A certificate of death needs to be recorded
Mr. Feichthaler: My husband and I purchased a home in Cape Coral in 2002. We lived there together until 2008, when he died of cancer. I have continued to live in the house, but the time has come that I move to a condominium. I hired a Realtor and signed a contract to sell, which will close on Dec. 10, if the buyer can get financing.
This week, I received a call from the law firm handling the title insurance and closing. They told me that the public record shows my husband is still alive, and that I had to provide a death certificate. I thought after seven years and the obituary that appeared, it was clear in the public record he had passed away – why is the firm asking me for a death certificate?
-Maggie D.
Dear Maggie: Thank you for your message. The closing agent, whether a law firm or a title company, needs to take all steps necessary to provide marketable title to your buyer. You likely held your house as husband and wife, or “tenants by the entireties,” with your husband. What that means from a legal perspective is once an owner passes away, the other will become the sole owner of the property. However, this conversion is not automatic. The closing agent looks to the county clerk of courts to see what is on the record relating to the property. If the death certificate was never recorded, the public record as recorded in the clerk’s office will not show any change since you purchased the property, and will still show your husband and you as owners. The recording of the death certificate, even seven years later, is sufficient to have the property now solely in your name. So, the firm is correct in asking you for the death certificate. Other items they ask for are also needed to ensure a smooth closing, and that you receive your money from the sale on time.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.