Disclaimer: This is educational information, not legal advice. Laws change and every case is different. Consult a licensed Florida attorney for advice tailored to your situation.
Detailed Answer — Step-by-step overview for transferring real estate after a spouse’s death under Florida law
This section explains the common paths to move title so a child becomes the owner after a spouse dies. Because your facts are not provided, the steps below cover the typical scenarios and the documents and filings you will likely encounter in Florida.
- Confirm how title was held:
Start by obtaining a copy of the recorded deed at the county clerk/recorder’s office where the property is located (online records are often available). The deed language determines the next steps. Common title forms and their effects in Florida:
- Tenancy by the entirety (typical for husband and wife): ownership automatically passes to the surviving spouse on death. No deed from the decedent is required; the survivor is vested as sole owner, but you may want to record the death certificate to update the public record.
- Joint tenants with right of survivorship: surviving joint tenant(s) automatically own the property on the death of a joint tenant. Recording a death certificate or affidavit of survivorship will clear title.
- Tenants in common or sole ownership: the decedent’s share does not automatically transfer to another person. Title passes according to the decedent’s will or Florida intestacy rules and normally requires probate or another statutory transfer mechanism.
- Get certified documents:
Obtain the decedent’s certified death certificate and a certified copy of any will. If a will names a personal representative (executor), you will generally need Letters Testamentary or Letters of Administration issued by the probate court before a personal representative can sign a deed transferring real property.
- Decide whether probate or another procedure is required:
Which process applies depends on how title was held and whether there is a will:
- If title had survivorship (tenancy by the entirety or joint tenancy), the survivor is generally the owner immediately. To update public records, record the death certificate and, if needed, an affidavit showing survivorship.
- If the decedent held title alone and the will leaves the property to your child, or if the decedent died intestate (no will) and the child is the heir, you generally must transfer title through the probate process so the personal representative can execute and record a deed. Florida probate law and administration rules are at the Florida Statutes, Chapter 733 (administration) and related probate chapters: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
- Summary or simplified procedures may apply in limited cases. Chapter 735 covers certain dispositions without full administration (small estates or summary administration in defined circumstances): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html
- If probate is required — open an estate and obtain authority:
You or another interested person files a petition in the county probate court to open the estate. The court issues Letters of Administration (intestate) or Letters Testamentary (when there is a will), which empower the personal representative to sell or convey real estate and to sign deeds transferring title. See Florida probate statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html
- Prepare and execute the deed that transfers title to the child:
The deed must be correctly drafted with the legal description of the property and proper wording for the type of conveyance (quitclaim, warranty, personal representative’s deed, etc.).
- If the surviving spouse (or the personal representative) is transferring title to the child, that transferring party signs the deed in front of a notary public.
- If a personal representative is signing under probate authority, record the Letters with the deed or attach a certified copy so the recorder accepts the instrument.
- Pay applicable taxes, fees and prepare transfer paperwork:
Recordation fees and documentary stamp taxes may apply to deeds in Florida. Recording requirements exist under Florida law, Chapter 689 (conveyances) and Chapter 695 (recording instruments): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/0689.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0695/0695.html
- Record the deed with the county clerk/recorder:
Take the executed deed, certified death certificate (if required), and any required probate documents (Letters of Administration/Testamentary) to the county recorder’s office where the property is located. The clerk will accept and record the deed, after which the new owner will appear in the public records.
- Address title issues, liens, and homestead rules:
Outstanding mortgages or liens must be satisfied or dealt with at transfer. Also be aware Florida’s homestead protections and constitutional provisions can limit how homestead property is passed on death — homestead law is complex and can affect whether and how a child can receive title. Consult the Florida Constitution and a probate attorney about homestead protections: https://www.flsenate.gov/Laws/Constitution
- Consider a title search and title insurance:
Before recording, perform a title search or hire a title company to make sure there are no unexpected liens or title defects. Consider obtaining title insurance for the child’s protection after transfer.
Practical document checklist (typical)
- Certified death certificate (multiple copies).
- Copy of the recorded deed(s) showing current ownership.
- Certified copy of the will (if any).
- Letters of Administration or Testamentary from the probate court (if probate applies).
- Proposed deed transferring title to the child (drafted by a lawyer or title company).
- Payment for recording fees and any documentary stamp taxes.
- Title search or title insurance commitment (recommended).
Because Florida law treats survivorship, homestead, and probate differently than many other states, take time to determine exactly how the property is titled and whether homestead protections or outstanding liens affect the transfer.
Helpful Hints
- Start at the county recorder/clerk’s website. Many counties publish recorded deed copies and probate case information online.
- If the surviving spouse already owns the property by survivorship, a recorded death certificate or a short affidavit may be sufficient to clear title; a new deed transferring to the child can then be executed by the surviving owner.
- Do not attempt to prepare or record a deed transferring real estate without verifying whether probate is required. Conveying property while probate is pending or without proper authority can create voidable transfers and title problems.
- Homestead issues can block a transfer to a child. If the decedent’s property was homestead, consult an attorney before assuming you can transfer title to a child.
- If you are both a surviving spouse and the parent of the child, think ahead: you may want to consult estate planning counsel to ensure the child’s title is protected for the long term (e.g., via trust or clear deeds).
- Use a local probate or real estate attorney or an experienced title company for deed drafting, probate filings, and recording steps — small mistakes can cause long-term title problems.
Relevant Florida statutes and resources (for further reading):
- Conveyances (Florida Statutes, Ch. 689): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/0689.html
- Recording instruments (Florida Statutes, Ch. 695): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0695/0695.html
- Intestate succession (Florida Statutes, Ch. 732): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
- Administration of estates (Florida Statutes, Ch. 733): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html
- Disposition without administration / summary procedures (Florida Statutes, Ch. 735): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html
- Florida Constitution (homestead protections and related provisions): https://www.flsenate.gov/Laws/Constitution
Next steps: verify how title is held by pulling the recorded deed, get certified copies of the death certificate and any will, and contact the county clerk’s office or a Florida probate/real estate attorney to determine whether probate is required and to prepare the proper deed and recording documents.