Deed Guides
How Do You Remove a Deceased Spouse from a Florida Deed?
Direct answer
You do not remove a deceased spouse from a Florida deed by editing the old deed or by a quitclaim the deceased spouse cannot sign. If the last deed held the house as tenants by the entirety, or as joint tenants with right of survivorship expressly stated in the deed, the survivor already owns the whole at death. Florida Statutes section 28.222(3)(g) lets the clerk record a certified death certificate. A Florida certificate has to exclude the cause-of-death information that section 382.008 makes confidential. Section 732.401(5) says homestead descent does not apply to property the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. If the deed was a tenancy in common, or the house was in the deceased spouse's name alone, the death certificate does not pass that share. That share is an estate matter. Time to Close Title does not open the probate and does not prepare a quitclaim that pretends to remove a deceased spouse. On a deed we only prepare, the client records it. On a sale we close, we submit the deed after good funds.
Key takeaways
- You do not edit the old deed. A deceased spouse cannot sign a quitclaim.
- Tenants by the entirety, and joint tenants when the deed expressly says survivorship, leave the survivor as the owner at death.
- Section 28.222(3)(g) lets the clerk record a certified death certificate. A Florida certificate has to exclude the confidential cause of death.
- Section 732.401(5) keeps homestead descent off property owned as tenants by the entireties or joint tenants with right of survivorship.
- A tenancy in common, or a house titled only in the deceased spouse's name, is not cleared by a death certificate. We do not open the probate.
- On a deed we only prepare, the client records it. The mortgage stays until the lender records a release.
How do you remove a deceased spouse from a Florida deed?
You remove a deceased spouse from a Florida deed by reading the last recorded deed and putting the right evidence in Official Records. You do not write on the old deed. The clerk does not edit it. A deceased spouse cannot sign a new one.
People sometimes search for a quick claim deed to remove a deceased spouse. In Florida the instrument is a quitclaim deed. A quitclaim transfers only the interest the living grantor has. It does not remove a person who has already died. Time to Close Title prepares a quitclaim for a living grantor. See quitclaim deeds and what a Florida quitclaim deed does. On a deed we only prepare, the client records it. We do not prepare a quitclaim that pretends a deceased spouse conveyed.
Death is not a divorce. A former spouse who is alive has to sign. Read how to remove a name from a Florida deed after divorce. How the owners took title is the other starting point. Read how Florida buyers take title.
| Vesting on the last deed | What death does | What the public record still needs |
|---|---|---|
| Tenants by the entirety | The survivor already owns the whole | A certified death certificate. On a later sale, an affidavit that the marriage continued until death. Not a quitclaim from the deceased spouse. |
| Joint tenants, and the deed expressly says survivorship | The survivor already owns the whole | A certified death certificate. Section 732.401(5) does not send this house through homestead descent. |
| Tenants in common | The deceased spouse's share does not pass to the survivor by the deed | Authority from the estate, then a deed from the person who can sign. The death certificate alone is not that deed. |
| Deceased spouse's name alone | The house does not retitle itself to the survivor | A will only if homestead law allows the devise, or intestacy, and usually a probate or homestead order. We do not choose that path. |
When does the surviving spouse already own the house?
Read the last deed. Survivorship is already in the title when that deed is an estate by the entirety, or when it expressly provides for the right of survivorship. Florida Statutes section 689.15 says a conveyance to two or more creates a tenancy in common unless the instrument expressly provides for survivorship, except an estate by the entirety. We do not guess that a marriage created survivorship if the deed does not show that estate.
The same section says that upon dissolution of marriage, tenants by the entirety become tenants in common. An affidavit of continuous marriage does not pass title. It tells a later title search that the marriage continued until death, so the entireties estate was not turned into a tenancy in common by a divorce. On a sale we close, the survivor is asked to sign that affidavit. We do not decide that a divorce happened.
Section 28.222(3)(g) lets the clerk record a certified copy of a death certificate authorized by the Department of Health which excludes the information that is confidential under section 382.008, and a certified copy issued by another state whether or not it excludes that information. Section 382.008 makes the cause of death confidential. The survivor records that certified copy with the clerk of the county where the land sits. The Spring Hill office is not the clerk. Read what gets recorded at a Florida closing.
The death does not release the mortgage. The lien stays of record until the lender records a satisfaction. Read clearing a judgment, tax lien, or mortgage. 12 U.S.C. § 1701j-3 says a lender may not exercise a due-on-sale clause, for a loan secured by residential real property containing less than five dwelling units, upon a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety. That exemption exists. We do not decide whether this loan fits it. Ask the lender.
Survivorship
Tenants by the entirety, or joint tenants when the deed expressly says so. The survivor already owns the whole.
28.222(3)(g)
The clerk may record a certified death certificate. A Florida certificate has to exclude the confidential cause of death.
Not a quitclaim
A deceased spouse cannot sign. The client records a quitclaim we prepare for a living grantor.
When does a death certificate fail to pass title?
Section 732.401(5) says homestead descent does not apply to property the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. If the house was in the deceased spouse's name alone, and the decedent was survived by a spouse and one or more descendants, section 732.401(1) gives the surviving spouse a life estate, with a vested remainder to the descendants in being at death, unless the homestead was devised as the constitution and section 732.4015 allow.
Section 732.4015 says the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child, except that it may be devised to the owner's spouse if there is no minor child. Section 732.401(2) lets the surviving spouse elect an undivided one-half interest as a tenant in common instead of the life estate. The election has to be made within 6 months after the death and during the surviving spouse's lifetime, by a notice recorded in the official records of the county where the homestead sits. Once made, it is irrevocable. We do not prepare that notice, and we do not decide whether to make the election. The spouse needs their own lawyer for that choice.
