedent(s) passed away. A summary administration is often a shorter process and less costly. Get help and see if your estate qualifies for a summary administration.
Note: Once the formal administration process is completed, the personal representative will issue a distributive deed to you, and the other beneficiaries, if any. If a summary administration is utilized, then the order of summary of administration will convey the property, which is the same as a deed in terms of transferring the property to you, and the other beneficiaries, if any. Meaning, a deed will not be issued. If you must have a deed, then once the order of summary administration is issued, you can transfer the property to yourself using a quit claim deed. A deed can be issued in 3 simple steps.
3. How can I transfer property after the death of my only surviving parent without a will?
See question #1 above.
4. How can I transfer a property deed from a deceased relative in Florida?
If the controlling deed does not contain life estate language, then the only way to transfer property without a will is by either a summary administration or by a formal probate administration based on Florida’s intestacy law.
If there is a will, then the only way to transfer the property is by either a summary administration or by a formal probate administration. The difference between these administrations if based on the size of the estate, the nature of the assets in the estate, and how long ago the decedent(s) passed away. A summary administration is often a shorter process and less costly. Get help and see if your estate qualifies for a summary administration.
Note: Once the formal administration process is completed, the personal representative will issue a distributive deed to you, and the other beneficiaries, if any. If a summary administration is utilized, then the order of summary of administration will convey the property, which is the same as a deed in terms of transferring the property to you, and the other beneficiaries, if any. Meaning, a deed will not be issued. If you must have a deed, then once the order of summary administration is issued, you can transfer the property to yourself using a quit claim deed. A deed can be issued in 3 simple steps.
5. How to transfer a deed to a house after death in Florida?
See question #4 above.
6. How do you change a house deed when someone dies?
See question #4 above.
7. What happens to a house when the owner dies with a will in Florida?
See question #2 above.
8. What happens to property in Florida when someone dies?
See question #4 above.
9. Does Florida do transfer on death deeds?
If Florida, we do not use transfer on death deeds. However, a life estate deed does transfer the property to the remainderman upon the death of all life tenants.
10. When a parent dies who gets the house in Florida?
See question #4 above.
Please note:
It does not matter if the deed transferring the real estate to the now-deceased owners is a quit claim deed or warranty deed.
Also, this article is only a general description of what needs to occur to transfer Florida real estate after death. This process can be more complicated than described above. For example, there may be probate issues, including creditor claims, undue influence claims, a second marriage, and the interests of heirs.
Finally, when trying to clear title to real estate, several other real estate issues need to be taken into account, including homestead, construction liens, Federal tax liens, real estate taxes (tax certificate and tax deeds), foreclosure, and reverse mortgages, just to name a few. Therefore, we recommend and urge you to consult a real estate lawyer or probate lawyer for professional help and guidance.
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