The Short Answer

In Florida, you typically cannot “just change the deed” based on the will alone. In most cases, you update record title by recording a probate-related document (often a personal representative’s deed or a court order from the probate case) that meets Florida’s recording requirements.

Exactly which documents you need depends on whether the estate is handled through formal administration, summary administration, or a homestead determination.

What Florida Law Says

Florida clerks generally will not record an instrument affecting real property unless it satisfies specific formatting and identification requirements (printed names/addresses, witness/notary identification, reserved recording space, etc.). That means even when the will clearly leaves you the property, the document you record to update title must be prepared and executed in a recordable form.

The Statute

The primary law governing recordability requirements is Fla. Stat. § 695.26.

This statute establishes that an instrument affecting title generally must include specific printed identifying information (for signers, witnesses, preparer, notary, and grantees) and reserved space for the clerk, or the clerk may refuse to record it.

Also, Florida law recognizes that a will can affect title to real property once it is probated and recorded, which is one reason probate documentation matters for clearing title. See Fla. Stat. § 95.231.

Why You Should Speak with an Attorney

Even when you have a valid will, the “right” paperwork to update the deed depends on how the property passes and what the probate court has (or has not) entered. Legal outcomes often depend on:

• Strict Deadlines: Some probate-related rights and strategies are time-sensitive, and delays can create title problems that surface later during a sale or refinance.
• Burden of Proof: Title companies and clerks often require clean, recordable documentation showing the chain of authority (for example, proof of the personal representative’s authority or a court order identifying who takes the property).
• Exceptions: Florida homestead rules can change who receives the property and in what form of ownership, even when there is a will—often requiring a probate court order determining homestead before title is truly marketable.

Because a deed recorded incorrectly (or based on the wrong probate pathway) can cloud title, trigger future litigation among heirs, or derail a closing, it is usually worth having a Florida probate attorney handle the title-transfer documentation.

If you want more background, you may also find helpful: How Do I Transfer Title to Inherited Real Estate After Probate in Florida? and Small Estate vs. Full Probate in Florida: What’s the Difference When You Inherit Assets?.

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.