The Short Answer

In Florida, the strongest “proof” of ownership after a death is usually a probate court order that distributes the real property (or determines who is entitled to it) plus the recorded land records showing title and any liens. If probate closed without properly addressing a recorded SBA lien or clearly distributing the full interest, you may need court action to clarify title and unwind or challenge improper transfers.

What Florida Law Says

When an estate is administered through summary administration, the court can enter an order that assigns estate assets to the people entitled to them. That order is often the key document heirs use to show they have the legal right to receive the property and to enforce that right—especially when a lender, title company, or third party disputes ownership.

The Statute

The primary law governing this issue is Fla. Stat. § 735.206.

This statute explains that an order of summary administration and distribution entitles the recipients to receive the parts assigned to them and to maintain actions to enforce that right, while also addressing how creditor issues can continue to affect non-exempt property.

In a fact pattern like yours—where probate closed, a recorded SBA lien exists, and there are allegations that the executor shifted lien-related rights to a non-heir—ownership proof commonly comes from a combination of: (1) the probate court’s distribution documents, (2) the official deed/record title history, and (3) lien and loan records showing what encumbers the property and who has authority to deal with it.

If creditor notice and claim timing is part of the dispute, Florida’s creditor-notice framework can matter. For example, Florida requires notice to creditors and sets claim deadlines in many estates. See, e.g., Fla. Stat. § 733.2121 (notice to creditors) and Fla. Stat. § 733.702 (limitations on presentation of claims).

For additional background, you may find these helpful: How do I figure out my inheritance rights to a family property in Florida? and How are creditor claims handled in a Florida estate?.

Why You Should Speak with an Attorney

What counts as “enough evidence” depends on whether you’re trying to satisfy a title company, stop a foreclosure, challenge an executor’s actions, or correct a closed probate file. In your situation, the risk is that you have been paying on a debt tied to the property while record title and lien authority may not match what you’ve been told.

Legal outcomes often depend on:

• Strict Deadlines: Creditor claim timing and bar dates can affect what can be enforced against the estate versus against the property or heirs. Florida’s creditor framework includes notice requirements and claim deadlines. See Fla. Stat. § 733.2121 and § 733.702.
• Burden of Proof: If you’re alleging an improper transfer to a non-heir (or a cloud on title), you typically need clean documentation: the probate pleadings/orders, the recorded deed chain, the SBA loan and lien instruments, and proof of who had authority to act for the estate.
• Exceptions and Title “Clouds”: Even if a probate order distributed property, liens can survive and title can still be clouded by incorrect deeds, missing personal representative deeds, or disputed authority—especially when a federal lender or servicer is involved.

Trying to handle this alone can lead to paying the wrong party, triggering default/foreclosure issues, or discovering later that you cannot sell/refinance because the title is not legally marketable.

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 review the probate file, the deed chain, and the SBA lien documents and advise what legal options exist to confirm ownership and clear title.

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.