The Short Answer

In Florida, a fraudulent deed (including a non-warranty deed) is typically challenged through a court action that asks the judge to quiet title and restore ownership to the rightful owner (often the estate or heirs). If the property belonged to a decedent, the personal representative may also have authority to bring an action to determine title as part of the probate administration.

What Florida Law Says

Florida recognizes a specific quiet title remedy when someone alleges a fraudulent attempted conveyance of land. If the court finds the conveyance was fraudulent, the court can quiet title back to the plaintiff with the same rights they had before the attempted transfer. In an estate context, Florida law also gives the personal representative broad authority to protect estate assets and bring lawsuits to recover property or determine title when needed for administration.

The Statute

The primary law governing a quiet title claim based on a fraudulent attempted conveyance is Fla. Stat. a7 65.091.

This statute establishes that a person with legal title can bring an action to quiet title based on a fraudulent attempted conveyance, and if the court determines fraud occurred, it must quiet title back to the plaintiff.

In probate, the personal representatives authority to protect and recover estate property is addressed in Fla. Stat. a7 733.607, which states the personal representative may take steps reasonably necessary to manage and preserve the estate and may maintain an action to recover possession of property or determine title.

Why You Should Speak with an Attorney

While the statutes provide the general remedy, applying them to a specific deed dispute is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida has recording-based limitation rules that can affect deed challenges. For example, Fla. Stat. a7 95.231 can validate certain recorded instruments over time (with important carve-outs, including fraud), and timing can still impact available remedies.
• Burden of Proof: Fraud is fact-intensive. Deed cases often turn on evidence like signatures, notarization, witness issues, capacity, undue influence, and whether a third party qualifies as a protected purchaser.
• Exceptions and Probate Overlap: Whether the claim should be brought in the probate case, as a separate civil quiet title action, or both can depend on who currently holds title, whether the property is homestead, and whether the personal representative needs possession/control for administration under Fla. Stat. a7 733.607.

Trying to handle this alone can lead to avoidable mistakesincluding suing the wrong parties, missing a deadline, or failing to obtain the court orders needed to clear title so the estate can sell or distribute the property.

If you want more background reading, see: Can You Void a Fraudulent Deed or Recover Damages in Florida? and How Do Unrecorded or Unsigned Deeds Affect Property Administration in Florida Probate?.

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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.