Statewide Probate - A Service of McDonald Fleming Moorhead, Attorneys at Law

Contact Us 1-850-477-0660

Call Toll Free 1-800-940-0660

Florida Probate Laws and Common Law Marriage

Probate laws in Florida allow a title to pass automatically to a spouse (with caveats, of course) if the other spouse dies. However, sometimes a couple may have thought they had a common law marriage.

The article below explains the conditions that must be met in order for a common law marriage to be sufficient to pass a title after death of a spouse.

Does Florida recognize a common law marriage?

In some cases, yes, the state's probate laws recognize a common law marriage. Florida Statute 741.211 provides, "[n]o common-law marriage entered into after January 1, 1968, shall be valid".

Even though under Florida laws, the state no longer recognizes the validity of common law marriages created after January 1, 1968, Florida will respect a common law marriage validly created in a jurisdiction recognizing such marriages as noted in American Airlines, Inc. v. Mejia, 766 So. 2d 305 (Fla. 4th DCA 2000).

So, in order to avoid Florida probate, the property owners would have had to have been a couple in a state that recognizes common law marriages at the time they took title to the estate's real property.

Our Attorneys Have Florida Probate Administration Experience

The estate attorneys at Statewide Probate understand the intricacies of Florida probate laws and can help you navigate through your estate's administration. Unlike some local lawyers, we offer reasonable probate administration fees, which are often lower than the standard fee rate in the state. Discover why we represent estates from Miami, Pensacola, West Palm Beach, Fort Meyers, and throughout Florida. Schedule a free probate administration consultation today.