Can I Sell a Florida House With the Deed Still in My Late Spouse’s or Parent’s Name?

Pull the most recent deed from the county’s official records and read the words next to the owners’ names. An old copy from a drawer is not enough, because a later deed may have changed the ownership.

Section 689.15 of the Florida Statutes sets the default rule. A deed to two or more people creates a tenancy in common unless it expressly provides for a right of survivorship. The one exception is an estate by the entirety, which is held by spouses. If the deed conveys the house to a trustee, the probate steps below generally do not apply; see our guide for successor trustees instead.

Nobody can sign for the person who died. Under section 709.2109, a power of attorney terminates when the person who gave it dies, so a child cannot use a parent’s power of attorney to sell the house afterward.

Real property acquired in the names of a husband and wife is treated as a tenancy by the entirety. In Beal Bank v. Almand and Associates (2001), the Florida Supreme Court called this a rule of construction and noted that the deed does not even have to describe the owners as married. The couple must have been married when they took title.

The Florida Bar’s probate pamphlet says this property is not a probate asset at the first spouse’s death and “goes automatically to the surviving spouse.” The homestead rules below do not apply to it, under sections 732.401(5) and 731.201. You do not need a new deed to become the owner. The usual step is to record a certified death certificate, so the public record shows why one spouse can now sign alone. Expect the title company to ask for an affidavit as well, for example confirming you were still married at the death.

If the couple divorced, section 689.15 made them tenants in common, so the former spouse’s share passes through that person’s estate. And if both parents are on the deed and both have died, the parent who lived longer took the whole house at the first death. You would need the first parent’s death certificate, and the house then follows the sole-owner path below.

A parent and child, siblings or unmarried partners can all hold title this way. Because section 689.15 requires survivorship to be stated, look for the actual words, such as “joint tenants with right of survivorship.” If the deed says only “joint tenants,” or simply lists names, have a title company or attorney read it, because the default is a tenancy in common.

When the wording is there, the Florida Bar’s pamphlet says the real estate is not a probate asset, and the homestead rules below do not apply. The share of the owner who died passes to the surviving owner or owners, who record a certified death certificate and sign as owners. If two or more owners survive, each of them still has to sign. When the last surviving owner dies, the house is in that person’s name alone and needs the steps below.

A tenant in common owns a separate share. At death, it does not go to the other owners. It passes under the owner’s will or, with no will, to the heirs under Florida’s intestacy law. The Florida Bar’s pamphlet lists it as a probate asset unless it is homestead property.

So a surviving co-owner can sell only what that person owns. Selling the whole house takes the co-owner plus whoever receives the other share, or a personal representative with authority to sell it. If the people who inherit cannot agree, our guide on what happens when heirs disagree about selling explains the options.

Under section 733.103, a will is ineffective to prove title until it is admitted to probate. With no will, sections 732.102 and 732.103 decide who inherits, starting with the spouse and descendants. The path then depends mostly on whether the house was the owner’s homestead.

If it was the homestead and the owner left a spouse and descendants, section 732.401 gives the spouse a life estate and the descendants the remainder, unless the owner validly left the house to the spouse. The Florida Constitution and section 732.4015 allow that only when there is no minor child. Instead of the life estate, the spouse may elect a one-half share as a tenant in common by recording a notice within 6 months of the death, and that election cannot be undone. Either way, a surviving spouse who was never on the deed may not be able to sell alone.

Section 733.608 also leaves protected homestead out of the assets a personal representative controls, so the usual court step is a petition under Florida Probate Rule 5.405. The order names each person entitled to the house and defines each interest.

A rental, second home or other non-homestead house is normally sold through probate. In formal administration, the court appoints a personal representative. Under section 733.613, if the will gives a power of sale, the personal representative can sell without court approval; otherwise the court must authorize or confirm the sale. Our Florida probate guide covers that process.

Summary administration is a shorter route in which the court assigns the property by order. Since July 1, 2026, section 735.201 allows it when the will does not direct administration under chapter 733 and the estate subject to administration, less property exempt from creditors, does not exceed $150,000, or when the owner has been dead more than 2 years. Chapter 2026-57 raised the limit from $75,000, so older web pages may be out of date. Rule 5.530 lists protected homestead separately in the petition, and the Bar’s pamphlet gives homestead as an example of exempt property, so a valuable homestead may not count against the limit; your attorney can confirm. Under section 735.206, people who receive property can be personally liable for lawful claims, up to the value received, until 2 years after the death.

