How To Remove A Deceased Person’s Name From A Deed In Broward County And Throughout Florida.
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 and probate matters, there are several steps to this process. Additionally, when trying to clear title to real estate, 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, this affidavit is not available in a form document because there are a variety of clauses that can and should be added to the document to remove any clouds on title.
Furthermore, a qualified professional should draft an Affidavit to make sure the Affidavit is signed by the appropriate party and in the presence of a notary. This document is signed under penalties of perjury, so be careful of the content that is included in the Affidavit.
What Other Documents Are Needed To Get The Property In The Name Of A Surviving Spouse Or The Parties Named In A Life Estate Deed?
Other documents may be needed like a non-identification affidavit which is used when a person with a similar name appears in the public records who may have judgments or other liens against them. Also, if the decedent died in Canada owning Florida real estate (or died in another country), then an affidavit will likely be needed to record the foreign Death Certificate in our public records.
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