Glades County Decedent Interest in Homestead Affidavit Form
Last validated July 2, 2026 by our Forms Development Team
Glades 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.

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

Glades 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
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Additional Florida and Glades County documents included at no extra charge:
Where to Record Your Documents
Glades County Clerk of Court
Moore Haven, Florida 33471
Hours: 8:00am to 5:00pm M-F
Phone: (863) 946-6010
Recording Tips for Glades County:
- Bring your driver's license or state-issued photo ID
- Ask if they accept credit cards - many offices are cash/check only
- White-out or correction fluid may cause rejection
- Bring extra funds - fees can vary by document type and page count
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Glades County
Properties in any of these areas use Glades County forms:
- Moore Haven
- Palmdale
Hours, fees, requirements, and more for Glades County
How do I get my forms?
Forms are available for immediate download after payment. The Glades 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 Glades County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Glades County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Glades 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 Glades County?
Recording fees in Glades County vary. Contact the recorder's office at (863) 946-6010 for current fees.
Questions answered? Let's get started!
Florida is one of only a few states where the constitution itself shields the family home from creditors and tightly limits how the owner can devise it at death. When a Florida homestead owner dies without effectively devising the property and leaves behind both a spouse and descendants, Florida law gives the surviving spouse a default life estate with a vested remainder to the descendants. The Florida Decedent Interest in Homestead Affidavit is the recorded writing through which the surviving spouse trades that life estate for an undivided one-half interest as a tenant in common — an option that exists only in Florida and only under the narrow conditions set out in section 732.401 of the Florida Statutes.
What the Florida Decedent Interest in Homestead Affidavit Does
This affidavit is used after a Florida homestead owner has died and the property was not effectively devised by will, leaving the homestead to descend under section 732.401. By recording the affidavit, the surviving spouse elects an undivided one-half interest in the homestead as a tenant in common with the decedent's descendants, who together hold the remaining one-half per stirpes. After the affidavit is filed, each holder may sell, mortgage, or convey a fractional interest without joinder from the others — a markedly different ownership structure than the default life estate, where the spouse holds possession but the descendants own the remainder.
Florida Homestead Descent Under Section 732.401
Section 732.401(1), Florida Statutes, sets the default rule: when the decedent is survived by a spouse and one or more descendants, the surviving spouse takes a life estate in the homestead with a vested remainder to the descendants per stirpes — a Black's Law Dictionary term for proportional distribution by representation through a deceased ancestor's line.
Section 732.401(2) provides the alternative this affidavit triggers: an undivided one-half interest in the homestead as a tenant in common, with the remaining one-half vesting in the decedent's descendants in being at the date of death, per stirpes. The surviving spouse may also disclaim the interest entirely under Chapter 739, Florida's disclaimer statute, which then routes the disclaimed share as if the spouse had predeceased the decedent.
The election only matters where there is both a surviving spouse and at least one descendant of the decedent. Without descendants, the homestead passes to the spouse outright and no election is needed. Without a spouse, the descendants take under intestacy and this affidavit has no role.
Constitutional Limits on Devise of Florida Homestead
Florida's homestead protection is constitutional, not merely statutory. Article X, section 4(c) of the Florida Constitution prohibits the owner from devising the homestead at all if the owner is survived by a spouse or a minor child, with one narrow exception: the homestead may be devised to the spouse outright if there is no minor child. When a will attempts a devise that the constitution forbids, the homestead descends as if the owner had died intestate as to that property — and that is precisely the scenario in which the section 732.401 framework, and this affidavit, come into play.
Who Must Sign and How the Affidavit Is Executed
The affidavit is signed by the surviving spouse and acknowledged before a notary public. Section 732.401(2)(c) allows an attorney in fact acting under a properly authorized power of attorney, or a court-appointed guardian of the property of the surviving spouse, to make the election on the spouse's behalf — but a guardian's election requires approval from the court with jurisdiction over the real property. The instrument must also satisfy section 695.26, Florida Statutes, which governs the form of recordable documents: a three-inch top margin on the first page for the clerk's stamp, a complete legal description of the homestead, and the name and post office address of the natural person who prepared the document.
Florida-Specific Traps to Watch For
- The six-month deadline is strict. Section 732.401(2)(d) requires the election to be filed in the official records of the county where the homestead is located within six months after the decedent's date of death and during the surviving spouse's lifetime. A late filing is ineffective and the default life estate stands.
- The election is irrevocable once recorded. The spouse cannot reverse the choice after the affidavit hits the public record; title vests as a tenancy in common from that moment forward.
- Address only is not enough. Florida clerks reject documents that identify property by street address alone. The full legal description from the most recent vesting deed must appear on the face of the affidavit.
- Preparer identification is mandatory. Section 695.26(1)(b) requires the name and post office address of the document's preparer on the instrument itself, not just on a cover sheet.
- Multi-county homesteads require multiple recordings. If the homestead lies in more than one county, the affidavit must be recorded in each county where any portion of the property is located.
- The affidavit does not open probate. Filing the election is a separate act from administering the decedent's estate. Probate may still be required to address non-homestead assets and to resolve the homestead's status if it is contested.
- Non-homestead real estate is unaffected. Section 732.401 governs only property that qualified as the decedent's homestead at death. Other Florida real estate the decedent owned descends under different rules and is not within this affidavit's reach.
Recording the Affidavit in Florida
The affidavit is recorded with the Clerk of the Circuit Court in the Florida county where the homestead is located. Recording fees are governed by section 28.24, Florida Statutes, with a set fee for the first page and a per-page fee for each additional page. Documentary stamp tax under section 201.02 generally does not apply because the affidavit is an election rather than a conveyance for consideration, but the clerk's office will assess the document at intake. Prompt recording matters: until the writing is on the public record, the title configuration the statute presumes by default remains in place, and the six-month statutory window keeps running.
Vesting After the Election
After recording, the surviving spouse and the descendants hold the homestead as tenants in common — not as joint tenants and not with any right of survivorship. Florida does not presume survivorship between tenants in common, so each holder's fractional interest passes through that holder's own estate at death unless transferred during life. Each tenant in common can sell, mortgage, or convey a fractional interest without notice to or consent from the others, though the practical realities of marketing a fractional share in occupied homestead property tend to keep the co-owners at the negotiating table.
What Is Included in the Download Package
The Florida Decedent Interest in Homestead Affidavit package from Deeds.com includes the fillable affidavit form, a guidelines document that walks through the statutory framework and step-by-step completion instructions, and a completed example showing how the form looks when properly filled out. The forms are prepared by the Deeds.com forms development team and are formatted to meet Florida recording requirements under section 695.26. After purchase, the documents are available for instant download from your Deeds.com account.
Important: Your property must be located in Glades 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 Glades County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Glades County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Glades 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.
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