Disposition without administration under section 735.301 covers only personal property, so it does not transfer a house. If the owner lived in another state, the Florida house usually needs an ancillary case here under section 734.102, though summary administration also covers nonresidents’ estates.

An enhanced life estate deed, also called a Lady Bird deed, keeps the owner in control for life. In one such deed described by a Florida appeals court, the owners reserved the power to sell, mortgage or lease the house without the remainder beneficiary signing, and the remainder passed to the named person when the life estate ended. Look for the words “life estate” and “remainder” and for those reserved powers.

Florida’s chapters on conveyances and probate (chapters 689 and 731 to 735) do not mention these deeds, so they rest on drafting and practice rather than a statute. If the owner never sold, the named person generally records a certified death certificate, and the title company reviews the deed before insuring a sale.

Homestead can complicate this, and Florida courts are still working through how these deeds interact with a surviving spouse’s rights. If the owner left a spouse or minor child, or signed any later deed, that is a question for an attorney and the title company.

Florida issues two versions. Any adult can order a certified copy without the cause of death, and the Department of Health redacts the first five digits of the Social Security number on it. Under section 382.025, the version with the cause of death goes only to the spouse or parent; a child, grandchild or sibling of legal age; someone who provides a will, insurance policy or other document showing an interest in the estate; someone acting for any of them; an approved government agency; or under a court order. The cause of death stops being confidential 50 years after the death. That version requires valid photo ID, and anyone outside the list needs a notarized DH Form 1959 signed by an eligible person.

Record the version without the cause of death. Section 28.222 lists certified Florida death certificates that exclude the confidential information among the documents to be recorded, and recorded documents are open to the public.

The Bureau of Vital Statistics charges $5 for the search and one certified copy, $4 for each additional copy and $10 for a rush order. County health departments in Florida handle deaths from 2009 to the present, and their fees vary. Section 382.008 requires filing within 5 days of the death, but a pending autopsy or toxicology report can delay the permanent certificate.

You record in the county where the house sits. All three offices take documents in person, by mail with a self-addressed stamped envelope, or by e-recording. The base recording fee in each is $10 for the first page and $8.50 for each additional page. None of them gives legal advice.

In Broward, recording is handled by the county government’s Records, Taxes and Treasury Division at 115 S. Andrews Avenue, Room 114, Fort Lauderdale. Its Recording Section lists death certificates and probate documents among what it files. The county says its records are searched by name, not by address, and images from 1978 forward are free online.

In Miami-Dade, the Clerk of the Court and Comptroller is the official recorder. Bring originals to the Osvaldo N. Soto Miami-Dade Justice Center, or mail them to the Office of County Recorder, 20 NW 1st Avenue, Suite 5.246, Miami, FL 33128.

In Palm Beach County, the Recording Department of the Clerk of the Circuit Court & Comptroller takes documents Monday through Friday, 8 a.m. to 4 p.m., at the Main Courthouse, 205 N. Dixie Highway, Room 4.2500, West Palm Beach, and at the South County, North County, West County and Royal Palm Beach locations. Some documents are accepted only at the Main Courthouse. Mail goes to PO Box 4177, West Palm Beach, FL 33402-4177.

A death certificate does not describe the property, so ask the title company or your attorney whether it should go on record with an affidavit that ties it to the deed. Older checklists mention estate tax Form DR-312, but the Department of Revenue says personal representatives have not had to file it since July 1, 2023, and Florida’s estate tax ended for deaths after December 31, 2004.

While a house still shows a deceased owner, free alerts can tell you when something is recorded: the Recording Notification Service in Broward and Property Fraud Alert in Miami-Dade and Palm Beach.

A mortgage does not go away at the owner’s death. Federal servicing rules (Regulation X) treat someone who takes ownership on the death of a joint tenant or tenant by the entirety, or a relative who takes it after a borrower dies, as a successor in interest. Servicers covered by the rule must have procedures to tell a potential successor which documents they need to confirm identity and ownership. When you sell, the payoff comes out of the proceeds at closing.

A cash sale does not remove any of these steps. A buyer’s title company needs the same proof of who can sign. If you already hold clear title, the house shows well and you have time, listing it with an agent may net more money, and our cash offer vs. listing guide shows how to compare. A direct sale may fit better if the house needs work, sits vacant or the family lives out of state; our inherited house page covers that situation.

Florida Cash For Home buys inherited houses as-is, including houses in Broward County and houses in Miami-Dade County. We give a written offer within 24 hours of the walkthrough and can close in about 10 days when title is clear, or later if you need time to finish the recording or the court case. You pay no commissions or closing costs, and we work in English and Spanish.