The Short Answer

In Florida, you usually cannot “just transfer” title to real estate after someone dies without using a probate process (or confirming a non-probate transfer like survivorship or a trust). If the deceased tenant was on title, the clean way to move title is typically through summary administration (if eligible) or another probate proceeding that results in a court order establishing who is entitled to the property.

What Florida Law Says

Florida treats the transfer of a deceased person’s Florida real property as a Florida-law issue, and title generally needs a legally recognized basis to change in the public records (for example, a survivorship deed, a trust, or a probate court order). When there has been no action since the death, the key legal question is: who has the legal right to receive the property (heirs under intestacy or beneficiaries under a will), and what probate method applies.

The Statute

The primary law that often allows families to transfer assets (including real property) without a full formal probate is Fla. Stat. § 735.201.

This statute establishes that summary administration may be available when the Florida estate (excluding exempt property) is under $75,000 or when the decedent has been dead for more than 2 years—often making it the most practical path to obtain a court order that can be recorded to clear title.

Also, if there is a will, Florida law provides that a will is generally ineffective to prove title until it is admitted to probate. See Fla. Stat. § 733.103.

Why You Should Speak with an Attorney

Even when summary administration is available, applying the law to a specific property is rarely simple—especially when “no one has taken ownership” for a while. Outcomes often depend on:

• Strict time-related consequences: Summary administration eligibility can turn on whether the decedent has been dead more than 2 years under Fla. Stat. § 735.201, and creditor issues can change significantly over time.
• Burden of proof and title defects: You may need evidence of death, proof of heirs/beneficiaries, and proof of how the property was titled (sole ownership vs. joint ownership vs. trust). A mistake can create a cloud on title that blocks a sale or refinance.
• Exceptions and special property rules: Florida homestead and survivorship ownership can change who inherits and what paperwork is required. If the deceased was only a tenant (not an owner), then probate may not be the right tool at all—your rights may depend on the lease, the landlord’s title, and whether the decedent left an estate with authority to act.

Trying to handle this alone can lead to an invalid transfer, future heir claims, or a title company refusing to insure the transaction.

If you want more background reading, see: How Can I Update a Property Deed After My Spouse Dies in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.