Florida Decedent Interest in Homestead Affidavit

Includes:

  • 15-Minute quick consult with attorney
  • Our attorneys prepare the document for free.
  • Formatted to meet county recording requirements.
  • Documents delivered ready for notary, witnesses, and county recorder within 24-hours after your consultation. 

$299

A Florida Decedent Interest in Homestead Affidavit is a document that relates to a unique situation when a person who owns property that has been deemed a ‘homestead’ passes away but has not included the homestead in their will. If the deceased is survived by both a spouse and other descendants, the surviving spouse has a few options with regard to ownership of the homestead. One option is to inherit half the interest in the homestead as a tenant in common, with the other half of the property’s interest being held by any descendants. The surviving spouse would file the Florida Decedent Interest in Homestead Affidavit, which waives their marital rights to a life estate in the homestead property. They and any descendants will hold title as tenants in common and may each independently sell their interests.

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A Florida Decedent Interest in Homestead Affidavit is a document that relates to a unique situation in Florida state law: when a person who owns property that has been deemed a ‘homestead’ passes away but has not included the homestead in their will. If the deceased is survived by both a spouse and other descendants, the surviving spouse has a few options with regard to ownership of the homestead in question.

Once such option is to inherit half the interest in the homestead as a tenant in common, with the other half of the property’s interest being held by any descendants. To claim this option, the surviving spouse will need to file the Florida Decedent Interest in Homestead Affidavit.

With this affidavit, the surviving spouse is waiving their marital rights to a life estate in the homestead property. They and any descendants will hold title as tenants in common and may each independently sell their interests to the property without notice to or permission from other tenants in common.

A Florida Decedent Interest in Homestead Affidavit is an irrevocable form that cannot be reversed once it has been filed. Typically, the document must be filed within six months of the death of the decedent with the clerk of the court in the county where the homestead is located.

If you need a Florida Decedent Interest in Homestead Affidavit, QuickDeeds.com is here to help. Our attorneys will get right to work and make your transaction as seamless as possible. We ensure that your Florida Decedent Interest in Homestead Affidavit is compliant with state and county laws and regulations and notary-ready.

To easily obtain a Florida Decedent Interest in Homestead Affidavit, get started by filling out our simple form and scheduling a consultation with our team. One of our professional estate attorneys will assess your needs to ensure you get the legal document that is appropriate for your situation. QuickDeeds.com is Florida’s number one source for fast and affordable legal documents.

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