Legal Question in Real Estate Law in Florida
Probate real estate
My father passed away, no will, and my mom would like to remove his name from the title of their home. How can she do that?
3 Answers from Attorneys
Re: Probate real estate
Don't listen to Slater. Doing another deed is ridiculous, and something I would expect him to suggest. All she needs to do is record a death certificate WITHOUT cause of death. That can be done later when/if she sells or refinances the home. She should also record an Affidavit Of Continuous Marriage and an Affidavit Of No Florida Estate Tax Due.
Re: Probate real estate
It is not necessary but she can file a new deed as survivor and a copy of the death certificate.
Re: Probate real estate
Assuming that the property was owned jointly at the time of your father's death and there are no other issues, your mother should record, in the Public Records where the property is located, his Death Certificate and an Affidavit regarding no estate taxes being due. That action will make it so your mother is the sole owner of the property.