Monroe County Decedent Interest in Homestead Affidavit Form (Florida)
All Monroe County specific forms and documents listed below are included in your immediate download package:
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 Monroe County compliant document last validated/updated 10/23/2024
Decedent Interest in Homestead Affidavit Guide
Line by line guide explaining every blank on the Decedent Interest in Homestead Affidavit form.
Included Monroe County compliant document last validated/updated 3/18/2024
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 Monroe County compliant document last validated/updated 8/28/2024
The following Florida and Monroe County supplemental forms are included as a courtesy with your order:
When using these Decedent Interest in Homestead Affidavit forms, the subject real estate must be physically located in Monroe County. The executed documents should then be recorded in one of the following offices:
Clerk of the Court - Key West
500 Whitehead St, Key West, Florida 33040
Hours: 8:30 to 5:00 M-F
Phone: (305) 294-4641
Marathon Office
3117 Overseas Highway, Marathon, Florida 33050
Hours: 8:30 to 5:00 M-F
Phone: (305) 292-3540
Plantation Key Office 1
88820 Overseas Highway, Plantation Key, Florida 33070
Hours: 8:30 to 5:00 M-F
Phone: (305) 852-7145
Plantation Key Office 2
50 High Point Rd, Plantation Key, Florida 33070
Hours: 8:30 to 5:00 M-F
Phone: (305) 852-7145
Local jurisdictions located in Monroe County include:
- Big Pine Key
- Islamorada
- Key Colony Beach
- Key Largo
- Key West
- Long Key
- Marathon
- Marathon Shores
- Summerland Key
- Tavernier
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 Monroe 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 Monroe County using our eRecording service.
Are these forms guaranteed to be recordable in Monroe County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Monroe 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 Monroe County that you need to transfer you would only need to order our forms once for all of your properties in Monroe County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Florida or Monroe 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 Monroe 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 Monroe 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 Monroe 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 - ( 4434 Reviews )
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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Roland P.
December 28th, 2021
The website is easy to navigate. Unfortunately, you were not able to record the deed. However, I appreciate the fast response.
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Tom L.
January 10th, 2023
For better grammatical structure you should add the word "BE" after the first three words....
Your review may ..... BE....displayed.
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Robert S.
June 10th, 2022
Thank you! You are so awesome. Its amazing to be able to get everything together in a download packet. You make it so easy for the user.
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Catherine A.
September 25th, 2022
Very good site, easy to get around, very thourough, easy to use. Definately will use again. I give you 5 stars
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Jenny B.
October 30th, 2019
Thank you! Will use you again in the future.
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Cheryl C.
February 23rd, 2023
my only problem is the cost of the form I downloaded.
A bit cheaper would be nice
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William A B.
May 20th, 2020
Good service...deed release form as required.
Thank you!
Casey W.
September 9th, 2022
Excellent service, quick and right to the point, without a monthly subscription! Perfect for filers of single documents! Thanks!
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JOANN S.
November 8th, 2020
easy to use and understand forms. saved completed on my computer with no issues, even emailed them to my son for printing. recommend.
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Mica M.
March 2nd, 2021
I love deeds.com - hands down, the quickest way to record a warranty deed. The process and communication is so quick - the recording transaction too. Worth the extra $20 to me for my time! I didn't spend over an hour driving around, talking to someone via a kiosk to record the deed, didn't have to spend the energy of loading kids into the car to come with me, etc. The efficiency and timely process is worth the cost! Love having this available! The whole process via deeds.com took less than 5 minutes to upload a document and less than 3 minutes to pay the invoice shortly thereafter. The final recording was in my inbox in less than an hour. Thank you!
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Teri B.
January 7th, 2019
Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying.
Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
Richard M.
January 9th, 2020
Needed some help at the beginning but once I was into the program it was smooth sailing.
Thank you!