How can I obtain an heir affidavit or successor interest document to satisfy my mortgage lender? - Florida

The Short Answer

In Florida, there usually is not a single “heir affidavit” that automatically transfers a deceased owner’s mortgaged home or forces a lender to recognize you as the borrower. When a lender asks for a “successor interest” or “heir” document, they typically want court-recognized proof of who inherited the property (and sometimes authority to deal with estate-related issues), which often means a Florida probate court order—commonly through summary administration if the estate qualifies.

What Florida Law Says

Because your facts involve an intestate death (no will) and a mortgaged home, the key issue is proving legal authority and the chain of title. Florida has streamlined probate options in certain cases, but the correct route depends on what assets exist, how long it has been since death, whether the home is homestead, and what the lender will accept as proof of successor status.

If the decedent has been deceased for more than two years (as you indicated), Florida law may allow summary administration in many situations, which can result in a court order that helps establish who receives the property and supports title transfer and lender review.

The Statute

The primary law governing this issue is Fla. Stat. § 735.201.

This statute establishes that summary administration may be available when the estate is below a statutory value threshold or when the decedent has been dead for more than 2 years—often making it the practical way to obtain a court order that lenders and title companies recognize.

Florida also has a procedure called “disposition without administration,” but it is limited to certain personal property situations and generally does not solve a mortgaged real estate title transfer problem by itself. See Fla. Stat. § 735.301.

Why You Should Speak with an Attorney

Even when you are the sole heir, lenders and title insurers usually require very specific proof. While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

Strict Deadlines: Summary administration is often used when the decedent has been dead for more than 2 years, and that timing can affect creditor issues and what the court will require. See Fla. Stat. § 735.201.
Burden of Proof: You typically must prove the family relationship(s), the absence of a will (or that no valid will controls), and that you are entitled to inherit under Florida intestacy rules—plus provide documentation the lender will accept.
Exceptions: Issues like homestead status, missing heirs, prior liens, insurance proceeds, or creditor claims can change what probate path is appropriate and what order you need for title and mortgage servicing.

Trying to handle this alone can lead to a rejected lender package, a clouded title, or delays that put the property at risk. A Florida probate attorney can evaluate whether summary administration is the right fit, identify the specific court orders and supporting evidence needed, and coordinate with the lender’s “successor in interest” requirements.

Get Connected with a Florida Attorney

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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.