What is a decedent interest in homestead affidavit?

A Decedent Interest in Homestead Affidavit is a document that relates to a unique situation in Florida state law: when a person who owns property that has been deemed a ‘homestead’ passes away but has not included the homestead in their will. If the deceased is survived by both a spouse and other descendants, the surviving spouse has a few options with regard to ownership of the homestead in question.

Once such option is to inherit half the interest in the homestead as a tenant in common, with the other half of the property’s interest being held by any descendants. To claim this option, the surviving spouse will need to file the Florida Decedent Interest in Homestead Affidavit.

With this affidavit, the surviving spouse is waiving their marital rights to a life estate in the homestead property. They and any descendants will hold title as tenants in common and may each independently sell their interests to the property without notice to or permission from other tenants in common.

A Decedent Interest in Homestead Affidavit is an irrevocable form that cannot be reversed once it has been filed. Typically, the document must be filed within six months of the death of the decedent with the clerk of the court in the county where the homestead is located.

Published: Sep 25, 2022

Updated: Aug 18, 2022

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