Detailed Answer
When your deceased parent is the only name on the deed, you must open their estate and follow Florida’s probate and succession rules to establish ownership. Here’s how:
1. Conduct a Title Search
Visit the county clerk’s office or online recorder of deeds to obtain a certified copy of the property deed. Note the legal description, parcel ID, and any liens or mortgages.
2. Determine How the Property Was Titled
If the deed lists only your parent’s name, there are no joint tenants or survivorship rights. In that case, the property passes through probate. If your parent held the home as homestead, special rules apply under Florida law.
3. Open Probate and Follow Succession Rules
- Intestate vs. Testate: If there’s a valid will, the probate court appoints a personal representative to distribute assets per the will. Without a will, Florida’s intestate statutes dictate heirship. See Fla. Stat. § 732.102.
- Homestead Rights: Homestead property passes outside a will to the surviving spouse or minor children under Fla. Stat. § 732.401. If multiple heirs qualify, the court may order sale or partition.
- Summary Administration: Small estates valued under $75,000 (excluding homestead) may use a faster procedure. See Fla. Stat. § 735.201.
4. Transfer Title After Probate
After the court issues a final order or order of summary administration, record the order or an affidavit of entitlement with the county clerk. Pay any transfer taxes and recording fees. The clerk will update the deed to reflect new owner(s).
Helpful Hints
- Obtain a certified death certificate promptly.
- Search public records for any mortgages, liens or judgments.
- Review your parent’s estate planning documents—wills, trusts or beneficiary deeds.
- Check if the property qualifies for homestead exemption.
- Keep copies of all probate filings and court orders.
- Consult a probate attorney for estates with multiple heirs or disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney to address your specific situation.