Florida Inheritance Property Transfer Guide

Inheriting a house or condo in Florida can bring more paperwork than you expect. You’re dealing with probate court filings, county property appraiser records, and deed preparation all while managing the loss of a family member. A clear documentation guide helps you avoid rejected filings, extra legal fees, and months of delay. This article focuses on the exact documents you need, when they’re required, and the steps that trip people up most often.

What documents are needed to transfer inherited real estate in Florida?

The specific documents depend on whether the estate goes through probate and how the property was titled. In most cases, you’ll need several of these:

A certified copy of the death certificate
The original will (if one exists) and any codicils
Probate court orders typically an Order of Summary Administration or an Order of Discharge for formal administration
A new deed to transfer ownership, such as a Personal Representative’s Deed or a fiduciary deed
An Affidavit of Heirship when no probate is filed and the estate qualifies as small
Homestead determination paperwork if the property was the deceased’s primary residence
DR-219 (Affidavit of No Florida Estate Tax Due) if the estate falls under older tax rules

If the property was held in a trust, the successor trustee will instead sign a trustee’s deed, and probate documents may not be needed at all. Getting the documentation right early prevents the county from rejecting your deed recording or holding up a sale.

How to transfer a house title after death in Florida

The process depends on whether probate is required. Florida law uses two main probate paths for transferring real estate: summary administration and formal administration. Which one you use changes the paperwork.

Summary administration works when the estate’s non-exempt assets are under $75,000, or the person passed away more than two years ago. It’s faster and needs fewer documents. You file a Petition for Summary Administration, and if approved, the court issues an order that lets you record a new deed.

Formal administration is the full probate process. The personal representative receives Letters of Administration, manages the estate, and eventually transfers the property with a Personal Representative’s Deed. This requires more record-keeping, including inventory filings and notices to creditors.

If the estate meets the small-estate rules and no real creditor claims exist, some families use an Affidavit of Heirship instead of probate. However, title companies often hesitate to insure properties transferred this way, so it’s not always a smooth path. When you’re putting together the transfer paperwork, you can follow our step-by-step estate transfer paperwork guide to see exactly which forms fit your situation.

When is probate required for Florida inheritance property?

Probate is required when the deceased person owned the property in their name alone, without a trust or joint tenancy with rights of survivorship. Even a last will does not skip probate in Florida the will must be admitted to the probate court for the transfer to be valid.

There are exceptions. Homestead property receives special treatment under Florida law. If the house qualifies as homestead and passes to heirs at law, the probate court may determine homestead status and exempt it from creditor claims, but you still need a court order to clarify the transfer. Also, property held in a Florida land trust or a living trust avoids probate entirely, as does property titled as joint tenants with right of survivorship the surviving owner simply records a death certificate and an updated deed.

Before you file anything, review an estate settlement document checklist to see which probate path your property may need. The checklist helps you confirm whether the property even needs probate or if a simpler process applies.

Common mistakes with Florida inheritance transfer documents

The County Recorder’s office will reject a deed for small errors, and probate judges send back incorrect petitions. These are the problems we see most often:

Incorrect legal description. The deed must use the exact legal description from the prior deed or the property appraiser’s record, not a street address.
Missing documentary stamp disclosures. Inherited property transfers are generally exempt from documentary stamp tax, but you must note the exemption on the deed itself, citing the proper Florida statute. Forgetting this can lead to a tax bill later. You can verify current Florida documentary stamp tax rates and exemption rules on the Department of Revenue site.
Wrong grantee name. The new deed must list the heir or buyer’s name exactly as it appears in the probate order or trust document. A nickname or misspelling creates a cloud on the title.
Overlooking the property appraiser. After recording the deed, you must notify the county property appraiser’s office. If you skip this, previous exemptions may stick and cause confusion for taxes.
Assuming a will alone transfers title. A will does not move real estate by itself in Florida. You need a probate court order or trust administration before a new deed can be prepared.

Having a printable Florida estate settlement checklist on hand while you gather records can prevent several of these missteps. Simply checking off documents as you obtain them saves backtracking later.

What taxes and fees apply when you transfer inherited property?

Florida does not have a state inheritance tax or estate tax for deaths occurring after 2004, so most families worry only about federal estate tax, which applies only to very large estates (over $13.61 million in 2024). However, there are still transfer-related costs:

Documentary stamp tax on deeds. Normally, this applies when selling property, but transfers to heirs as a result of death are exempt. The deed must clearly state the exemption, or the county may charge it.
Recording fees. The county charges for recording the new deed and any probate orders. These are typically under $50 for the first page, with small additional per-page fees.
Probate filing fees. The court charges a fee for opening an estate, based on the value of the assets. Summary administration generally costs a few hundred dollars less than formal administration.

If you plan to sell the inherited property soon after transfer, Florida’s property tax rules on “change of ownership” may reset the assessed value. That could increase property taxes for the new owner or a buyer. The county property appraiser reviews these cases individually.

How to prepare a deed for inherited property in Florida

The type of deed depends on who is transferring it and under what authority. Most often, you’ll use one of these:

Personal Representative’s Deed: Used in formal probate, signed by the court-appointed personal representative.
Fiduciary Deed (Summary Administration): Signed by the person named in the summary administration order, typically the heir who is distributing or taking title.
Trustee’s Deed: Used when property is held in a trust and the successor trustee is conveying it to a beneficiary.

Each deed must include the grantor’s capacity (for example, “as Personal Representative of the Estate of…”), the full legal description, and the documentary stamp exemption language. After signing, the deed must be notarized and recorded in the county where the property sits. Before you start drafting, download the Florida real estate transfer procedure checklist (PDF) to see a visual overview of the order and timing for each filing.

What happens after you record the deed?

Recording the deed is only the first part of closing out the transfer. You still need to:

Send a copy of the recorded deed to the county property appraiser along with any change of ownership forms they require.
If the property had a homestead exemption, file for a new exemption if you’ll live there as your primary residence. Otherwise, the exemption will be removed, and taxes may rise.
Notify the homeowners insurance company and update the named insured on the policy.
Keep the original recorded deed and probate order in a safe place future sales may require proof of the chain of title.
If the inherited property has a mortgage, contact the servicer. Federal law under the Garn-St. Germain Act generally prevents lenders from calling the loan due on a transfer to an heir, but you need to notify them and maintain payments.

Skipping these steps often leads to surprise tax bills or lapsed insurance coverage months later. A little follow-through keeps the transfer clean.

One practical tip before you file anything: Compare the name on the probate order exactly with the name you plan to put on the new deed middle initials, suffixes, everything. Even a tiny mismatch can cause a title defect that title companies flag years later when you go to sell. Taking a few minutes to verify now avoids a costly correction later.