The Short Answer

You can physically draft and submit a quitclaim deed for recording in Florida, but whether a quitclaim deed is the right instrument for an inherited property—especially when the probate happened in North Carolina—depends on how title passed, who has authority to sign, and whether Florida requires an additional probate step to transfer Florida real estate.

Many “do-it-yourself” deeds get rejected for recording or, worse, get recorded but fail to deliver clear, insurable title—creating problems when you later try to sell or refinance.

What Florida Law Says

Florida law recognizes quitclaim deeds and even provides a statutory form, but recording offices also enforce strict formatting and identification requirements. Separately, when property is part of an estate, the person who signs a deed must have legal authority to transfer the estate’s interest (often a personal representative, or the heirs/devisees after title has properly vested).

The Statute

The primary law governing this issue is Fla. Stat. § 689.025.

This statute prescribes the required content for a Florida quitclaim deed, including a proper legal description and a space for the parcel identification number before recording.

In addition, Florida recording rules can prevent a clerk from recording a deed unless it meets specific formatting and identification requirements. See Fla. Stat. § 695.26 (recording requirements for instruments affecting real property).

Finally, recording matters for protecting title against later creditors and purchasers. See Fla. Stat. § 695.01.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to an inherited-property transfer tied to an out-of-state probate is rarely simple. Legal outcomes often depend on:

• Authority to Sign: If the wrong person signs (for example, an heir signs when the estate/personal representative must sign, or vice versa), the deed may not transfer the interest you think it does—creating a title defect.
• Recording Acceptance vs. Clear Title: A clerk may record a deed that later fails title underwriting. Florida’s recording requirements (like the printed names/addresses and reserved recording margins) can also cause rejection at the counter. See Fla. Stat. § 695.26.
• Multi-State Probate Issues: A North Carolina probate does not automatically fix Florida title issues if the real estate is located in Florida. The correct solution may involve additional probate-related authority before any deed is signed.
• Future Sale/Refinance Risk: Even a “successful” DIY recording can surface later as a problem when a buyer’s title company or lender reviews the chain of title.

Because inherited real estate transfers can permanently affect ownership rights and marketability of title, it’s usually worth having a Florida probate attorney confirm the correct transfer path and prepare the deed package so it holds up later.

If you want more background reading, you may also find these helpful: Will a Quitclaim Deed Work to Satisfy a Mortgage Lender for Inherited Property 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.