Indian River County Decedent Interest in Homestead Affidavit Forms (Florida)
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Form Package
Decedent Interest in Homestead Affidavit
State
Florida
Area
Indian River County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Indian River County specific forms and documents listed below are included in your immediate download package:
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.
Included document last reviewed/updated 3/25/2024
Decedent Interest in Homestead Affidavit Guide
Line by line guide explaining every blank on the Decedent Interest in Homestead Affidavit form.
Included document last reviewed/updated 3/18/2024
Completed Example of the Decedent Interest in Homestead Affidavit Document
Example of a properly completed Florida Decedent Interest in Homestead Affidavit document for reference.
Included document last reviewed/updated 4/2/2024
Included Supplemental Documents
The following Florida and Indian River County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Florida or Indian River County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Indian River County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Indian River County Decedent Interest in Homestead Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Decedent Interest in Homestead Affidavit forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Indian River County that you need to transfer you would only need to order our forms once for all of your properties in Indian River County.
Are these forms guaranteed to be recordable in Indian River County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Indian River County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Decedent Interest in Homestead Affidavit Forms:
- Indian River County
Including:
- Fellsmere
- Roseland
- Sebastian
- Vero Beach
- Wabasso
- Winter Beach
What is the Florida Decedent Interest in Homestead Affidavit
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)
Our Promise
The documents you receive here will meet, or exceed, the Indian River 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 Indian River 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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April 25th, 2024
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April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
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December 14th, 2020
I found your instructions and sample for completing a quit-claim deed in Arizona to be simple and easy to follow with one exception. The website to use in order to determine the code for the reason for exemption of fees was incorrect, as a result of which I had to contact the County Recorder to obtain that information.
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December 18th, 2020
I ended up loading the same file twice and was unable to delete one of them. I did send e request in to have one deleted and I did get a response back that only one file was processed. This was done in a timely manner but required more additional time. It would have been nice to be able to delete the file myself and finish the process at the same time. Other than this every thing did go very well. Thank you
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August 26th, 2021
This was so easy to use. I appreciated the finished sample to guide me and the proper attachments necessary to process my Quit Claim Deed. I am gifting it to my nephew as I am too old to run farm and I live in a different state now. I tried other websites but their info was not up to date or accurate. Thank you so much. 71 Y/O Nana.
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March 17th, 2020
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March 1st, 2019
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