Transferring Real Estate After Death in Florida: What Every Family Should Know

Losing a loved one is difficult enough without the added confusion of what happens to their home or real estate. In Florida, transferring real estate after death can be surprisingly complex. Whether the property is part of an estate, a trust, or jointly owned, the way the title was held determines what happens next.

This guide explains the most common ways property transfers after death in Florida — and how to make the process as smooth as possible.

⚖️ What Happens to Property When an Owner Dies

When someone passes away, ownership of their real estate doesn’t automatically change. It depends on how the property was titled:

• Sole Ownership: If the property was owned by one person only, it must go through probate — the legal process of transferring assets to heirs or beneficiaries.
• Joint Ownership with Right of Survivorship: If the deed lists two or more people as joint owners, ownership passes directly to the surviving owner(s) without probate.
• Held in a Trust: If the property was placed into a living trust, the successor trustee can handle the transfer or sale without court involvement.

🚪 When Probate Is Required

Probate becomes necessary when a property was titled only in the deceased person’s name and no automatic transfer method exists.

During probate:

• The court verifies the will (if there is one).
• Creditors are notified.
• The court appoints a personal representative (executor) to distribute assets.

Real estate can’t be sold or transferred until this process is complete. Depending on the complexity, probate can take several months to over a year.

🌿 Ways to Transfer Real Estate Without Probate

1. Enhanced Life Estate Deed (Lady Bird Deed)

Florida allows a “Lady Bird Deed,” which lets the owner keep full control of the property during their lifetime — even the right to sell or mortgage it — while automatically transferring it to named beneficiaries upon death.

Why people like it: It avoids probate entirely and doesn’t affect Medicaid eligibility.

2. Living Trust

A revocable living trust transfers ownership to a trust during your lifetime. You remain in control as the trustee, and upon death, the successor trustee distributes or sells the property per your instructions — without probate.

3. Joint Tenancy or Tenancy by the Entirety

When two people (often spouses) own property together with a “right of survivorship,” the surviving owner automatically inherits the other’s share. However, this method can create complications with taxes or if one owner becomes incapacitated.

🧾 Common Title Issues After Death

Even with a clear plan, title issues often arise when settling estates:

• Missing death certificates or unrecorded deeds
• Old unreleased mortgages or liens
• Outdated ownership structures
• Heirs living in different states

Before selling or refinancing, the title must be cleared of these defects. A title search and title insurance policy protect the new owner and ensure a clean transfer.

🤝 How a Title Company and Law Firm Work Together

At The Closing Agent | Barry Miller Law, our title and legal teams work side-by-side to help families and realtors navigate post-death property transfers.

• The Closing Agent handles title searches, insurance, and closing logistics.
• Barry Miller Law ensures the right legal steps are taken — whether that’s drafting affidavits, guiding probate filings, or preparing trust documentation.

This integrated approach helps avoid costly delays and ensures your transaction complies with both legal and title requirements.

🏠 Selling or Refinancing an Inherited Property

If you inherit a property and decide to sell or refinance:

• Confirm who legally owns the property (heir, trustee, or personal representative).
• Gather necessary documents: death certificate, deed, and probate or trust papers.
• Coordinate with your title company early to resolve any title issues.

Selling an inherited home doesn’t have to be stressful — preparation and professional guidance make all the difference.

❓ Frequently Asked Questions

Can I sell a home while it’s in probate?
Yes, but the sale typically requires court approval or must follow specific procedures outlined in Florida probate law.

What if multiple heirs disagree about selling the property?
All heirs with ownership rights must agree to sell. If not, the matter may need to be resolved through a partition action or probate court.

How long does it take to transfer a home after death?
It varies — from a few weeks for a Lady Bird Deed to several months for a full probate case.

💬 The Bottom Line

Understanding how property transfers after death can save your family time, money, and stress. Whether you’re creating an estate plan, managing a trust, or selling inherited property, professional help ensures a smooth process.

At The Closing Agent and Barry Miller Law, we help families protect their property, avoid probate where possible, and navigate real-estate transfers with confidence and care.

Disclaimer: The information provided is not intended to constitute legal advice or create an attorney-client relationship. You should not act on or refrain from acting based on the information provided without first consulting with your legal and/or tax counsel.