How do I determine ownership when my deceased parent is the only name listed on the deed? - Florida
The Short Answer
If your deceased parent is the only person listed on the deed, the home is generally treated as part of your parent’s estate, and ownership typically passes either under a valid will or under Florida’s intestacy laws. However, Florida homestead rules and family circumstances (like a surviving spouse or children) can change who receives what interest in the property.
What Florida Law Says
In Florida, when someone dies owning Florida real estate in their sole name, the key questions are whether the property was effectively disposed of by a will and whether the property qualifies as protected homestead. If there is no effective will disposition, Florida law provides that the decedent’s property passes to heirs under the intestacy statutes, and the right to that intestate property vests at death—though clear, marketable title often still requires probate-related court action or documentation.
The Statute
The primary law governing this issue is Fla. Stat. § 732.101.
This statute establishes that any part of a decedent’s estate not effectively disposed of by will passes to the decedent’s heirs under Florida’s intestacy rules, and that the decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.
Two other Florida statutes often determine who the heirs are and how shares are divided: Fla. Stat. § 732.102 (surviving spouse’s share) and Fla. Stat. § 732.103 (share of other heirs, including descendants).
If the property is Florida homestead, the inheritance can be controlled or restricted by homestead descent rules. In many common scenarios involving a surviving spouse and descendants, the spouse may receive a life estate (or may elect a one-half tenant-in-common interest) with the remainder going to descendants. See Fla. Stat. § 732.401.
Related reading: Can I Transfer Property Title After a Death When No One Has Taken Ownership in Florida? and How Can I Update a Property Deed After My Spouse Dies in Florida?.
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to a specific deed and family situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If the property is homestead and there is a surviving spouse, Florida law includes a time-limited election (generally within 6 months of death) that can change the spouse’s interest. See Fla. Stat. § 732.401.
- Burden of Proof: You may need to prove whether the property was homestead, identify all heirs, confirm marital status, and address any claims that someone else has an ownership interest despite not being on the deed (for example, based on how the property was used or paid for).
- Exceptions: Homestead rules, creditor issues, and whether there is a valid will (or a will that attempts to devise homestead in a restricted situation) can significantly change the result and can create title problems if handled incorrectly.
Trying to “figure it out” informally can lead to a clouded title, family disputes, or a failed sale/refinance later. A Florida probate attorney can evaluate the deed, confirm the correct heirs/interests under Florida law, and recommend the right legal path to clear title.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.