If you’ve just inherited a home or a share of real estate in Florida, one of the first questions you’ll face is, “Do I have to retitle the property—and what does that even mean?” Retitling is the process of updating the public land records so the current, legal owner is reflected correctly. Whether you must retitle—and how you do it—depends on how the property was owned, whether there’s a will or trust, and Florida’s homestead rules.
Our Inherited Property Real Estate Florida experts recommend confirming the exact vesting on the last recorded deed before taking any steps. Inherited Property Real Estate Advisors can pull that deed, run a quick title check, and map the easiest path to clear, marketable title.
When you do—and don’t—need to retitle
- Joint tenancy with right of survivorship (or Tenancy by the Entirety for spouses): Ownership passes automatically to the survivor. You don’t sign a new deed, but you should record the decedent’s death certificate and, for married owners, an Affidavit of Continuous Marriage to clear title.
- Property in a revocable trust: The trustee is already the legal owner. No deed is needed if the home remains in trust. If the trust distributes the home to a beneficiary, the trustee signs a Trustee’s Deed to that beneficiary.
- Lady Bird (Enhanced Life Estate) deed: When the life tenant dies, remainder beneficiaries become owners automatically. Record the death certificate (and often an Affidavit of Life Tenant’s Death) to update the chain of title.
- Sole ownership or tenants in common: You’ll generally need probate and a deed or court order to retitle into the beneficiaries’ names.
Our Inherited Property Real Estate Florida experts recommend not listing or selling the home until the correct post‑death documents are recorded; buyers and title insurers will require them.
How title passes in common Florida scenarios
- Formal probate administration: A court appoints a Personal Representative (PR). The PR deeds the property to the beneficiaries via a Personal Representative’s Deed or Deed of Distribution. This deed is recorded in the county where the property sits.
- Summary administration (streamlined probate): The court issues an Order of Summary Administration that identifies who takes title. Recording the order in the county records effectively retitles the property.
- Homestead property: Florida homestead passes with special rules if there’s a surviving spouse or minor child. Typically, title vests by law at death, but most title companies require a recorded Order Determining Homestead Status to make the passage insurable.
- Trust ownership: The successor trustee signs a Trustee’s Deed to beneficiaries if the trust distributes the home out. If the trust continues, no retitle is needed; the trustee simply manages and may sell as trustee.
- Joint ownership with survivorship: The survivor records the death certificate and any required affidavits; no probate deed is needed for that transfer.
- Out‑of‑state decedent with Florida real estate: Expect an ancillary probate in Florida unless the property was in a trust or passed via Lady Bird deed. The ancillary PR then issues the deed.
Our Inherited Property Real Estate Florida experts recommend obtaining a title search and the last deed to confirm whether you’re dealing with probate, a trust, survivorship, or homestead—each pathway has different paperwork.
Step‑by‑step: Retitling an inherited Florida property
- Identify current vesting
- Pull the last recorded deed, mortgage, and any HOA declarations. Determine if title is sole, joint with survivorship, TBE, trust, life estate/Lady Bird, or tenants in common.
- Collect core documents
- Certified death certificate, will/trust, letters of administration (if any), court orders, and the full legal description. Our Inherited Property Real Estate Florida experts recommend keeping a document checklist to avoid county recording rejections.
- Choose the correct instrument
- Personal Representative’s Deed or Deed of Distribution (formal probate)
- Order of Summary Administration (summary probate)
- Order Determining Homestead Status (to make homestead marketable)
- Trustee’s Deed (trust distribution)
- Record only a death certificate and survivorship affidavit (JTWROS/TBE/Lady Bird)
- Prepare and execute with Florida formalities
- Deeds must include the full legal description, a “prepared by” block, “return to” address, and be signed before a notary and two witnesses. Errors here cause rejects or title problems.
- Record in the correct county
- Recording is done with the clerk of court/recorder in the county where the property is located. Bring or e‑record the deed or order plus the death certificate and any affidavits.
- Update the ecosystem
- Notify the property appraiser (and file for homestead if you’ll occupy, using Form DR‑501).
- Update the tax collector, HOA/condo association, insurance, utilities, and mailing address.
