The Short Answer

In Florida, you generally cannot “just change the deed” into your name after someone dies unless you have legal authority to transfer title (for example, through a probated will, a court order, or a valid non-probate transfer). If the property is part of an estate, the will must be admitted to probate (or the estate otherwise administered) before it can be used to establish or transfer title.

What Florida Law Says

Florida law treats real estate title after death as a legal issue that often requires probate court involvement, especially when the decedent owned the property in their individual name. If there is a will, it is not effective to prove title to property until it is admitted to probate in Florida (or in the state where the decedent was domiciled). In many cases, the documents that establish who has authority and who receives the property must be recorded in the county’s Official Records to make the chain of title clear for future sales, refinancing, or insurance.

The Statute

The primary law governing this issue is Fla. Stat. § 733.103.

This statute establishes that a will is ineffective to prove title to (or the right to possession of) the decedent’s property until the will is admitted to probate in Florida (or where the decedent was domiciled).

Relatedly, Florida law also requires the clerk to record certain probate documents—such as orders affecting or describing real property and letters of administration—in the county’s Official Records, which is often critical to “clearing” title in practice. See Fla. Stat. § 28.223.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Title disputes and challenges can become harder to fix over time, and Florida has limitation periods that can affect heirs’ claims after a conveyance is recorded (for example, a 7-year limitation in certain heir/devisee conveyance situations). See Fla. Stat. § 95.22.
• Burden of Proof: You may need admissible proof of death, ownership, and legal authority (e.g., personal representative authority, beneficiary determinations, or court orders) to satisfy title insurers, lenders, and the clerk’s recording requirements.
• Exceptions: Whether probate is required can turn on how the property was titled (e.g., survivorship ownership, trust ownership, or other non-probate transfers). If the wrong document is recorded—or the right document is recorded incorrectly—it can create a cloud on title that blocks a sale or refinance.

Trying to handle this alone can lead to recording errors, an incomplete chain of title, or disputes among heirs—problems that are often far more expensive to fix later.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.