A will, a death certificate, and a family agreement are not a deed when there is no survivorship. Read buying a Florida home from an estate. This page does not retell that probate sale. A house deeded into a trust during life is a different file. Read putting a Florida home into a trust. Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds. A Lady Bird deed recorded during life is also a different instrument. Read Lady Bird deeds in Florida.
The Florida Department of Revenue says that beginning July 1, 2023, personal representatives do not have to file Form DR-312 or Form DR-313 for estates of decedents who died after December 31, 2004, when a state death tax credit or a generation-skipping transfer tax credit is not allowable under the Internal Revenue Code. See the Department of Revenue estate-tax page. We do not decide whether a federal estate tax return is required. Form DR-312 is not the document that removes a spouse from a deed.
What do you bring, and who records it?
Bring the last recorded deed so the legal description and the vesting match. A street address is not the legal description. A title search is how a later sale reads that vesting. We do not open the probate.
A death certificate is not a deed. Documentary stamp tax is a deed question. We do not quote a clerk recording fee on this page. On a sale we close, we submit the deed after good funds. If the death certificate is not already of record, it goes to the clerk with that recording package. A quitclaim we only prepare is recorded by the client.
The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. See the Hernando County page and Pasco and Citrus closings from Spring Hill. The Spring Hill office is not the clerk. Confirm any wire by calling (352) 792-1214. Contact the office.
Read the last recorded deed
Name the vesting before anyone prepares a document. Survivorship is already in the title when the deed is an estate by the entirety, or when it expressly provides for the right of survivorship. Under section 689.15, a conveyance to two or more is a tenancy in common unless the instrument expressly provides for survivorship, except an estate by the entirety. We do not guess that a marriage created survivorship if the deed does not show that estate.
If the deed had survivorship, record the death certificate
The survivor records a certified death certificate with the clerk of the county where the land sits. Section 28.222(3)(g) lets the clerk record a Florida certificate that excludes the cause-of-death information section 382.008 makes confidential, and an out-of-state certificate whether or not it excludes that information. Section 732.401(5) says homestead descent does not apply to tenancy by the entireties or joint tenancy with rights of survivorship. The Spring Hill office is not the clerk.
On a later sale, sign the continuous-marriage affidavit
Section 689.15 says dissolution of marriage turns tenants by the entirety into tenants in common. The affidavit is evidence that the marriage continued until death. It does not pass title. On a sale we close, the survivor is asked to sign it. We do not decide that a divorce happened.
If there was no survivorship, stop and use the estate path
The death certificate does not pass a tenant-in-common share or a house titled only in the deceased spouse's name. Section 732.401 and section 732.4015 control homestead in the deceased spouse's name. The 6-month election under section 732.401(2) is the spouse's choice with their own lawyer. We do not prepare that notice, and we do not open the probate.
Do not use a quitclaim from the spouse who died
A deceased spouse cannot sign. We do not prepare a quitclaim that pretends to remove that spouse. On a deed we only prepare for a living grantor, the client records it and pays any documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. Confirm any wire by calling (352) 792-1214. Hernando Official Records are in Brooksville. The Spring Hill office is not the clerk.
Frequently asked questions
Can a quitclaim deed, or a quick claim deed, remove a deceased spouse in Florida?
No. People sometimes search for a quick claim deed to remove a deceased spouse. In Florida the instrument is a quitclaim deed. A quitclaim transfers only the interest the living grantor has. A deceased spouse cannot sign it. Read what a Florida quitclaim deed does. Time to Close Title prepares a quitclaim for a living grantor. On a deed we only prepare, the client records it.
Does recording a Florida death certificate take a spouse off the deed?
Only when the last deed already had survivorship. That is an estate by the entirety, or joint tenants when the deed expressly says survivorship. Section 28.222(3)(g) lets the clerk record a certified death certificate. A Florida certificate has to exclude the cause-of-death information that section 382.008 makes confidential. The survivor records it with the clerk of the county where the land sits. If the deed was a tenancy in common, or the house was only in the deceased spouse's name, the death certificate does not pass that share.
What is an affidavit of continuous marriage in Florida?
It is a statement that the spouses stayed married until death. Section 689.15 says dissolution of marriage turns tenants by the entirety into tenants in common. The affidavit is evidence for a later title search. It does not pass title, and it is not a deed. On a sale we close, the survivor is asked to sign it. We do not decide that a divorce happened.
Does Florida homestead descent apply to tenants by the entirety?
No. Section 732.401(5) says the homestead descent statute does not apply to property the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. The survivor already owns that whole. Homestead joinder while both spouses were alive is a different article. Read why a Florida homestead spouse must sign.
What if the Florida house was only in my deceased spouse's name?
The death certificate does not put the house in the survivor's name. If the decedent was survived by a spouse and one or more descendants, section 732.401(1) gives the surviving spouse a life estate and the descendants the remainder, unless a devise was allowed. Section 732.4015 says homestead shall not be devised if a spouse or a minor child survives, except a devise to the spouse when there is no minor child. The 6-month election of a one-half tenancy in common is the spouse's choice with their own lawyer. We do not prepare that notice. Read buying a Florida home from an estate.
Does the mortgage come off when a Florida spouse dies?
No. The lien stays until the lender records a release. Read clearing a judgment, tax lien, or mortgage. 12 U.S.C. § 1701j-3 lists a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety. That list is for a loan secured by residential real property containing less than five dwelling units. That exemption exists. We do not decide whether this loan fits it. Ask the lender.
Does Time to Close Title open the probate or record the quitclaim?
No. We do not open the probate, and we do not prepare a quitclaim for a deceased grantor. On a deed we only prepare, the client records it. On a sale we close, we submit the deed after good funds. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. Contact the office.