Required Documents

•  Heirs Affidavit
•  Heirs Provision Application

General Requirements for Heirs Provision

The Heir’s Exemption is intended to allow transfer of land for the use of the heir to construct his or her permanent residence. Building permits and certificates of occupancy may only be issued with the heir specified as the owner of the property. If the property remains vacant, the heir must retain title to the property for a minimum of five years before transfer or sale. The sale of the property prior to that time will cause the cancellation of the property’s heir’s exemption status, and no construction of a dwelling unit will be permitted on the lot unless the lot complies with the density requirements of the Comprehensive Plan. If an heir constructs his or her permanent residence on the property, the heir must reside in the residence for a minimum of two years from the date of the issuance of the Certificate of Occupancy. The sale or lease of the property for occupancy by another party prior to that time will cause the cancellation of the heir’s exemption status and the home will be subject to Section 20.3-11, Nonconforming Uses, Lots and Structures, of the Clay County Land Development Code. In no case, however, will the heir be required to retain title of the lot for more than five years, despite the length of occupancy of the dwelling unit by the heir.

The following types of transfers shall not cause the cancellation of a lot’s heir’s exemption status and shall not subject a home on the lot to Section 20.3-11, Nonconforming Uses Lots and Structures, of the Clay County Land Development Code, regardless of the length of time the property has been retained by the heir:

(1) Transfer of the lot to the heir’s estate upon the death of the heir, either through testate or intestate succession as provided by state law; or

(2) Involuntary transfer of the lot arising out of a judgment or order entered against the heir and rendered by a court of competent jurisdiction; or

(3) Relocation due to an employment or educational opportunity, provided that the relocation would require the heir to move his or her permanent residence, as defined in section 196.012(18), Florida Statutes.

In the event the heir wishes to transfer the lot due to relocation, the heir shall submit an affidavit to the County attesting to the circumstances surrounding the educational or employment opportunity that require the heir to move his or her permanent residence.

A lot shall retain its heir’s exemption status in the event the heir is serving in any branch of the Armed Forces of the United States and, by reason of such service, is unable to reside on the lot.

Within the Agriculture, Agriculture/Residential and Rural Residential land use classifications, a minimum lot size of one acre is required. Within the Rural Fringe, Urban Fringe and Urban Core land use classifications the minimum lot size shall be governed by the underlying zoning and the maximum lot size shall be one acre. Lot width and depth, setbacks, and uses shall be governed by the zoning for the property. The Heir’s Exemption cannot be utilized to bring into conformance lots which do not otherwise qualify for nonconforming lot of record status.

Application Filing Procedures

Step 1: Do I qualify for an Heirs Exemption?

If you checked yes to all proceed to Step 2.

Step 2: Creating the Heirs Lot

If you qualify for the Heirs Provision and meet the minimum requirements, you will need to create the proposed heirs lot. This is done independent of Clay County and can be done by the Grantor of the property or ones attorney. You will need to do the following:

• Have the proposed heir’s lot surveyed and create a legal description. This will be done by a State of Florida Registered Professional Land Surveyor and at the expense of the applicant. The lot will need to meet the minimum standards as outlined within the current zoning district, i.e. lot width, length, area, etc.
• Create or have your legal counsel create an unexecuted proposed deed for the new heir’s lot.
• Ensure that the lot will have legal access to a public or privately maintained road. If the new lot does not front an existing road, a easement for ingress and egress will need to be provided having a minimum width of 30’ and should be noted in the deed and survey.

Step 3: Applying for the Heirs Exemption

Once your Heirs lot has been created, you will then need to apply for the Heirs Exemption with Clay County. The application may be obtained at:

Clay County Planning and Zoning Division
477 Houston Street 3rd Floor
Green Cove Springs, FL 32043

Or download the application and affidavit above.

If you prefer, contact the Planning and Zoning Division office at (904) 278-4705 and arrangements can be made to mail the application to you.

The application will consist of three items, the application, the Heirs affidavit, and the Grantors property ownership affidavit.

Application: The applicant will complete all section except for official use. This will include Grantor and Grantee information, parent parcel information; Heirs parcel information and an acknowledgement by the Grantor.

Property Ownership Affidavit: This is an affidavit from the Grantor that acknowledges they own the parent parcel of land.

Heirs Affidavit: This is an affidavit by the Heir that states they understand the restrictions placed on Heirs lots. This affidavit is recorded after the Heirs application is approved at the Clay County Clerk of the Circuit Courts office located at:

825 North Orange Avenue
Green Cove Springs, FL 32043

Step 4. Filing the Application

Once you have filled out the application you are now ready to file the application with Clay County. Applications can be filed in person at:

Clay County Planning and Zoning Division
477 Houston Street 3rd Floor
Green Cove Springs, FL 32043