How to Clear the Title to Jointly Owned Real Estate when Your Spouse Dies

If your spouse passes away and you owned real property with your spouse as tenant by the entirety, you need to clear the title to your real estate so it is owned by you alone as the surviving spouse through the following steps.

• Record a copy of the death certificate with the Clerk of Court in the county where the property is located.
• File an “Affidavit of Continuous Marriage” with the County Clerk. This form proves that your marriage was valid through your spouse’s death.
• File an “Affidavit of No Florida Estate Tax” (or DR-312 form). A copy of this form is linked below.

Affidavit of No Florida Estate Tax

Following these steps to clear the title to your property will ensure that there are no delays when you later wish to sell the property.

Bach & Jacobs, P.A. assists clients with the transfer of jointly owned real property after a joint owner dies and can prepare the necessary Affidavits and guide you through the process to properly transfer the title.