Your mom passes away, and a few weeks later, once the funeral is over, the practical questions begin. The house in Clearwater is still in her name. The tax bill is coming. Your brother wants to sell, and you have no idea who is even allowed to sign anything.
If you’re wondering how to transfer real estate after death in Florida, you’re in good company. Most families face this while they’re still grieving, and nobody hands you instructions.
The good news is that the process usually follows a clear path. The right one depends mostly on how the property was owned on the day your loved one died.
Start With the Deed
Before you call a realtor or sign anything, find the most recent recorded deed. Those few lines of wording tell you who owned the property and how, which decides whether you need probate at all.
Look for answers to these questions:
- Whose names are on the deed?
- Does it mention “husband and wife,” “joint tenants with right of survivorship,” or “tenants in common”?
- Does it name a trust, or use wording about a life estate?
- Was this the person’s primary home, or a rental or vacation property?
Quick Tip: You usually don’t need the original paper deed. Recorded deeds are public records, so you can often find a copy through the county clerk’s official records search. In our area, that’s the Pinellas County Clerk.
Once you know how the property was titled, it will generally fall into one of two groups: property that passes outside probate, and property that needs a court process.
When Property Transfers Without Probate?
Many Florida homes avoid probate because of how they were set up. Even then, the title usually needs some paperwork so the public record matches reality.
Spouses and Joint Owners
When a married couple owns a home as tenants by the entirety, the surviving spouse generally becomes the sole owner. The same idea applies to joint tenants with right of survivorship, where the surviving owners keep the property.
In these cases, a certified death certificate is typically recorded in the county records, often with an affidavit. If you’re weighing this option for your own home, here’s how joint ownership compares with a trust.
Lady Bird Deeds
A Lady Bird deed lets the owner keep full control during life, then passes the property to a named beneficiary at death without probate. Because the owner could change the beneficiary at any time, check that no later deed was recorded.
Did You Know? Florida doesn’t allow standard transfer on death deeds for real estate. A Lady Bird deed is the tool many Florida families use instead.
Property Held in a Trust
If the home was in a living trust, the successor trustee usually handles the transfer or sale under the trust’s terms, with no probate required. Our trust administration timeline shows what to expect.
When Property Goes Through Probate?
If the deed lists only your loved one, or they owned a share as a tenant in common, a court process is usually how the title gets cleared. This is true even when there’s a will, and it also applies if your loved one died without one.
Formal or Summary Administration?
Florida has two main types of probate:
- Summary administration: a shorter process that may apply when the estate’s value, not counting property exempt from creditors, is $75,000 or less, or when the person has been dead for more than two years.
- Formal administration: the fuller process, where the court appoints a personal representative to manage the estate.
The Basic Steps
For a home that needs formal administration, the path typically looks like this:
- File a petition with the circuit court in the right county, along with the original will if there is one.
- Get the personal representative appointed. The court issues Letters of Administration, which give that person authority to act.
- Notify creditors. Creditors generally have the later of three months from first publication of the notice or 30 days after being served.
- Sell or distribute the property. The personal representative may sign a deed to a buyer or to the beneficiaries, sometimes after a court order.
- Record the documents in the county where the property sits, so the title is clean going forward.
Want the fuller picture? Our guide to the Florida probate timeline walks through how long each stage can take.
Homestead Is Its Own Category
A primary residence gets special treatment in Florida. Homestead property is generally protected from the owner’s creditors and passes outside the normal estate. Heirs often ask the court for an order determining homestead status, which confirms who owns the home and helps clear title for a future sale.
Important: Florida limits how homestead can be left to others when the owner is survived by a spouse or minor child. A will or trust that says otherwise may not control, so have these situations reviewed before anyone signs a contract to sell.
Mistakes That Can Delay the Transfer
A few common missteps can turn a simple transfer into a much longer one:
- Relying on a quitclaim deed from a relative. A quitclaim only passes whatever interest the signer actually has. If that person had no legal authority yet, it won’t clear the title.
- Letting bills slide. A mortgage doesn’t disappear at death. Keep up with payments, property taxes and insurance while the transfer is sorted out, and tell the insurer if the home is empty.
- Assuming the will settles it. A will doesn’t transfer title by itself, and waiting too long can cause its own problems. See what happens when you don’t file a probate.
- Moving too fast on a sale. Buyers and title companies will want proof of authority, so sign a listing or contract only after you know who can legally sell.
- Ignoring family tension. Heirs who can’t agree may end up in court. These tips on avoiding family disputes over an estate can help.
Quick Tip: Order several certified copies of the death certificate early. You’ll likely need them for the county records, banks, insurers and the title company.
Thinking about your own home after going through this? A Florida estate planning attorney can set up your deed or trust now, so your family doesn’t have to sort it out later. It’s one of the best reasons to start planning your estate before you think you need to.
Get Clear Answers About Your Loved One’s Property
You shouldn’t have to guess your way through this while you’re grieving. The Law Office of Michael T. Heider, P.A. helps families in Clearwater and throughout Florida with probate, homestead questions and trust administration.
As your Florida estate planning attorney, we can review the deed, explain which path applies, and handle the paperwork so the title is done right.
Call 727-235-6005 today or contact us online to talk through your next step.