The Short Answer

Usually, a quitclaim deed by itself does not satisfy a mortgage company’s “proof of ownership” requirements for inherited Florida property—especially when the estate is still open and creditor issues remain. In most cases, the lender is looking for probate authority (or a court order) showing you are legally entitled to act with respect to the property, not just a recorded deed.

What Florida Law Says

In Florida, when someone dies without a will, their property passes to heirs under the intestacy statutes, and the decedent’s death is the event that vests the heirs’ rights. However, even when heirs ultimately inherit, the estate administration (including creditor issues) can affect what should be recorded, when it should be recorded, and who has authority to sign documents affecting title.

The Statute

The primary law governing this issue is Fla. Stat. § 732.101.

This statute establishes that any part of a decedent’s estate not disposed of by a will passes to the decedent’s heirs, and that the decedent’s death is the event that vests the heirs’ right to intestate property.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—particularly where there is an open probate, a mortgage, and unresolved creditor claims. Legal outcomes often depend on:

• Strict Deadlines: Florida creditor-claim deadlines can be short, and missing them can change leverage and options. For example, many claims must be filed within the later of 3 months after first publication of notice to creditors (or 30 days after service for certain creditors). See Fla. Stat. § 733.702.
• Burden of Proof: Mortgage servicers often require probate documentation (e.g., letters of administration, an order determining heirs, or other court authority) to confirm who can receive information, negotiate, or modify/assume a loan. A quitclaim deed can raise “chain of title” questions if it doesn’t match the probate posture.
• Exceptions: Even if creditor claims are time-barred, Florida law generally preserves a lender’s ability to enforce a recorded mortgage lien. See Fla. Stat. § 733.702(4) (mortgage/lien enforcement not prevented) and Fla. Stat. § 733.710(3) (recorded mortgage lien/foreclosure rights not affected by the 2-year claims bar).

In your fact pattern—intestate death, an open estate, a rejected final accounting, and at least one unresolved creditor claim—recording a quitclaim deed too early can create avoidable title and administration problems. A Florida probate attorney can coordinate the probate paperwork with what the lender actually requires, and help you avoid missteps that delay closing the estate or complicate refinancing, sale, or future title insurance.

For more background, you may also find this helpful: Why isn’t an inherited house a probate asset in Florida, and can I pay the mortgage without the administrator?

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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.