What Happens to Jointly Owned Property in Florida When an Owner Dies?
When a joint owner dies in Florida, what the survivor records is the “Certified copy of the death certificateFla. Unif. Title Std. 6.6, Problem 1Verified Oct 26, 2026View source”.
Florida names the “Certified copy of the death certificateFla. Unif. Title Std. 6.6, Problem 1Verified Oct 26, 2026View source”. Florida law names no affidavit for a surviving joint tenant or spouse. Title vests in the survivor at the death, and the survivor records a certified copy of the death certificate with the clerk of the circuit court to show the death in the county recordsFla. Stat. § 28.222(3)(g) (2026)Verified Oct 26, 2026View source.
Attached when recorded: death certificate (certified copies of death certificates authorized for issuance by the Department of Health which exclude the information that is confidential under s. 382.008, and certified copies of death certificates issued by another state whether or not they exclude the information described as confidential in s. 382.008)Fla. Stat. § 28.222(3)(g) (2026); § 382.008(6) (2026)Verified Oct 26, 2026View source.
Florida's survivorship vestings are joint tenants with right of survivorship, which the deed must state expressly, and tenants by the entirety between spouses. A deed to two or more owners without that language creates a tenancy in commonFla. Stat. § 28.222(3)(g); Fla. Stat. § 689.15; Fla. Unif. Title Stds. 6.6-6.8Verified Oct 26, 2026View source.
In Florida, no statute authorizes a transfer on death deed, so a death affidavit on that basis does not arise.
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Learn moreForms for Settling an Estate in Florida
Free forms for settling an estate in Florida: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Florida, the notice to creditors is published for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Florida, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment.
Estate Closing
In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Florida
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Florida, certified death certificates come from the Florida Department of Health - Bureau of Vital StatisticsFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $5Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source, additional copies $4Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source each.
Do I Need Probate?
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.
Do I Have to File Tax Returns for Someone Who Died?
Florida has no state income tax, so only the federal final Form 1040 is due for the decedentFla. Const. Art. VII, § 5(a)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Florida, the estate either qualifies for the simplified procedure for estates under $150,000 or goes through probate, where creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Florida levies no estate or inheritance taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Florida imposes no inheritance or estate taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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Florida Estate Settlement Resources
In-depth guides covering Florida probate, estate administration, and settling an estate.