Collier County Decedent Interest in Homestead Affidavit Form (Florida)

All Collier County specific forms and documents listed below are included in your immediate download package:

Decedent Interest in Homestead Affidavit Form

Collier County Decedent Interest in Homestead Affidavit Form

Fill in the blank Decedent Interest in Homestead Affidavit form formatted to comply with all Florida recording and content requirements.
Included Collier County compliant document last validated/updated 10/23/2024

Decedent Interest in Homestead Affidavit Guide

Collier County Decedent Interest in Homestead Affidavit Guide

Line by line guide explaining every blank on the Decedent Interest in Homestead Affidavit form.
Included Collier County compliant document last validated/updated 3/18/2024

Completed Example of the Decedent Interest in Homestead Affidavit Document

Collier County Completed Example of the Decedent Interest in Homestead Affidavit Document

Example of a properly completed Florida Decedent Interest in Homestead Affidavit document for reference.
Included Collier County compliant document last validated/updated 8/28/2024

When using these Decedent Interest in Homestead Affidavit forms, the subject real estate must be physically located in Collier County. The executed documents should then be recorded in the following office:

Recording Department - Courthouse Annex

3301 Tamiami Trail East, 2nd floor / PO Box 413044, Naples, Florida 34112-5324 / 34101-3044

Hours: 8:00am to 5:00pm M-F

Phone: (239) 252-8261

Local jurisdictions located in Collier County include:

  • Chokoloskee
  • Copeland
  • Everglades City
  • Goodland
  • Immokalee
  • Marco Island
  • Naples
  • Vanderbilt Beach

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Collier County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Collier County using our eRecording service.
Are these forms guaranteed to be recordable in Collier County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Collier County including margin requirements, content requirements, font and font size requirements.

Can the Decedent Interest in Homestead Affidavit forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Collier County that you need to transfer you would only need to order our forms once for all of your properties in Collier County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Florida or Collier County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Collier County Decedent Interest in Homestead Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Decedent's interest in homestead affidavit

Under Florida law, real estate that is identified as a homestead but is not included in a deceased owner's will passes to beneficiaries in the same manner as other intestate property. If the decedent is survived by a spouse and one or more descendants, however, the surviving spouse has three main options as set out in section 732.401 of the Florida Statutes:

- take a life estate in the homestead, with a vested remainder to the descendants alive at the time of the decedent's death per stirpes (according to Black's Law Dictionary, 8th ed., "proportionately divided between beneficiaries according to their deceased ancestor's share").

- take an undivided one-half interest in the late spouse's homestead as a tenant in common, with the remaining one-half interest held by any descendants per stirpes.

- disclaim the interest as directed in chapter 739.

When a surviving spouse chooses to take the one-half interest in the property, he/she files a decedent's interest in homestead affidavit. This document allows the spouse to waive the marital rights to a life estate in the property. Instead, the surviving spouse and any descendants hold title as tenants in common. As tenants in common, each party can independently sell his/her interests to the property without notice or joinder from the others.

In most cases, the affidavit must be filed within six months of the decedent's death. The affidavit can be made by the surviving spouse him/herself or, with the court's approval, an attorney in fact or guardian of the property of the surviving spouse. The document is then filed in the county or counties in which the homestead property is located. Once recorded, the surviving spouse's decision is irrevocable.

Each case is unique, so contact an attorney with specific questions or for complex situations.


Product description:
Use this document when the owner of homestead property dies without including the real estate in the will and the surviving spouse elects to forego his/her life estate interest in favor of one-half share and convert his/her interest in a life estate to a tenancy in common with the descendants.

(Florida Decedent Interest in Homestead Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Collier County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Collier County Decedent Interest in Homestead Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Mary G.

November 24th, 2020

Very easy process, handled quickly without complications. Excellent communication about status.

Reply from Staff

Thank you!

Teresa R.

May 7th, 2022

FANTASTIC. Sometimes we think know something, glad I found out I was wrong before it was too late.

Reply from Staff

Thank you!

Rohini L.

January 31st, 2024

This is the first time I am filling out a legal form downloaded from a website. Throughly impressed with the detailed explanation along with sample forms to help a novice like me to fill out the actual form.rnI will remember to go to your site if I need in the future and have already recommended your site to others. Thanks for an excellent job.

Reply from Staff

Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!

Charles F.

November 19th, 2020

Quick and Easy

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Lenore H.

March 13th, 2019

I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.

Reply from Staff

Thank you!

Frank T.

March 20th, 2021

Site was very helpful in getting the form needed to file a Quitclaim and the procedures to complete the task

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Robin B.

November 6th, 2020

Nice and easy

Reply from Staff

Thank you!

Bobbie N.

February 24th, 2022

Thank you so much for making the site so easy to use.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Gail M.

October 27th, 2022

Great website. Once submit payment documents are immediately emailed, easy to print and clear format. Will definitely use again!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Russell L.

November 9th, 2021

Your Personal Representative's Deed and example for the state of PA were extremely helpful. Exactly what I needed! Two feedback comments: 1. Valuation Factors/Short List in my download is an outdated table dated July 2020. The PA Dept of Revenue website has a more current table dated June 2021. (Maybe same for Valuation Factors/Long List, which I didn't use.) 2. Notarization section on deed page 3 has a gender-related input needed, which confused the Notary Public representative where I live in the state of CO. Notary input the word she to apply to my wife, but wasn't clear to him if the gender input applied to the Grantor or the Notary. He assumed Grantor. Also in our non-binary world, some might find that wording offensive. Thanks again for your documents. Russ Lewis

Reply from Staff

Thank you!

Richard C.

January 2nd, 2020

There was not much info available but what you produced confirmed what I needed to know.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Karen G.

May 7th, 2021

easy to complete.
directions and forms where great!!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!