Decedent's interest in homestead affidavit
Under Florida law, real estate that is identified as a homestead but is not included in a deceased owner's will passes to beneficiaries in the same manner as other intestate property. If the decedent is survived by a spouse and one or more descendants, however, the surviving spouse has three main options as set out in section 732.401 of the Florida Statutes:
- take a life estate in the homestead, with a vested remainder to the descendants alive at the time of the decedent's death per stirpes (according to Black's Law Dictionary, 8th ed., "proportionately divided between beneficiaries according to their deceased ancestor's share").
- take an undivided one-half interest in the late spouse's homestead as a tenant in common, with the remaining one-half interest held by any descendants per stirpes.
- disclaim the interest as directed in chapter 739.
When a surviving spouse chooses to take the one-half interest in the property, he/she files a decedent's interest in homestead affidavit. This document allows the spouse to waive the marital rights to a life estate in the property. Instead, the surviving spouse and any descendants hold title as tenants in common. As tenants in common, each party can independently sell his/her interests to the property without notice or joinder from the others.
In most cases, the affidavit must be filed within six months of the decedent's death. The affidavit can be made by the surviving spouse him/herself or, with the court's approval, an attorney in fact or guardian of the property of the surviving spouse. The document is then filed in the county or counties in which the homestead property is located. Once recorded, the surviving spouse's decision is irrevocable.
Each case is unique, so contact an attorney with specific questions or for complex situations.
Use this document when the owner of homestead property dies without including the real estate in the will and the surviving spouse elects to forego his/her life estate interest in favor of one-half share and convert his/her interest in a life estate to a tenancy in common with the descendants.
Deeds.com Florida Decedent Interest in Homestead Affidavit Forms Have Been Updated as Recently as Tuesday July 9, 2019
What others like you are saying:
Pamela G. said: This is an easily navigated site and the forms came with detailed directions. I have already recommended Deeds.com to a family member.
Reply from Staff: Thank you so much Pamela, we really appreciate it!
John D. said: Forms were easy to complete, with the instructions that were provided. Very satisfied!
Reply from Staff: Thank you!
Lisa B. said: Awesome service. User friendly, simple, easy and quick to fill out with instructions and sample copy and print.
Reply from Staff: Thank you Lisa, we appreciate your feedback.
Lois B. said: It works pretty well, had trouble with the word December. It printed out Decedmber with weird spacing but I think it will be ok.
Reply from Staff: Thank you for the feedback. We will take a look at the date field to see if there are any issues. Have a great day!
John W. said: The forms were easy to acquire and easy to use
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Linda D. said: It was easy to download the form I wanted BUT there were 2 other options listed for "open/download." I didn't want to risk more charges for something I couldn't determine I needed so I passed them up. There were a few others listed with the option to "view" so I did that, without down-loading, and there were no additional charges. I would've liked that opportunity for 2 others that didn't offer "view" so maybe deeds.com missed a sale?
Reply from Staff: Thank you for your feedback Linda. All the documents available for download in your account are included with your payment, no additional charges.
Select County where the property is located.