How to Transfer a Deceased Parent's Florida House to Children When There Is No Will

Detailed Answer — How property owned by a Florida decedent without a will normally gets transferred to heirs

When a person who owned a house in Florida dies without a will (intestate), you need to follow Florida law to transfer title. Below are the typical steps, important legal rules that often apply, and links to the statutes that govern these topics. This explanation uses simple, plain language so you can understand what usually happens and what to do next.

1) Confirm how the house was titled

Start by checking the deed and public records for the property. The title determines whether the house automatically transfers or whether you must open probate.

• If the deed shows joint tenancy with right of survivorship or a valid survivorship ownership (for spouses sometimes tenancy by the entirety), the surviving owner(s) typically take title automatically and probate is not required.
• If the deed names a Transfer-on-Death (beneficiary) deed, that beneficiary takes title when the deed is recorded following death. Florida’s beneficiary (transfer-on-death) deed rules are in Fla. Stat. § 732.901 et seq.: Fla. Stat. § 732.901.
• If the decedent owned the house alone (sole name) and there is no beneficiary deed, title does not transfer automatically and you usually need to handle the property through probate or a related procedure.

2) Understand how Florida law divides property when there is no will

Florida’s intestacy (no-will) rules determine which relatives inherit. Chapter 732 covers intestate succession: Fla. Stat. ch. 732.

Special rules apply to a homestead property (the principal residence). The Florida Constitution protects homestead and changes who can inherit if a surviving spouse or minor children exist. See Article X, section 4 of the Florida Constitution: Fla. Const. Art. X §4. Because homestead rules can alter heirs’ shares, confirm whether the house qualifies as homestead.

3) Decide whether probate or another procedure is appropriate

Options commonly used in Florida:

• Summary administration. If the estate’s probate assets are small (or the decedent has been dead more than two years), you may qualify for summary administration instead of full administration. The summary administration statute is Fla. Stat. § 735.201: Fla. Stat. § 735.201. Summary administration is faster and less formal, and the court issues an order that allows you to transfer title.
• Formal administration. If summary administration doesn’t apply (for example, large estate value or complicated creditor matters), you must open a formal probate case. Chapter 733 and Chapter 735 of the Florida Statutes contain the probate procedures: Fla. Stat. ch. 733 and Fla. Stat. ch. 735.

4) Typical step-by-step process to put the house in heirs’ names

1. Gather documents: certified death certificate, current deed, mortgage statements, recent tax/insurance bills, and contact info for siblings and other heirs.
2. Confirm title details with the county property appraiser/recorder (to see deed language and liens).
3. If a beneficiary deed or survivorship title exists, record any required documents (such as an affidavit and certified death certificate) with the county recorder to complete the transfer.
4. If no automatic transfer applies, determine whether the estate qualifies for summary administration. If so, file a petition for summary administration in the county probate court where the decedent lived or where the property is located. See Fla. Stat. § 735.201: link.
5. If summary administration does not apply, file a petition for formal administration and ask the court to appoint a personal representative. The court will supervise notice to creditors and distribution of assets.
6. Once the court issues an order distributing the property to the heirs or appointing the personal representative with authority to transfer the real estate, record a certified copy of the order with the county recorder (clerk of court) to change the deed into the heirs’ names.

5) Other legal and practical issues to watch for

• Mortgages and liens. A mortgage stays attached to the real property. The bank can foreclose if payments stop. The personal representative may need to arrange payoff or refinancing.
• Creditor claims. Probate gives creditors a limited period to file claims. The type of administration you use affects the timing and notice requirements.
• Family disputes and homestead complications. If there is a surviving spouse, minor children, or disagreements among heirs, the matter becomes more complex. Homestead protections may prevent simple distribution and can require court resolution.
• Taxes and fees. There may be probate filing fees, costs to record deeds, and possible estate tax or income tax consequences depending on the estate’s size and assets.

6) How to record the court order or other transfer documents

After the court signs an order transferring the property (or after a valid beneficiary deed becomes effective), take a certified copy of the order and a certified death certificate to the county recorder/registrar where the property is located. The clerk will record the order and issue a new deed or let you record a deed from the personal representative to the heirs. Recording completes the public transfer of title.

When you should speak with a lawyer

Consider hiring a Florida probate attorney if any of the following apply:

• The property is homestead or the decedent left a surviving spouse or minor children.
• There are liens, a complex mix of assets, or potential creditor claims.
• Heirs disagree about distribution or someone contests the transfer.
• You are unsure whether summary administration applies.

Finding an attorney experienced in Florida probate and real property will help you avoid mistakes and complete the transfer correctly.

Disclaimer: I am not a lawyer. This article explains general information about Florida law and common procedures. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Florida probate attorney.

Helpful Hints

• Order several certified death certificates right away; many offices and agencies will require certified copies to complete transfers.
• Check the deed language carefully for words like “joint tenancy,” “survivorship,” or a named beneficiary—these determine whether probate is needed.
• Look for a recorded beneficiary (transfer-on-death) deed before starting probate. If present and valid, it usually avoids probate. See Fla. Stat. § 732.901: link.
• If the estate appears small, check whether summary administration under Fla. Stat. § 735.201 can be used: link.
• Visit your county property appraiser or clerk’s website to get copies of the recorded deed and to learn the local recording fees and requirements.
• Keep clear records of communications with banks, mortgage companies, and insurers. If mortgage payments stop, the lender can start foreclosure even during probate.
• Obtain a title search if you plan to sell quickly or if you suspect undisclosed liens. Title companies can help confirm clean title before sale or refinance.
• If family members disagree, consider mediation early to avoid expensive court fights.