When a co-owner or spouse passes away, one of the first practical shocks is this: their name doesn't just fall off the deed. Until title is properly cleared, you generally can't sell or refinance the home. The good news is that in many Florida cases it's straightforward — but how straightforward depends entirely on how the deed was written. Here's how each situation works and what you'll need.
- A deceased owner's name doesn't come off automatically — title has to be cleared before you can sell or refinance.
- With rights of survivorship or spouses holding as tenants by the entirety, the survivor usually becomes sole owner automatically — cleared by recording a death certificate and often an affidavit.
- If the deceased owned alone or as a tenant in common without survivorship, the interest generally passes through probate.
- A Lady Bird (enhanced life estate) deed passes the home to beneficiaries at death without probate.
Start With How Title Was Held
Before anything else, we look at the existing deed to see how the owners held title, because that single fact decides the whole process:
- Joint tenants with right of survivorship — the surviving owner(s) automatically take the deceased's share.
- Tenancy by the entirety (married couples) — the surviving spouse automatically owns the whole property.
- Life estate / Lady Bird deed — the property passes to the named remainder beneficiaries at death.
- Tenants in common — the deceased's share passes to their heirs or estate, usually through probate.
- Sole ownership — the property passes through the estate, generally requiring probate.
Survivorship & Spouses (Usually Easy)
These are the smooth cases. If the deed carried rights of survivorship, or a married couple held title as tenants by the entirety, the surviving owner already is the full owner the moment the other passes. You don't need a new deed to make that true — you clear the public record by recording a certified copy of the death certificate, often accompanied by an affidavit of continuous marriage or affidavit of survivorship. Once recorded, the title is clean and you can sell or refinance.
Trusted for Florida Closings
“Atlantic Title made our first home purchase so smooth. They explained every document clearly and closed on time. Couldn’t recommend them more highly.”
“As a Realtor I send every single client to Atlantic Title. Their team is responsive, professional, and always closes on time. My go-to title company in Florida.”
“We did a RON closing from out of state and it was absolutely seamless. The technology was easy to use and the team walked us through every step. Exceptional.”
Need to Clear a Deed After a Death?
Leave your name, phone, and email — a licensed Florida title agent will review the deed and tell you exactly what's needed to sell or refinance.
When Probate Is Needed
If the deceased owned the property by themselves, or held a share as a tenant in common without any survivorship arrangement, their interest becomes part of their estate — and in most cases that means probate before the property can be sold. Florida offers streamlined options for smaller or simpler estates, but a court process of some kind is usually unavoidable here. This is exactly why estate planning tools like a Lady Bird deed matter: they let the home pass to beneficiaries at death without probate. See our guide on Florida Lady Bird deeds.
The Documents You'll Need
Certified Death Certificate
The foundation of every scenario — a certified copy is recorded to update the public record.
The Existing Deed
We review it to confirm how title was held, which determines everything else.
An Affidavit (Often)
An affidavit of continuous marriage or survivorship is commonly recorded alongside the death certificate to confirm the surviving owner.
Probate Documents (If Required)
If probate applies, court paperwork such as letters of administration authorizes the sale. We coordinate with your attorney.
💡 Trying to sell or refinance after losing a co-owner? Talk to Atlantic Title Firm — we review the deed and prepare exactly what's needed to clear title.
Free Florida Closing & Title Tools
See all Florida title calculators →
💡 Selling or refinancing after a co-owner's death? Talk to Atlantic Title Firm — we review the deed and prepare what's needed to clear title.
Open & Move Your File Online
Already have a signed contract? Send it over and we’ll open your file today.
Submit a Contract →Related Reading
Florida Lady Bird Deeds
Pass property at death, skip probate.
Add or Remove a Spouse From a Deed
How spousal transfers work.
Sell Inherited Property Without Probate
When you can skip the court.
Frequently Asked Questions
How do I remove a deceased person from a deed in Florida?
It depends how title was held. With survivorship (or spouses holding as tenants by the entirety), the survivor becomes sole owner automatically — clear the record with a certified death certificate and often a short affidavit. A solely-owned or tenants-in-common share usually passes through probate or a life-estate deed.
Do I need probate to sell after a death?
Not always. Survivorship deeds, tenancy by the entirety, and Lady Bird deeds typically avoid probate for the home. If the deceased owned alone or as a tenant in common without survivorship, probate is usually required first.
What documents do I need?
Usually a certified death certificate, the existing deed, and often an affidavit (of continuous marriage or survivorship). If probate applies, court documents like letters of administration too. A title company or attorney confirms your exact list.
How does a Lady Bird deed help?
It passes property automatically to named beneficiaries at death without probate, while the owner keeps control during life. Afterward, beneficiaries usually clear title by recording the death certificate.
General information, not legal advice. Florida laws, requirements, and deadlines change — always confirm the current rules with a licensed Florida attorney and your title agent about your specific situation.
Clearing a Deed After a Death?
Atlantic Title Firm reviews the deed, orders the right documents, and prepares the title so you can sell or refinance — statewide across all 67 Florida counties.