Florida - Polk County Decedent Interest in Homestead Affidavit Forms

Included Forms

All Polk County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Florida and Polk County supplemental forms are included as a courtesy with your order.

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Cover Page (Florida Document)

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Transfer/Stamp Tax Reference Sheet (Florida Document)

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Transfer/Stamp Tax Reference Sheet 2 (Florida Document)

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Transfer Tax Exemption Statement (Florida Document)

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Tax Form for Registered Taxpayers / DR-225 (Florida Document)

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Tax Form for Non-registered Taxpayers / DR-228 (Florida Document)

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Florida Statute 196.031 Exemption of homesteads (Florida Document)

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Homestead Application (Florida Document)

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Required Documentation (Florida Document)

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Adjusted Gross Income (Florida Document)

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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 Polk 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?
  • After you submit payment you will see a page listing the Polk County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Polk 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 Polk County that you need to transfer you would only need to order our forms once for all of your properties in Polk County.
• Are these forms guaranteed to be recordable in Polk County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk 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:

• Polk County

Including:

• Alturas
• Auburndale
• Babson Park
• Bartow
• Bradley
• Davenport
• Dundee
• Eagle Lake
• Eaton Park
• Fort Meade
• Frostproof
• Haines City
• Highland City
• Homeland
• Indian Lake Estates
• Kathleen
• Kissimmee
• Lake Alfred
• Lake Hamilton
• Lake Wales
• Lakeland
• Lakeshore
• Loughman
• Mulberry
• Nalcrest
• Nichols
• Polk City
• River Ranch
• Waverly
• Winter Haven

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.

Our Promise

The documents you receive here will meet, or exceed, the Polk 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 Polk 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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