West Palm Beach, FL asked in Real Estate Law and Probate for Florida

Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.

Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: The court would not advise like that, cannot imagine that sort of language coming from the court (whatever the "court" means). And you won't be able to do a deed because your spouse can no longer sign it (deceased). You must register the death certificate in the county where the home is located. The county will update the info, but depending on the county, it may take several months, or a call to them would speed up the process.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Please accept my sincere condolences on the loss of your husband. Depending on how the real estate was titled, you will have to do one of two things:

1. If the real estate was titled on your deed in your name and your husband's name, husband and wife, then all you will need to do is get a short form (without cause) death certificate and take it to the recording clerk at the courthouse and have it recorded. It costs $10.00 to record a death certificate.

2. If the real estate was just in your husband's name, then you will need to hire a probate attorney to open his estate to transfer the property to his heirs.

There is no deed that you or anyone can prepare to transfer the real property of a deceased person. Either it is husband and wife property and you just need to record the death certificate OR it is just in your husband's name and you will need to open a probate estate.

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