The Short Answer

In Florida probate, an unrecorded or unsigned deed can create serious title problems that may prevent the personal representative (and later the beneficiaries) from clearly proving who owns the real estate. Even if a will leaves the property to someone, Florida law generally requires the will to be admitted to probate before it is effective to prove title or the right to possession.

What Florida Law Says

When real estate ownership is unclear because a deed was never properly executed (for example, not signed) or never recorded, the estate may not be able to treat the property as clearly belonging to the decedent or clearly transferred out of the decedent’s name. That can delay administration, complicate a sale or refinance, and trigger disputes among heirs, beneficiaries, or third parties claiming an interest.

The Statute

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

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

Why You Should Speak with an Attorney

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

• Strict Deadlines: Florida has “curative” and limitation rules tied to recording and probate that can cut off or validate certain claims over time, depending on what was recorded and when (for example, time periods addressed in Fla. Stat. § 95.231 and Fla. Stat. § 95.22).
• Burden of Proof: If a deed is unsigned or otherwise defective, proving a valid transfer (or proving the property remained in the decedent’s estate) can require strong documentation and testimony, especially if someone is already in possession or relying on the deed.
• Exceptions: Whether an unrecorded deed is enforceable between certain parties, whether later recordings “cure” defects, and how probate orders affect title can turn on facts that are not obvious from the paperwork alone. Probate recordation rules can also matter for real-property-related orders (see Fla. Stat. § 28.223).

Trying to handle this alone can lead to avoidable delays, clouded title that blocks a sale, or litigation among family members and third parties.

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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.