Who Owns a Florida Home When a Deceased Parent Is the Only Name on the Deed? | Florida Probate | FastCounsel
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Who Owns a Florida Home When a Deceased Parent Is the Only Name on the Deed?

How do I determine ownership when my deceased parent is the only name listed on the deed? - Florida

The Short Answer

If your deceased parent is the only person listed on the deed, the home is generally treated as part of your parent’s estate, and ownership typically passes either under a valid will or under Florida’s intestacy laws. However, Florida homestead rules and family circumstances (like a surviving spouse or children) can change who receives what interest in the property.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a specific deed and family situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: If the property is homestead and there is a surviving spouse, Florida law includes a time-limited election (generally within 6 months of death) that can change the spouse’s interest. See Fla. Stat. § 732.401.
  • Burden of Proof: You may need to prove whether the property was homestead, identify all heirs, confirm marital status, and address any claims that someone else has an ownership interest despite not being on the deed (for example, based on how the property was used or paid for).
  • Exceptions: Homestead rules, creditor issues, and whether there is a valid will (or a will that attempts to devise homestead in a restricted situation) can significantly change the result and can create title problems if handled incorrectly.

Trying to “figure it out” informally can lead to a clouded title, family disputes, or a failed sale/refinance later. A Florida probate attorney can evaluate the deed, confirm the correct heirs/interests under Florida law, and recommend the right legal path to clear title.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.