How to Transfer a House After Death in Florida: Complete Guide
If a loved one owned a home in Florida and has passed away, the property cannot be legally transferred to heirs automatically. Even if there is a will, a legal process is usually required to transfer ownership. This process ensures the new owner has clear title and can sell, refinance, or occupy the property.
This guide explains exactly how to transfer a house after death in Florida and how to do it as quickly and affordably as possible.
Step 1: Determine How the Property Was Titled
The first step is reviewing the deed to determine how the property was owned.
Common ownership types:
Sole ownership
If the deceased person was the only owner, probate is required to transfer the property.
Joint ownership with rights of survivorship
If the property was owned jointly with survivorship rights, the property automatically transfers to the surviving owner without probate.
Ownership in a trust
If the property was titled in a revocable living trust, probate is not required. The successor trustee can transfer the property according to the trust terms.
Homestead property
Homestead property receives special protections under Florida law, but probate is still often required to transfer legal title to heirs.
Step 2: Determine Which Probate Process Applies
There are two main probate options in Florida:
Summary Administration (Fastest and Most Common)
Summary administration is available if:
The estate is worth $75,000 or less (excluding exempt property), or
The person has been deceased for more than two years
This is the fastest and most affordable way to transfer a home.
Most summary administrations are completed in 2 to 8 weeks.
Formal Administration (Full Probate)
Formal administration is required if:
The estate exceeds $75,000, and
The death occurred within the last two years
This process involves appointing a personal representative and usually takes 6 to 12 months.
Step 3: File a Petition with the Probate Court
To transfer the property, a probate petition must be filed in the county where the deceased person lived or where the property is located.
This includes:
Death certificate
Original will (if one exists)
Property information
Names of beneficiaries or heirs
The court then issues an order transferring ownership.
Step 4: Record the New Deed
Once the court issues the Order of Summary Administration or completes formal probate, a new deed is recorded in the county land records.
This officially transfers ownership to the heirs.
After this step, the new owner can:
Sell the property
Refinance the property
Move into the property
Transfer the property
Special Rules for Florida Homestead Property
Homestead property has special legal protections, including protection from many creditors.
Proper probate ensures:
Clear legal ownership
Preservation of homestead protections
Ability to sell or refinance
This step is critical to avoid title problems later.
How Long Does It Take to Transfer a House After Death?
Typical timelines:
Summary Administration: 2–8 weeks
Formal Probate: 6–12 months
Working with an experienced probate attorney can significantly speed up the process.
Flat-Fee Summary Administration Starting at $1,500 – Karten Legal
Karten Legal helps families throughout Broward, Palm Beach, and Miami-Dade transfer inherited property quickly and efficiently.
We offer flat-fee summary administration starting at $1,500, including:
Preparing and filing probate petitions
Handling court filings
Transferring homestead property
Preparing and recording deeds
Guiding you through the entire process
We make probate simple, fast, and stress-free.
Need Help With Probate in Florida?
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