Affidavit of Death in Florida
An affidavit of death is a sworn document recorded in the county official records to establish that a person who held an interest in Florida real property has died. This affidavit updates the public record and enables surviving owners, heirs, or successors to transact with the property.
When It Is Required
Florida title companies require an affidavit of death before insuring title when a record owner has died. The most common situations involve properties held as joint tenants with right of survivorship, where the surviving joint tenant needs to document that the decedent's interest has passed automatically, and life estates, where the remainderman needs to document the life tenant's death to claim full ownership.
Contents and Recording
The affidavit identifies the decedent, states the date and place of death, describes the affected property by legal description, explains the basis for the successor's claim, and attaches a certified copy of the death certificate. Once recorded in the county where the property is located, the affidavit provides constructive notice to all parties dealing with the property and allows the title company to proceed with insuring the surviving owner's interest.
Related Terms
Barnes Walker Title Services
Barnes Walker Title prepares and records affidavits of death for closings throughout Manatee, Sarasota, and surrounding counties. Submit a title inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC