A deed may look like a simple document, but changing the title to Florida real estate can have significant consequences involving ownership, probate, homestead rights, creditor protection, mortgages, taxes, trusts, businesses, and inheritance.
A deed that successfully transfers property may still create exactly the wrong result if the ownership structure was not properly planned.
At Gold Legacy Law, PLLC, I assist Florida property owners, families, trustees, businesses, and out-of-state attorneys with deed preparation and real estate transfers throughout Florida. Our deed practice includes transfers involving estate planning, trusts, LLCs, family transactions, divorce, investment property, vacation property, and timeshares.
Below are answers to 50 frequently asked questions about Florida deeds and deed preparation.
Florida Deed Basics
1. What is a deed in Florida?
A deed is a legal instrument used to transfer an ownership interest in real estate from one person or entity to another.
The person transferring the property is generally called the grantor, while the person or entity receiving the interest is the grantee.
2. What information is generally included in a Florida deed?
A deed typically identifies the grantor and grantee, describes the property being transferred, identifies the type of conveyance being made, contains the appropriate execution provisions, and includes the property's legal description.
Florida recording law also imposes specific requirements concerning names, addresses, witnesses, preparation information, and other information on recordable instruments.
3. Is the property address enough for a Florida deed?
No.
The street address and the legal description serve different purposes. Florida's statutory quitclaim deed requirements specifically require the legal description, and a parcel identification number does not substitute for it.
4. Does a Florida deed need witnesses?
Generally, yes. Florida Statute § 689.01 requires a conveyance of real estate to be signed in the presence of two subscribing witnesses, subject to statutory exceptions. Florida law also recognizes qualifying electronic witnessing procedures.
5. Does a Florida deed need to be notarized?
A deed intended for recording generally requires a proper acknowledgment or other compliance with Florida's recording requirements. Notarization and witnessing are different requirements, which is one reason execution mistakes can cause recording or title problems.
6. Does a Florida deed have to be recorded?
Recording is extremely important.
Florida's recording statute generally provides that an unrecorded conveyance is not effective against certain creditors or subsequent purchasers for value without notice. Recording places the transaction into the county's official public records.
7. Where is a Florida deed recorded?
A deed is generally recorded in the official records of the county where the real property is located.
A deed involving property in Broward County, for example, would ordinarily be recorded in Broward County rather than in the county where the owner happens to live.
Types of Florida Deeds
8. What is a quitclaim deed in Florida?
A quitclaim deed transfers whatever right, title, or interest the grantor has in the property without making the same title warranties associated with a warranty deed.
Florida now has a statutorily prescribed form for quitclaim deeds in § 689.025.
9. Does a quitclaim deed mean the property has clear title?
No.
A quitclaim deed does not establish that the grantor has good or marketable title. It generally transfers whatever interest the grantor actually possesses.
The Florida Bar specifically notes that quitclaim deeds do not offer the title warranties associated with warranty deeds.
10. What is a warranty deed in Florida?
A warranty deed transfers real property with warranties concerning title.
Florida law prescribes a statutory form for warranty deeds, and the warranties associated with a general warranty deed are broader than those generally provided by a special warranty deed.
11. What is the difference between a warranty deed and a quitclaim deed?
The primary difference involves the promises the grantor makes about title.
A warranty deed provides title warranties. A quitclaim deed generally transfers only whatever interest the grantor has without those warranties.
12. What is a special warranty deed?
A special warranty deed generally provides more limited title warranties than a general warranty deed.
As the Florida Bar explains, a general warranty deed generally protects against title issues arising both before and during the seller's ownership, while a special warranty deed generally limits the seller's warranty to title issues arising during that seller's period of ownership.
13. Which type of deed should I use?
That depends on why the property is being transferred.
A sale to an unrelated purchaser, a transfer into a living trust, adding a spouse, removing a former spouse, transferring a rental property to an LLC, and estate planning for children can all call for different planning considerations.
The deed should follow the transaction—not the other way around.
Quitclaim Deeds
14. When are quitclaim deeds commonly used?
Quitclaim deeds are often used in transactions where title warranties are not the primary issue, including some transfers between family members, spouses, former spouses, trusts, or related entities.
Gold Legacy Law also prepares quitclaim deeds in appropriate family and divorce-related transfers.
15. Can I use a quitclaim deed to add my spouse to my Florida home?
Potentially, yes.
Florida law permits direct conveyances between spouses and specifically addresses the creation of tenancy-by-the-entirety ownership through a conveyance to both spouses.
The deed should be drafted to create the form of ownership actually intended.
Warning: This can impact your title insurance and should only be done after consulting an attorney.
16. Can I use a quitclaim deed to remove my former spouse?
Potentially, but a divorce judgment alone should not be confused with actually completing the real estate transfer.
A deed may be needed to place record title in the appropriate person's name. Mortgage obligations also require separate consideration because transferring title does not necessarily remove someone from a loan.
17. Does signing a quitclaim deed remove me from the mortgage?
No.
Title and mortgage liability are separate issues.
A deed can transfer an ownership interest without releasing a borrower from personal liability under a mortgage or promissory note. A lender generally must address any release, refinance, or assumption of the debt.
18. Can I prepare my own quitclaim deed?
You can find deed forms online, but the larger issue is determining what the deed actually accomplishes.
A deed can be technically recordable while creating an unintended ownership arrangement, homestead problem, tax issue, probate problem, or loss of control.
Adding Family Members to a Deed
19. Can I add my adult child to my Florida deed?
Yes, but doing so gives the child a present ownership interest rather than simply naming the child to inherit after your death.
That can affect your control over the property and expose the child's interest to the child's financial or legal problems.
Related Gold Legacy Law article: Should I Add My Adult Child to the Deed? Florida Risks and Alternatives
20. Will adding my child to the deed avoid probate?
It may affect how the property passes at death depending on the ownership created, but simply adding a child to title is not always the best probate-avoidance strategy.
You may be giving away a current ownership interest when your real goal is simply to provide for the child after death.
21. What can go wrong if I add my child to the deed?
Potential concerns include loss of sole control, the child's creditors, bankruptcy or divorce issues, disagreements about selling or refinancing, tax consequences, and family disputes.
A Lady Bird deed or properly funded revocable trust may sometimes accomplish the estate-planning objective without creating immediate co-ownership.
22. Can I take my child back off the deed later?
Not necessarily by yourself.
Once another person becomes an owner, you generally cannot simply erase that person's ownership. A new conveyance may require that owner to voluntarily transfer the interest back.
That is why the consequences should be considered before the original deed is signed.
Lady Bird Deeds
23. What is a Lady Bird deed in Florida?
A Lady Bird deed, also called an enhanced life estate deed, is an estate-planning deed commonly used in Florida that allows the owner to retain substantial control during life while providing for the property to pass to designated remainder beneficiaries at death.
24. Does a Lady Bird deed avoid probate?
When properly prepared and effective, a Lady Bird deed can allow the covered Florida real estate to pass to the designated remainder beneficiaries without traditional probate administration for that property.
25. Can I sell my property after signing a Lady Bird deed?
A properly structured enhanced life estate deed is designed to preserve extensive powers in the owner during lifetime, including the ability to deal with the property without treating the remainder beneficiaries like ordinary present co-owners.
26. Is a Lady Bird deed the same as a Transfer-on-Death deed?
No.
Florida has not adopted a traditional real-property Transfer-on-Death deed statute. Lady Bird deeds are used in Florida to accomplish some similar estate-planning goals through a different structure.
Read more: Florida Transfer-on-Death Deed — Is It Allowed? Understanding Lady Bird Deeds in Florida
27. Should I use a Lady Bird deed or a revocable living trust?
It depends on your estate.
A Lady Bird deed may work well when the primary planning issue is a particular piece of Florida real estate. A trust can address much more than one property, including investments, businesses, incapacity planning, beneficiary trusts, and other assets.
Related article: Should You Use a Lady Bird Deed or a Trust in Florida?
28. Does a Lady Bird deed protect my property from creditors?
The deed itself should not be viewed as a stand-alone asset-protection device.
If the property qualifies as Florida homestead, important creditor protection may arise from Florida homestead law, not simply from the Lady Bird deed.
Read more: Does a Lady Bird Deed Protect Against Creditors in Florida?
29. Can I name more than one beneficiary on a Lady Bird deed?
Potentially, but the planning becomes more important as the number of beneficiaries increases.
Leaving a house to several children can create future co-ownership issues involving occupancy, repairs, expenses, rentals, and whether the property should be sold.
