Detailed Answer
1. Determine Intestate Heirs Under Florida Law
When a homeowner dies without a will in Florida, the property passes by intestate succession. Florida Statutes §732.102 outlines the order of heirs. If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate. If the decedent leaves descendants (children) but no surviving spouse, the descendants inherit equally. When there is both a spouse and descendants, the spouse shares with the descendants according to prescribed percentages. For full details, see Fla. Stat. §732.102.
2. Open an Estate Administration
Next, an interested heir must file a Petition for Administration in the county where the property lies. The court appoints a personal representative (PR) under Fla. Stat. §733.301. The PR gathers assets, pays debts, and obtains a court order confirming the heirs and directing distribution of the homestead.
3. Transfer Title via Court‐Approved Deed
After administration, the PR prepares a deed conveying the property from the estate to the intestate heirs. The deed should reference the court’s order, be signed and notarized by the PR, and then recorded in the county clerk’s office. Each heir typically holds title as tenants in common, unless they agree otherwise.
4. Small Estate Affidavit Alternative
If real property is the only asset and more than two years have passed since death, any heir may record an affidavit in the public records under Fla. Stat. §732.401(3) to transfer title without full probate. Note this shortcut applies only when no administration has been pending.
Helpful Hints
- Verify heirship before filing—obtain certified death certificates and birth records.
- Consult county clerk’s probate procedures for local filing fees and forms.
- Consider title insurance to guard against unknown liens or claims.
- Communicate clearly among heirs to avoid disputes over sale or maintenance.
- Maintain detailed records of distributions, expenses, and court filings.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your particular situation.