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All Lafayette County specific forms and documents listed below are included in your immediate download package:
The Following Florida and Lafayette County supplemental forms are included as a courtesy with your order.
Cover Page (Florida Document)
Transfer/Stamp Tax Reference Sheet (Florida Document)
Transfer/Stamp Tax Reference Sheet 2 (Florida Document)
Transfer Tax Exemption Statement (Florida Document)
Tax Form for Registered Taxpayers / DR-225 (Florida Document)
Tax Form for Non-registered Taxpayers / DR-228 (Florida Document)
Florida Statute 196.031 Exemption of homesteads (Florida Document)
Homestead Application (Florida Document)
Required Documentation (Florida Document)
Adjusted Gross Income (Florida Document)
Including:
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.
The documents you receive here will meet, or exceed, the Lafayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Lafayette 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 (3723 Reviews) September 29th, 2022
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Reply from Staff on September 29th, 2022
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September 28th, 2022
Name: Angel C.
Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.
Reply from Staff on September 28th, 2022
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September 28th, 2022
Name: ian a.
Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
Reply from Staff on September 28th, 2022
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Name: Margaret T.
Review: Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem
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Name: Jane N.
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Name: William S.
Review: Love the ability to e-record a single document as a private citizen. Other companies only want to do business with large volume filers like title companies and attorneys. e-recording was super easy and so efficient. Got confirmation of recording from county clerk less than one hour after submission.
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Name: Daniel L.
Review: You could make instructions clearer on the download process and when download is complete. You could also group things together for 1 or 2 "big" downloads.
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Name: fran g.
Review: To hard for me. But with that being said it's a great option for most people.
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Name: Dave S.
Review: Easy to use and get forms I needed. Corporate need for an invoice/receipt could be a bit easier - have to print screen to get any info.
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