In Florida, a surviving spouse has the rights to the deceased's spouse's property regardless of whether or not there is a valid will for the deceased saying so. The surviving spouse must provide proof of identity; valid driver license or identification card from any state or a valid passport.Under the Florida Probate Code, a surviving spouse is entitled to a number of benefits and rights from the deceased spouse's estate. Applicant must submit evidence the death certificate has been recorded in the public record along with an application. There are rights a surviving spouse has to martial assets and property, even if it is not stated in a will. Learn about surviving spouse rights here. The first requirement is that a certified copy of the death certificate be recorded with the Clerk of Court in the county where the real property is located. How do I fill this out? The first requirement is that a certified copy of the death certificate be recorded with the Clerk of Court in the county where the real property is located. Surviving spouses in Florida may have the right to elect to take a onehalf interest in the decedent's homestead property.