How can I remove my deceased stepfather's name from the property deed?

Full question:

this question is regarding property that I own in the state of Fl. that is in both my name and the name of my deceased step father (died 1986) what forms do i need to fill out to have his name removed from the deed. I have been paying all the property taxes since 1993. I left the title as is in respect to my mother but she passed away in april of this year so now I would like my name only on appear the trust deed.

Answer:

In Florida, if two or more people own property together, the title can pass to the surviving owner upon the death of one owner. This process can often be completed without going through probate. To remove your deceased stepfather's name from the deed, you typically need to file an affidavit along with a copy of his death certificate with the County Auditor and Recorder.

If the property was held as joint tenants with right of survivorship, it automatically transfers to you without probate. Since you have been the sole taxpayer since 1993, this supports your claim to the property. You may also need to check with the county recorder's office for specific procedures and requirements, as these can vary by location. Generally, a death certificate is necessary to make the change.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To remove a deceased person's name from a property deed in Florida, you typically need to provide an affidavit and a copy of the death certificate. These documents should be filed with the County Auditor and Recorder's office. It's important to check with your local county office for any specific forms or additional requirements they may have.