Getting a Deed to Property After Death in Miami, Florida

After someone dies owning real property in Florida, the beneficiaries or heirs do not automatically receive a deed in their name. A legal process must be completed to transfer title, and the type of deed used depends on how the estate is being administered. Whether the property passes through probate, a trust, or another mechanism, a properly executed and recorded deed is the final step that gives the new owner clear, marketable title.

Personal Representative's Deed

When real property passes through probate, the personal representative of the estate is the person authorized to execute a deed transferring the property to the beneficiary or buyer. This deed is commonly called a personal representative's deed (sometimes referred to as an executor's deed or administrator's deed, depending on how the personal representative was appointed).

The personal representative's deed is issued after the court grants authority to the personal representative through letters of administration (in intestate estates) or letters testamentary (in testate estates). The deed conveys whatever interest the decedent held in the property at the time of death.

A personal representative's deed typically includes:

The name of the personal representative and the estate they represent
A reference to the court case number and the county where probate was opened
The legal description of the property
The name of the grantee (the beneficiary or buyer)
A statement that the conveyance is made in the personal representative's fiduciary capacity

In most cases, a personal representative's deed does not include warranties of title. It conveys only the interest the estate holds, without guaranteeing that the title is free of defects. This is an important distinction from a warranty deed, and it affects the beneficiary's ability to obtain title insurance.

Trustee's Deed

When the decedent placed real property into a revocable living trust during their lifetime, the property does not go through probate. Instead, the successor trustee named in the trust document assumes responsibility for managing and distributing the trust assets after the trustmaker's death.

To transfer the property to a trust beneficiary, the successor trustee executes a trustee's deed. This deed conveys the property from the trust to the individual beneficiary. A trustee's deed typically includes:

The name of the successor trustee and the name of the trust
A reference to the date the trust was created
A statement of the trustee's authority to convey the property
The legal description of the property
The name of the grantee

Like a personal representative's deed, a trustee's deed generally does not include full warranties of title. However, trust transfers are typically faster and less expensive than probate transfers because no court involvement is required.

Order of Summary Administration

In estates that qualify for summary administration under F.S. 735.201, the court does not appoint a personal representative. Instead, the court enters an order of summary administration that directs the distribution of the estate's assets, including real property, to the beneficiaries or heirs.

This court order can be recorded in the official records of the county where the property is located and serves as the instrument transferring title. In some cases, it may be necessary or advisable to also prepare and record a deed based on the court order to ensure that the chain of title is clear for future transactions.

Recording Requirements in Miami-Dade County

Every deed transferring real property in Florida must be recorded in the official records of the county where the property is located. In Miami-Dade County, deeds are recorded with the Miami-Dade County Clerk of the Courts. The recording requirements include:

Original document: The original signed deed must be submitted for recording. Electronic recording is available through approved vendors.
Formatting standards: The deed must have a minimum 3-inch top margin on the first page for the clerk's recording information, 1-inch margins on all other sides, and must be printed in black ink with a minimum font size that is legible for scanning.
Prepared-by statement: Florida law requires that the deed include the name and address of the person who prepared the document.
Return address: The deed must include a return address where the recorded document will be mailed after processing.
Recording fees: Miami-Dade County charges $10.00 for the first page and $8.50 for each additional page. These fees are subject to change.
Property appraiser's parcel ID: Including the folio number assigned by the Miami-Dade Property Appraiser helps ensure the deed is properly indexed.

Documentary Stamp Tax

Florida imposes a documentary stamp tax on deeds and other documents that transfer an interest in real property. The tax is calculated at a rate of $0.70 per $100 of the total consideration paid for the property. In Miami-Dade County, an additional discretionary surtax of $0.45 per $100 applies to most transfers of real property.

However, certain transfers related to estates are exempt from or subject to reduced documentary stamp tax:

Transfers pursuant to a will or intestacy: When a personal representative transfers property to a beneficiary or heir as directed by a will or Florida's intestacy laws, the transfer is generally exempt from documentary stamp tax because there is no consideration being paid.
Trust distributions: Transfers from a trust to a beneficiary as provided in the trust instrument are typically treated similarly and are not subject to the tax.
Sales by the estate: If the personal representative sells the property to a third-party buyer, documentary stamp tax applies based on the sale price. This is a taxable transaction like any other real estate sale.

The documentary stamp tax must be paid at the time of recording. The clerk will not record a deed without payment of all applicable taxes and fees.

Title Insurance Considerations

Obtaining title insurance on property acquired from an estate can present unique challenges. Title insurance companies conduct a thorough search of the property's chain of title, and when a death is involved, they look for potential issues such as:

Whether the probate was properly conducted and all creditors were notified
Whether all heirs or beneficiaries were identified and accounted for
Whether homestead rights of a surviving spouse or minor children were properly addressed
Whether any liens, judgments, or encumbrances exist against the property or the decedent
Whether the personal representative or trustee had proper authority to convey the property

Because personal representative's deeds and trustee's deeds typically do not include title warranties, title insurance is especially important for buyers or beneficiaries who plan to sell or refinance the property in the future. A title company may require additional documentation, such as a copy of the will, trust document, letters of administration, or court orders, before issuing a policy.

In some cases, the title company may require that the probate be completed and the creditor claim period expired before it will issue a policy. This is particularly relevant in formal administration, where the creditor claim period under F.S. 733.710 is generally three months from the date of the first publication of the notice to creditors, but no claim can be filed later than two years after the decedent's death.

Steps to Obtain a Deed After Death

The general process for obtaining a deed to property after someone dies in Florida involves these steps:

Determine how the property was titled. Check the deed on file with the county to see whether the property was held solely, jointly, in a trust, or with a transfer on death designation.
Open probate if necessary. If the property must pass through probate, file the appropriate petition with the circuit court in the county where the decedent resided or where the property is located.
Obtain authority to act. The personal representative must receive letters of administration or letters testamentary. A successor trustee must establish their authority under the trust document.
Satisfy estate obligations. Before distributing the property, debts, taxes, and other obligations of the estate must be addressed.
Execute and record the deed. The personal representative or trustee prepares the deed, executes it with proper formalities, and records it with the county clerk along with all required fees and taxes.
Obtain title insurance if needed. If the beneficiary plans to sell or mortgage the property, title insurance should be obtained to protect against potential claims.

Contact a Florida Probate and Real Estate Attorney

Getting a deed to property after death in Florida requires careful attention to legal requirements, recording procedures, and tax obligations. The Law Offices of Albert Goodwin assists families and beneficiaries throughout Miami-Dade County with obtaining deeds to inherited property, whether through probate, trust administration, or other mechanisms. Call us at 786-522-1411 or email [email protected] to discuss your situation with an experienced attorney at our Coral Gables office.