How to Remove Name of Deceased Owner from Deed

One of the questions this office is most frequently asked is how to remove the name of a deceased person from the deed to property or how to otherwise "clear up" the deed, so the property can be conveyed.

Unfortunately, this is not a process that is so easily accomplished that individuals can be assured of doing it correctly without the assistance of an attorney. Many factors must be taken into consideration, including, but not limited to, future interests, trusts, and taxes.

There are no forms or prepared instructions which this office can give you and we are prohibited from offering anything which can be construed as legal advice, since the office is not staffed with attorneys.

Generally speaking, the very simplest transactions require at least three documents:

1. A certified copy of the Death Certificate of the deceased property owner, available from the State of Florida Office of Vital Statistics. The Death Certificate must not show the cause of death. When you are making the request for the Certificate, you need to state that the cause of death cannot show.

2. Various tax forms are issued by the State of Florida Department of Revenue (DOR) such as DR-219, DR-312 and Affidavit of No Florida Estate Tax Due. To download or obtain this form online please visit the Florida Department of Revenue website at
www.myflorida.com/dor/forms. These and other forms are available by contacting your in-state office, or via mail at:

Florida Department of Revenue Service Centers
Tallahassee Service Center
2410 Allen Road
Tallahassee, FL 32312-2603
850-488-9719 (ET)

3. If the property is owned by a married couple, one of whom is now deceased, an Affidavit of Continuous Marriage. This document, which must be composed "from scratch" (no form available) must be executed by the surviving spouse in front of a notary. It specifies the dates covered by the marriage and gives the legal description of the property held jointly by the couple until the time of death of one of them.

Although office supply stores sell legal forms and there are reference books available in local bookstores and libraries which provide some direction in the use of these forms, you would probably be best served by consulting a Florida attorney for assistance. If you do not have an attorney, the Broward County Bar Association maintains a list and can refer you to someone with the skills you need. They can be reached at 1051 S.E. Third Avenue, Fort Lauderdale, Florida 33316, Telephone (954) 764-8040.

We hope this information will be helpful to you. Please do not ask the staff of this office to assist you in filling out forms, as they are not able to do so.

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