Lee County Decedent Interest in Homestead Affidavit Form
Last validated April 13, 2026 by our Forms Development Team
Lee 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.

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

Lee 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 Lee County documents included at no extra charge:
Where to Record Your Documents
Lee County Clerk of Courts - Official Records
Fort Meyers, Florida 33901 / 33902
Hours: 8:00am - 5:00pm M-F
Phone: (239) 533-5007
Recording Tips for Lee County:
- Documents must be on 8.5 x 11 inch white paper
- Ask if they accept credit cards - many offices are cash/check only
- Bring extra funds - fees can vary by document type and page count
- Both spouses typically need to sign if property is jointly owned
- Request a receipt showing your recording numbers
Cities and Jurisdictions in Lee County
Properties in any of these areas use Lee County forms:
- Alva
- Boca Grande
- Bokeelia
- Bonita Springs
- Cape Coral
- Captiva
- Estero
- Fort Myers
- Fort Myers Beach
- Lehigh Acres
- North Fort Myers
- Pineland
- Saint James City
- Sanibel
Hours, fees, requirements, and more for Lee County
How do I get my forms?
Forms are available for immediate download after payment. The Lee 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 Lee County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Lee 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 Lee 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 Lee County?
Recording fees in Lee County vary. Contact the recorder's office at (239) 533-5007 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 Lee 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 Lee County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Lee 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
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