Monroe County Decedent Interest in Homestead Affidavit Forms (Florida)
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Form Package
Decedent Interest in Homestead Affidavit
State
Florida
Area
Monroe County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Monroe 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 Monroe 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 Monroe 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 Monroe 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 Monroe 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 Monroe County that you need to transfer you would only need to order our forms once for all of your properties in Monroe County.
Are these forms guaranteed to be recordable in Monroe County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Monroe 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:
- Monroe County
Including:
- Big Pine Key
- Islamorada
- Key Colony Beach
- Key Largo
- Key West
- Long Key
- Marathon
- Marathon Shores
- Summerland Key
- Tavernier
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 Monroe 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 Monroe 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.
Reviews
4.8 out of 5 (4317 Reviews)
Dyanna B.
April 23rd, 2024
Got what I needed. Easy access.
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Gina G.
April 17th, 2024
This service is fantastic! Took a few tries to scan the document correctly, but their patience and quick turn around made this a far better experience than going to the County myself.
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Michael M.
April 17th, 2024
Great service that satisfied all my needs. Great prices too.
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Rebekah T.
February 8th, 2021
Easy to use especially with instruction page and examples. Thank you!
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Andrew S.
October 14th, 2020
This is fast and easy.
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James W.
January 20th, 2019
Easy access to forms saving lots of time researching reqmts from a State/Municipal Govt website. I saved 400-500 in lawyer fees but getting these forms, and coordinating with the Property recorders office in another state. Will use you again.
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Michael H.
November 5th, 2019
Site was easy to understand and use. Service was prompt. Good job Montgomery County!
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David A.
April 23rd, 2019
Excellent service. I have been looking for a beneficiary deed for quite a wile with no success. My friend found your site and I was overjoyed. Fast, easy to use, and understand.I recommend this site to anyone.
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Lillian F.
September 13th, 2019
Very well satisfy with my results. I could not ask for better service d
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Cheryl B.
August 26th, 2022
I did this on a desktop using a scanned .pdf file. Simple, straight-forward, excellent instructions, easy, fast, and well documented for each step. From account creation to proof of recording: 4 hours... from the comfort of my home. I would highly recommend this service to anyone, including - and maybe especially - those who are looking for fast recording who aren't well versed in computers and on-line processes. Well done in all ways.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
JUDITH-DIAN W.
June 28th, 2023
I didn't have any problem downloading and filling out the form on my computer and printing it yesterday. I didn't know what to put for "Source of Title". I called the county recording office; they didn't know either and said to leave it blank. I got the form notarized at my bank and took it in to the recording office. They checked it, accepted it, I paid a fee, and it's done. So easy. My children will appreciate that I've done this. Added note: You do have one typo on your form--you left out 'at'. It should read: "You should carefully read all information at the end of this form."
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John K.
December 28th, 2020
The sample completed form was a big help. While not exactly on point with my situation, it was enough to help me complete it on my own
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
kelly W.
June 10th, 2019
Your customer service person was very professional and polite and helpful.
Thank you!
Lynne Z.
April 22nd, 2022
not enough room for legal description. Wouldn't allow me to enter widow status in owner box. Not clear who to send it to so I printed it out and will ask the notary who I use for recording it.
Thank you!
Nathan M.
April 6th, 2020
It had the info, but when I would type into the document the items I needed in adobe all that would print out was the info I typed and none of the document information.
Thank you!
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