When taking title to real property with your spouse as “husband and wife” or “a married couple,” you automatically take title as tenants by the entirety in Florida unless you choose to take title in another way. If the property is owned as tenants by the entirety, this means that when your spouse dies, you automatically inherit your spouse’s share of the property. You do not need to remove your deceased spouse’s name from title unless you want to.
If you want to sell the property or otherwise transfer it after your spouse passed away, you will need (1) to record a certified copy of your spouse’s death certificate, (2) an affidavit of continuous marriage, and (3) form DR-312 indicating no Florida estate tax due.
- Record certified copy of death certificate – A certified copy of death certificate will need to be recorded in the county where the property is located. If possible, the death certificate should not include the cause of death (if the deceased spouse died in Florida, then you will need to obtain a death certificate without cause of death from the state of Florida.).
- Affidavit of continuous marriage – When you sell the property, you will likely need to sign a continuous marriage affidavit. A continuous marriage affidavit provides proof that the tenancy by the entirety was valid until the death of your deceased spouse.
- Form DR-312 indicating no Florida estate tax due – If the estate of the deceased spouse is not required to file a federal tax return (federal tax return is required for estates valued over $13.61 million in 2024), then the personal representative of the decedent can fill out a DR-312 indicating no Florida estate tax is due and the estate is not filing a federal estate tax return.
The affidavit of continuous marriage and DR-312 will be prepared by the closing agent handling the sale of the property. The only document you will need to come to the closing with is the certified death certificate.