When someone passes away, one of the first questions their family asks is: “Do we have to retitle the property—and how do we do it correctly?” In Florida, the answer depends on how the home was titled, whether it was homestead, and whether a trust or probate is involved. Getting this right protects your ability to sell, refinance, insure, and claim tax exemptions.
As our Inherited Property Advisors in Florida recommend, start by diagnosing the current title and then follow a clear step-by-step plan.Below is a practical, SEO-friendly guide to when you must retitle an inherited property in Florida, what documents you’ll need, and the safest path from uncertainty to clear title.
When You May Not Need A New Deed (But Still Must Record Something)
- Joint Tenants with Right of Survivorship (JTWROS). If the deed states “as joint tenants with right of survivorship,” the surviving owner typically becomes sole owner automatically. You still need to record the deceased owner’s death certificate and, often, an Affidavit of Survivorship.
- Tenancy by the Entireties (married couples). In Florida, a deed to “husband and wife” is usually tenancy by the entireties. The surviving spouse can perfect title by recording the death certificate and an Affidavit of Continuous Marriage.
- Property already in a Trust. If a living trust owned the property, there’s no probate for that asset. The successor trustee retitles via a Trustee’s Deed to the beneficiary or keeps title in the trust.
- Enhanced Life Estate (Lady Bird) Deed. If the deed reserved a life estate to the decedent with remainder beneficiaries named, the remainder vests at death. Record the death certificate and any required affidavits; a new deed might not be necessary.
Even in these scenarios, our Inherited Property Advisors in Florida recommend confirming vesting with a title company and recording the proper affidavits so the public record clearly reflects current ownership.
When You Do Need To Retitle
- Sole ownership at death. If the decedent alone held title (no survivorship), you’ll usually need probate and a deed from the estate or a court order transferring title.
- Tenants in Common. Only the deceased co-owner’s share passes through probate; surviving co-owners keep their shares.
- Homestead with complex family structure. Florida homestead rules can give a surviving spouse a life estate or an elective one-half interest, with the remainder to descendants. A court order determining homestead is typically required to clarify who owns what.
As our Inherited Property Advisors in Florida recommend, don’t list or refinance until the title path is verified. Unclear title leads to delayed closings, denied claims, or lower offers.
The Florida Retitling Roadmap: Step-By-Step
- Confirm How Title Is Held
- Pull the most recent recorded deed. Look for phrases like “joint tenants with right of survivorship,” “tenancy by the entireties,” “tenants in common,” “trust,” or “enhanced life estate.”
- Check for liens, mortgages, and HOA/condo restrictions.
- Identify the Transfer Path
- Survivorship: Record death certificate + survivorship affidavits.
- Trust: Successor trustee executes a Trustee’s Deed and provides a Certification of Trust.
- Probate: File for summary administration (often faster for smaller/straightforward estates) or formal administration (more complex estates). Homestead typically requires a court Order Determining Homestead.
- Gather Core Documents
- Certified death certificate.
- The last will (or trust documents).
- Letters of Administration (formal probate) or Order Summarizing Administration.
- Order Determining Homestead (if applicable).
- Mortgage statements, HOA/condo estoppels, tax bills, and insurance.
- Prepare the Correct Deed
- Personal Representative’s Deed (from the estate to the heir or buyer).
- Trustee’s Deed (from the trust to the beneficiary or buyer).
- Quitclaim or Warranty Deed (between heirs for buyouts or consolidation of shares).
- Ensure legal description accuracy, vesting, and signatures per Florida law. Title companies often require specific probate orders before insuring.
- Record and Update Downstream Accounts
- Record the deed and supporting affidavits with the County Clerk/Recorder where the property sits.
- Update the Property Appraiser and Tax Collector, including any homestead exemption applications for a new primary resident.
- Notify the HOA/Condo and provide ownership documents.
- Update insurance to the new owner(s) and correct occupancy/use.
- Communicate with the lender; transfers due to death often fall under federal protections, but documentation is still required.
- Keep a Clean Paper Trail
- Maintain a closing folder with recorded documents, probate orders, affidavits, and correspondence. As our Inherited Property Advisors in Florida recommend, meticulous records save time and reduce pushback from underwriters.
Florida Homestead: Why It Matters For Retitling
- Special protections and descent rules. Florida homestead can’t be devised freely if there’s a surviving spouse or minor children. Title often vests by law at death, but buyers and lenders require a court’s homestead determination to clear the record.
- Exemptions and caps. After death, the homestead exemption and Save Our Homes cap may change. Re-apply if an heir makes the property their permanent residence.
- Spousal elections. A surviving spouse may elect a one-half interest instead of a life estate within a statutory timeframe.
Because homestead errors are common, our Inherited Property Advisors in Florida recommend engaging a Florida probate attorney early and coordinating with a title company before marketing the home.
Costs, Timelines, and Taxes To Expect
- Probate timeline: Summary administration can take weeks to a few months; formal probate often takes several months or longer.
- Recording fees and transfer taxes: Florida charges recording fees and documentary stamp tax on most deeds; rates and exemptions can vary by county and circumstance. Confirm with your title company or closing attorney.
- Capital gains and basis: Heirs typically receive a step-up in basis to fair market value at the date of death, reducing potential capital gains if you sell soon after.
- Carrying costs: Keep mortgage, taxes, HOA dues, and insurance current during the retitling process.
As our Inherited Property Advisors in Florida recommend, align your legal, tax, and title professionals at the start to avoid surprises at closing.
Common Pitfalls To Avoid
- Listing before title is clear. Buyers back out when probate or homestead orders lag.
- Failing to record death certificates/affidavits. Title remains cloudy, delaying insurance and sales.
- Using the wrong deed form. A quitclaim at the wrong time can create defects or tax consequences.
- Ignoring HOA/condo requirements. Missed approvals or estoppels can stall closing.
- Insurance gaps. Policies must reflect the current owner and occupancy; estates and trusts need specific endorsements.
Our Inherited Property Advisors in Florida recommend a pre-listing title check and a clear 60–90 day plan to reach market-ready status with minimal friction.
FAQs: Quick Answers
- Do I have to retitle if I’m the surviving spouse? Often you’ll only need to record the death certificate and affidavits if the deed had survivorship/entireties. If not, probate or a homestead order may be required.
- Can heirs sell before retitling? Practically, no. A title company will require probate orders or trustee authority before insuring.
- Is a Florida transfer-on-death deed an option? Florida does not recognize standard TOD deeds for real property. Some owners use an enhanced life estate (Lady Bird) deed as an alternative planning tool.
- Can one heir buy out others? Yes. Agree on value (often via appraisal), execute the appropriate deed, and record it. Consider a short-term private mortgage if needed.
How Inherited Property Advisors Helps Florida Families Retitle Smoothly
Inherited Property Advisors coordinates the moving parts—from probate and homestead orders to title underwriting, HOA estoppels, and the final deed—so you can move forward with clarity. Whether you plan to keep, sell, or buy out co-heirs, our team lines up the right professionals, timelines, and documents. As our Inherited Property Advisors in Florida recommend, begin with a brief strategy call to confirm vesting, outline your retitling path, and map the fastest route to marketable title.Ready to retitle with confidence?
Contact Inherited Property Advisors for a streamlined, Florida-specific plan that protects your equity and your peace of mind. This guide is for general information; consult your attorney and tax advisor for advice on your specific situation.