Miami-dade County Decedent Interest in Homestead Affidavit Form (Florida)
All Miami-dade 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 Miami-dade County compliant document last validated/updated 4/21/2025
Decedent Interest in Homestead Affidavit Guide
Line by line guide explaining every blank on the Decedent Interest in Homestead Affidavit form.
Included Miami-dade County compliant document last validated/updated 6/13/2025
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 Miami-dade County compliant document last validated/updated 5/19/2025
The following Florida and Miami-dade County supplemental forms are included as a courtesy with your order:
When using these Decedent Interest in Homestead Affidavit forms, the subject real estate must be physically located in Miami-dade County. The executed documents should then be recorded in one of the following offices:
Clerk of the Courts: County Recorder
Courthouse East Bldg - 22 NW First St, 1st floor, Miami, Florida 33128
Hours: 9:00am - 4:00pm M-F
Phone: (305) 275-1155 Press 6
Mailing Address: County Recorder
PO Box 011711, Flagler Station, Miami, Florida 33101
Hours:
Phone: N/A
Local jurisdictions located in Miami-dade County include:
- Hialeah
- Homestead
- Key Biscayne
- Miami
- Miami Beach
- North Miami Beach
- Ochopee
- Opa Locka
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Miami-dade 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Miami-dade County using our eRecording service.
Are these forms guaranteed to be recordable in Miami-dade County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Miami-dade County including margin requirements, content requirements, font and font size requirements.
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 Miami-dade County that you need to transfer you would only need to order our forms once for all of your properties in Miami-dade County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Florida or Miami-dade 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.
What type of files are the forms?
All of our Miami-dade 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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 Miami-dade County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Miami-dade 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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July 17th, 2025
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October 22nd, 2023
The forms, and other information, are all excellent.rnI would be giving a 5-star review if it were not for the fact that downloading a "bundle" about quitclaim deeds required I download every single file independently (15 files). I would far prefer a zip file, or one click to download the whole pile of independent files.
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August 5th, 2020
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April 13th, 2019
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August 17th, 2019
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June 12th, 2020
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July 15th, 2021
The service was prompt and attentive to my questions. I would've just appreciated a heads up that I also needed to contact the county directly (and provide contact info) to receive a certified copy of the document (Notice of Commencement) in order to submit the certified copy to the Building Department. This was an extra step that I haven't had to complete before using another eRecording service. Even if this extra step is a result of the county's system. I would still have expected a head's up (since there wasn't any info regarding this on the county's site for eRecording).
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January 13th, 2020
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