When spouse dies, does survivor get a new deed to the house?

Is there a new deed when spouse dies? For deed to home, what does surviving spouse need to do when a spouse dies?

Chip: If you have a husband and wife on the deed to the home, one spouse, say the husband, dies, what does the wife, the surviving spouse need to do to the deed before she could sell it? Does she have to get a whole different deed now, a new deed, go through that expense?

Attorney Tom Olsen: The answer is no. It's a much simpler process than that, Chip. First of all, a husband and wife, they own property together here in the state of Florida. You look at the deed, they're identified as a husband and wife. If one of them passes away, the only thing the surviving spouse needs to do is record the deceased spouse's death certificate in the public records in the county where the property is located. There is no new deed. It is the old deed showing they both owned it, together with in this situation husband's death certificate, and that would tell the whole world that the wife is now the sole owner. She would have a clear title to sell it. Chip, does that answer your question?

Chip: Yes, sir. Then bring if she's able to bring the copy of the death certificate to the closing or the buyer can just go look at the records at the court and get the records there?

Attorney Tom Olsen: If the wife is going to sell that property and the husband's death certificate has not yet been recorded, the closing agent, the title company will pick up that issue and the title company will say, "Bring a certified copy of his death certificate with you to closing and we will record it for you."

Chip: Great. Thank you very much. Have a nice weekend.

Attorney Tom Olsen: All right, Chip. Great question. Thanks so much for calling.