The Short Answer

In Florida, transferring title to inherited real estate after probate usually requires a proper distribution from the estate—often documented by an instrument signed by the personal representative (executor) and then recorded in the county where the property is located. Even when the will has been admitted to probate, title issues can still arise depending on whether the property is homestead, whether there are multiple beneficiaries, and whether the personal representative has authority to act without a court order.

What Florida Law Says

Florida’s Probate Code generally authorizes the personal representative to settle the estate and distribute assets efficiently, and it recognizes that a beneficiary’s title is established when they receive an instrument transferring the asset in kind. In other words, the legal “handoff” of real property from the estate to the beneficiary is typically documented through estate administration and a formal transfer instrument, not just by having a probated will on file.

The Statute

The primary law governing this issue is Fla. Stat. § 733.811.

This statute establishes that when a distributee receives an instrument transferring assets in kind (or possession of specific property) from a fiduciary, the distributee succeeds to the estate’s interest in that asset against all persons interested in the estate (subject to potential clawback if the distribution was improper).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Timing can matter for elections and rights tied to the decedent’s real property (for example, homestead-related rights can have time-sensitive components depending on the family situation).
• Burden of Proof: You may need clear documentation showing the estate’s authority to transfer and the correct legal description/ownership interest—especially if a title company is involved or a sale/refinance is planned.
• Exceptions: Florida homestead rules and multi-beneficiary ownership issues can change whether the personal representative can (or should) transfer title, and whether court involvement is needed. If multiple beneficiaries inherit undivided interests, disputes can lead to court proceedings to resolve how the property is divided or sold. See, e.g., Fla. Stat. § 733.814.

Trying to handle this alone can lead to a defective transfer, title defects that block a future sale, or disputes among heirs that delay closing the estate.

If you want more background, you may also find these helpful: Can a Florida executor (personal representative) sell estate real estate without court approval? and Can I transfer property title after a death when no one has taken ownership 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.