Florida Forms

Brevard County Decedent Interest in Homestead Affidavit Form

Brevard County Decedent Interest in Homestead Affidavit Form

Brevard County Decedent Interest in Homestead Affidavit Form

Fill in the blank Decedent Interest in Homestead Affidavit form formatted to comply with all Florida recording and content requirements.

Document Last Validated 4/21/2025
Brevard County Decedent Interest in Homestead Affidavit Guide

Brevard County Decedent Interest in Homestead Affidavit Guide

Line by line guide explaining every blank on the Decedent Interest in Homestead Affidavit form.

Document Last Validated 6/13/2025
Brevard County Completed Example of the Decedent Interest in Homestead Affidavit Document

Brevard County Completed Example of the Decedent Interest in Homestead Affidavit Document

Example of a properly completed Florida Decedent Interest in Homestead Affidavit document for reference.

Document Last Validated 8/4/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Brevard County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Clerk of Court
Address:
400 South St, 2nd floor
Titusville, Florida 32780

Hours: Monday through Friday 8:00 a.m. to 5:00 p.m.

Phone: (321) 637-2006

Parkway Complex
Address:
700 South Park Ave
Titusville, Florida 32780

Hours: 8:00 a.m. to 5:00 p.m. M-F

Phone: Phone (321) 637-2006

Moore Justice Center
Address:
2825 Judge Fran Jamieson Way
Viera, Florida 32940

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Melbourne Branch Courthouse
Address:
51 South Nieman Ave
Melbourne, Florida 32901

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Merritt Island Office
Address:
2575 N Courtenay Parkway, Rm 129
Merritt Island, Florida 32953

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Palm Bay Office
Address:
450 Cogan Drive S.E.
Palm Bay, Florida 32909

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

For Mail: Recording Department
Address:
PO Box 2767
Titusville, Florida 32781-2767

Hours:

Phone: N/A

For Overnight Delivery: Clerk of Court
Address:
700 S. Park Ave, Bldg B
Titusville, Florida 32780-4015

Hours:

Phone: N/A

Recording Tips for Brevard County:
  • Bring your driver's license or state-issued photo ID
  • Verify all names are spelled correctly before recording
  • Recording early in the week helps ensure same-week processing

Cities and Jurisdictions in Brevard County

Properties in any of these areas use Brevard County forms:

  • Cape Canaveral
  • Cocoa
  • Cocoa Beach
  • Grant
  • Indialantic
  • Malabar
  • Melbourne
  • Melbourne Beach
  • Merritt Island
  • Mims
  • Orlando
  • Palm Bay
  • Patrick Afb
  • Rockledge
  • Satellite Beach
  • Scottsmoor
  • Sebastian
  • Sharpes
  • Titusville

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brevard County

How do I get my forms?

Forms are available for immediate download after payment. The Brevard County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Brevard County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brevard County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Brevard County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Brevard County?

Recording fees in Brevard County vary. Contact the recorder's office at (321) 637-2006 for current fees.

Questions answered? Let's get started!

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.


Product description:
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.

(Florida Decedent Interest in Homestead Package includes form, guidelines, and completed example)

Important: Your property must be located in Brevard County to use these forms. Documents should be recorded at the office below.

This Decedent Interest in Homestead Affidavit meets all recording requirements specific to Brevard County.

Our Promise

The documents you receive here will meet, or exceed, the Brevard County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Brevard County Decedent Interest in Homestead Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4573 Reviews )

Kathy C.

August 19th, 2021

Lee County, FL did accept the "Satisfaction of Mortgage" form. It was easy to fill out except for a couple of areas. Your fill in areas need to accommodate for whatever space needed for the pertinent information we as customers have to fill out. As individuals, banks have their own. Example when there are more than 1 party and information needed. Example of Document #; I was 1 number short (using Exhibit A was ridiculous.) So I had to write in the # after printing. Very unprofessional looking on a legal document. Just saying. Also, in Lee County, FL your document # is called "Instrument #, not said in your instructions. Hope this information helps for updates on your forms.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Jonathon K.

September 1st, 2023

Recording deeds from the comfort of my office has never been simpler thanks to Deeds.com. The service is affordable, fast, and extremely user friendly. I highly recommend anyone who needs a deed recorded in the state of Florida to look into this website, it has made my job much easier.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Edward L.

March 6th, 2019

Excellent web site with just the right documents. Filled a very important need in less tha 2 minutes time.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Marcus V.

March 18th, 2024

Awesome and perfect.

Reply from Staff

We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..

Raymond M.

January 11th, 2020

It would be really nice if you had an example of the document full size that can be examined/read before having to pay. I was gambling that it was the exact document that I needed when I paid my fee. Fortunately, it was, and I commend you for that.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Nanette G.

March 4th, 2020

The Website was easy to use. I live in Houston Texas and mother recently passed away in California and I need affidavit of joint tenant forms. I was provided all the forms necessary to complete the documents. I had been a legal secretary in California about 20 years ago and just need the current forms and received them all very quickly.

Reply from Staff

Thank you!

Sara M.

February 4th, 2025

This makes work so much easier now that I don't have to drive to each county to record. Thank you.

Reply from Staff

It was a pleasure serving you. Thank you for the positive feedback!

Marck G.

March 23rd, 2022

This is an excellent service..thank you

Reply from Staff

Thank you!

Kathy R.

October 8th, 2022

I was very pleased with the quick turn around on a response to my inquiry. Further guidance was direct and I appreciate the professionalism from deeds.com.

Reply from Staff

Thank you!

Joy N.

February 22nd, 2024

As a real estate professional, I've had the opportunity to use various legal form providers over the years, but none have matched the quality and user-friendliness of Deeds.com's real estate legal forms. The forms themselves are comprehensive, up-to-date, and in line with current real estate laws and regulations, which is paramount in our field. The clarity and thoroughness of the documentation ensured that I could complete with confidence, knowing that every detail was covered. I wholeheartedly recommend their services and look forward to continuing our partnership.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

John F.

January 28th, 2021

The document I purchased was perfect for what I needed done. Very easy to obtain the document. Website very easy to navigate. Would use again and would recommend to anyone who needs the documents.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Gail M.

October 27th, 2022

Great website. Once submit payment documents are immediately emailed, easy to print and clear format. Will definitely use again!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Curley L F.

May 1st, 2019

The deed form I downloaded was easy to use and just what i needed.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Laura D.

February 4th, 2023

Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Lori M.

March 6th, 2021

So easy to use. The directions are very clear.

Reply from Staff

Thank you!