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, 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 a few tax forms from the State of Florida Department of Revenue (DOR). Some forms you may need are a DR-219 and a DR-312, which is called 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 likely need an Affidavit of Continuous Marriage in order to remove a deceased person’s name from the deed. This Affidavit should specify the date of marriage and include the property’s legal description, which the couple jointly owned until the death of one spouse, as well as other pertinent information to clear title like was the decdent survived by any minor children.
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.
This article 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 made complicated by probate issues, including creditor claims, undue influence claims and the interests of heirs. We recommend you consult a real estate lawyer and/or probate lawyer for professional help and guidance. Most attorneys, like Larry Tolchinsky, will gladly anwer your questions free of charge.
You May Also Be Interested In:
- Florida Probate
- How To Look Up A Florida Deed
- Anatomy of A Florida Real Estate Closing
- Frequently Asked Questions Regarding Real Estate Closings
- Duties of a Closing Agent
- Real Estate Pre-Closing Checklist
- 3 Common Forms of Ownership of Florida Real Estate
- 3 Steps to Adding a Name to a Deed
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