Charlotte County Decedent Interest in Homestead Affidavit Form

Charlotte 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.

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

Charlotte 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.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Florida and Charlotte County documents included at no extra charge:
Where to Record Your Documents
Clerk of the Court - Justice Center
Punta Gorda, Florida 33950
Hours: 8:00am - 5:00pm M-F
Phone: (941) 505-4716
Murdock Administration Building
Charlotte, Florida 33948
Hours: 8:00am - 5:00pm M-F
Phone: (941) 743-1400
Recording Tips for Charlotte County:
- Check that your notary's commission hasn't expired
- Recording fees may differ from what's posted online - verify current rates
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Charlotte County
Properties in any of these areas use Charlotte County forms:
- El Jobean
- Englewood
- Murdock
- Placida
- Port Charlotte
- Punta Gorda
- Rotonda West
Hours, fees, requirements, and more for Charlotte County
How do I get my forms?
Forms are available for immediate download after payment. The Charlotte 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 Charlotte County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Charlotte 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 Charlotte 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 Charlotte County?
Recording fees in Charlotte County vary. Contact the recorder's office at (941) 505-4716 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 Charlotte 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 Charlotte County.
Our Promise
The documents you receive here will meet, or exceed, the Charlotte 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 Charlotte 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 )
Michael F.
February 22nd, 2024
This service wasn't helpful at all.
We're sorry the records you were looking for were not available Michael. We understand how frustrating that can be. Thank you for taking the time to share your thoughts. We're continually working to expand our database and hope to better serve your needs in the future.
Richard S.
August 13th, 2020
Not user friendly, and not an Adobe fan. The first page of Quitclaim Deed form cuts off the Parcel Identification line on the bottom. Also quite a few forms showed up to be downloaded , after I paid, so I was unsure if all the forms were part of the quitclaim package. I have adobe but was unable to locate the forms in adobe on my computer after I downloaded them. Just wanted to print out one quitclaim deed form, which would have taken less that 3 minutes. instead it took 97 minutes. Thank you, though, for having the form there.
Thank you for your feedback. We really appreciate it. Have a great day!
Michael W.
February 22nd, 2023
I thought it was fine, but I would like to have the option to download Word versions of each form, for easier preparation on my end.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Ralph E.
March 24th, 2019
I wish I had found this site earlier!!! Not only was it helpful and just what I needed but I got my information so fast AND on the weekend. I would recommend this site to everyone. I plan on using it more. Its cheap and I can get my information while sitting at home. Very impressed!
Thank you for the kinds words Ralph. Have a great day!
Karen O.
June 2nd, 2021
I often think I am smarter than I am. Thankfully there are people that know what they are doing so I can focus on my business and the big picture without worrying about the little things.
Thank you!
Grace V.
February 29th, 2020
Easy to use
Thank you!
James A.
March 9th, 2021
Thanks for you help to get me out of a quick problem. Downloads were great. I recommend this service for the arcane situations of legal angst.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
ray r.
July 17th, 2020
excellent service
Thank you!
Janice W.
January 25th, 2019
Great instructions, samples, ease in getting the form I needed, filling it out as a PDF, and having it ready for a Notary's signature. I was hesitant a first, but glad I paid the fee - now it is done!
Great to hear Janice! Thanks, have a great day!
Billy G.
September 17th, 2024
Bought the wrong form and they refunded my money Honest company
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Jennifer M.
April 3rd, 2024
Consistent and quick. This site saves me so much time away from my desk. It's a great resource for my small business!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gerald C.
May 25th, 2019
Pros, quick purchase and document availability including instructions and examples. Cons, For the cert. of trust, the form would not accept the length of our trust name with no way to get around. The pdf file printing did not meet the requirements for 2.5" top margin and .5" other margins as well as the 10pt font size as the form information was shrunk down even when normal printing.
Thank you for your feedback. We really appreciate it. Have a great day!
Susan M.
July 13th, 2022
Purchased and received immediately w/instructions for completion.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Linda M.
October 23rd, 2019
Happy with the forms and the service, would recommend to others.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Theresa J.
June 16th, 2021
I thank you for your service. I received the needed information.
Thank you!