[FL] Do survivorship rights allow a widow to transfer property to a trust by quitclaim deed after spouse death?

Lexi, Chatbot

I'm sorry to hear about your father's passing; that can be a difficult time. Did your mother have a will or any estate planning documents in place when your father passed away?

Lexi, Chatbot

Have you consulted with any legal professionals regarding the trust and the property transfer process?

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.

I understand you're dealing with a situation where your mother is updating all properties to her trust, and there's one property still under both your mother and late father's names. Is that correct? What state are you in? What does the current deed list the owners as? Joint tenants with right of survivorship?

Benjamin

If title was held as joint tenants with right of survivorship:

If the deed said something like:
“Husband and Wife as Joint Tenants” or “Joint Tenants with Right of Survivorship”

Then:

• Your father’s interest passed automatically to your mother upon death (FL Stat § 689.15)
• No probate was required for that property
• Your mother became 100% owner by operation of law

In that case:

• Listing her as “a widow” on the quitclaim deed to her trust is correct
• Not including your father on the new deed is correct

You would typically record first:

Certified death certificate or Affidavit of Survivorship (sometimes required depending on county) to remove your father's name from the deed and then execute the quitclaim deed from your mother to whomever she is transferring it to. That is standard procedure.

If the property was held as:

Joint Tenants with Right of Survivorship

Then your mother automatically became sole owner at death.

In that situation, most counties and title companies will accept:

• Certified copy of the death certificate
• An Affidavit of Death of Joint Tenant (or Affidavit of Survivorship)
• A deed from your mother (as widow) to her trust

The affidavit is important because it formally ties the death certificate to the specific legal description of the property. Many recorders will not index a death certificate alone against the property without that affidavit.

This is the process generally needed to complete this transaction; however, the county recording office may accept just the death certificate, but that is not common.

Benjamin

Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!