- Alert the lender or servicer. Under federal due‑on‑sale rules, transfers at death to a relative generally are exempt, but servicers still require documentation.
- Coordinate among multiple heirs
- If several beneficiaries inherit, they’ll typically hold as tenants in common. For a buyout or sale, obtain deeds between heirs to consolidate title or proceed with a coordinated closing. Our Inherited Property Real Estate Florida experts recommend documenting buyouts with a settlement statement to avoid later disputes.
Inherited Property Real Estate Advisors can quarterback this process—preparing recording packets, aligning with your probate attorney, coordinating title and escrow, and keeping your timeline on track.
Costs, taxes, and timelines
- Recording fees: Set by county; expect modest per‑page fees plus a surcharge.
- Documentary Stamp Tax (doc stamps): Florida imposes doc stamps on deeds based on consideration and certain assumed liens. If a deed transfers property subject to a mortgage, tax is typically due on the unpaid balance taken subject to; if there’s no consideration and no debt, the tax may be zero. Miami‑Dade rates differ. Confirm with a title agent.
- Intangible tax: Applies to new mortgages/notes, not to standard estate deeds without new financing.
- Title insurance: Optional when merely retitling, but required for most sales or refinances.
- Timeline:
- Survivorship/Lady Bird/trust distributions can be completed in days to weeks once documents are ready.
- Summary administration often takes 30–90 days.
- Formal probate can run 6–12 months or longer.
Our Inherited Property Real Estate Florida experts recommend budgeting for doc stamps if a mortgage exists and building a timeline backward from your target sale or refinance date.
Florida homestead watch‑outs
- Spousal and minor‑child restrictions: You cannot freely devise homestead if a surviving spouse or minor child exists. The spouse may receive a life estate or can elect a 50% interest within statutory deadlines.
- Petition to determine homestead: Even though homestead may pass outside the probate estate, most closings require a court order confirming who owns it and that it’s exempt from estate creditors.
- Exemptions and portability: If a beneficiary will live in the home, apply for homestead and consider portability of the Save‑Our‑Homes cap. Deadlines matter.
Our Inherited Property Real Estate Florida experts recommend a quick attorney review before recording deeds that affect homestead to avoid invalid devises or missed elections.
Common mistakes that delay closings
- Using a quitclaim deed too soon: If probate or a homestead order is required, a simple quitclaim won’t fix the chain of title.
- Not recording a death certificate or affidavits: Survivorship transfers aren’t “visible” to title insurers until the death is recorded.
- Ignoring liens and HOA estoppels: Unpaid taxes, code violations, and association balances follow the property.
- Missing the trust paperwork: Title companies often require a trust certification or excerpts that prove authority before accepting a Trustee’s Deed.
- Overlooking multiple‑heir logistics: Sales stall when not all co‑owners are identified or available to sign.
Our Inherited Property Real Estate Florida experts recommend ordering a lien and estoppel package early and confirming all signers’ availability and IDs.
Quick FAQ
- Do I need probate to retitle?
Not if the property passed by survivorship, Lady Bird deed, or remained in trust. Otherwise, probate (formal or summary) or a homestead order is commonly required. - Can I sell before retitling?
A buyer’s title company will require the proper deed or court order first. Plan retitling and closing together. - Is a Personal Representative’s Deed taxable?
Doc stamps may apply if the transfer is subject to a mortgage; otherwise, it can be zero. Confirm specifics with a title professional. - What if the decedent lived out of state?
You’ll likely need ancillary probate in Florida unless the title passed by Lady Bird deed or trust.
The bottom line
You don’t always need to sign a new deed to “retitle,” but you do need the right combination of recorded documents so ownership is insurable and sale‑ready. Start by confirming vesting, choose the correct legal pathway (probate order, PR or Trustee’s Deed, or survivorship affidavits), and record promptly. Our Inherited Property Real Estate Florida experts recommend coordinating legal, title, tax, and HOA steps in parallel to save weeks on your timeline.If you want a clear, step‑by‑step plan tailored to your property, contact Inherited Property Real Estate Advisors. We’ll verify title, outline the precise documents to record, coordinate with your attorney and the county, and move you from uncertainty to a marketable deed—quickly and confidently.