Deeding Property Into a Trust
30. Do I need a deed to put Florida real estate into my revocable trust?
Yes. Creating a revocable trust does not automatically transfer real estate into it.
A deed is generally used to transfer title from the individual owner to the appropriate trustee of the trust.
Read more: How Do You Fund Your Revocable Living Trust?
31. Does signing a trust automatically put my house into the trust?
No.
This is one of the most common misunderstandings I encounter in estate planning. The trust document creates the trust, but separately titled property generally must be properly transferred.
32. Does the entire trust have to be recorded with the deed?
Generally, the private trust agreement itself does not need to become part of the public records merely because real estate is transferred to a trustee.
The deed can identify the trustee and trust relationship appropriately without necessarily publishing the complete terms of the trust.
33. Can transferring my house to my revocable trust help avoid probate?
Yes, when the transfer is properly structured.
Property actually owned by the revocable trust at death can generally be administered through the trust rather than through probate solely to transfer that property.
34. Can I put Florida homestead into a revocable trust?
Often, yes, but Florida homestead requires careful planning.
Homestead involves creditor protection, tax benefits, spousal rights, and restrictions affecting disposition at death. The deed and trust should therefore be coordinated rather than prepared independently.
Florida Homestead and Married Property Owners
35. Does my spouse need to sign a deed for my Florida homestead?
Florida's homestead rules can require spousal joinder even when only one spouse appears as the record owner.
Florida law specifically recognizes that the joinder requirement for married homestead property is not eliminated merely because a power of attorney is used.
36. Can I deed my Florida homestead to someone else without my spouse?
This can present a serious problem.
Florida homestead has constitutional restrictions protecting spouses, and a deed should not be prepared based only on whose name appears on the prior deed.
37. Can one spouse deed property directly to the other spouse?
Yes. Florida Statute § 689.11 expressly recognizes direct conveyances from one spouse to the other.
38. Can a deed create tenancy by the entirety?
Yes, under appropriate circumstances.
Florida law allows an estate by the entirety to be created through a deed involving spouses. The wording and circumstances matter.
39. What is tenancy by the entirety?
Tenancy by the entirety is a special form of ownership available to married couples in Florida.
It can have important consequences involving survivorship and creditor protection, so whether property should be titled this way should be considered as part of broader estate and asset-protection planning.
LLCs, Investment Property and Land Trusts
40. Can I deed my rental property into an LLC?
Yes, in appropriate circumstances.
Transferring Florida investment property into an LLC may be part of a liability-management or asset-protection strategy, but the transfer should be coordinated with the mortgage, insurance, taxes, operating agreement, and estate plan.
Gold Legacy Law prepares deeds transferring Florida investment property into LLCs and other business entities.
41. Should my primary residence be deeded to an LLC?
Usually, this deserves much more caution than placing investment property into an LLC.
A primary residence can involve Florida homestead, property taxes, mortgage provisions, insurance, and estate-planning considerations that differ substantially from rental property.
42. Can Florida property be deeded into a land trust?
Yes.
Florida has a specific Land Trust Act, and deeds may place title with a land trustee under an appropriate structure.
Related article: Most Common Uses of Florida Land Trusts and Their Alternatives
43. Does a land trust automatically provide asset protection?
No.
A land trust is commonly used for title holding and privacy, but that does not automatically create the liability protection of a properly structured LLC.
Depending on the circumstances, some investors combine a land trust with an LLC ownership structure.
Recording, Taxes and Deed Errors
44. Is documentary stamp tax due when I record a Florida deed?
Sometimes.
Florida imposes documentary stamp tax on deeds and other instruments transferring interests in real property. The tax is generally based on consideration, and Florida law defines consideration to include certain mortgages or other encumbrances. Exemptions or different rules may apply depending on the transaction.
A transfer for little or no cash can therefore still require tax analysis when a mortgage exists.
45. Does transferring property to my trust create documentary stamp tax?
It depends on the transaction, ownership, consideration, debt on the property, and potentially applicable exemptions.
This is one reason the tax consequences should be reviewed before—not after—the deed is recorded.
46. Can a deed be corrected after it is recorded?
Sometimes.
The proper solution depends on the problem. Florida law recognizes a statutory curative procedure for certain scrivener's errors, while other defects may require a corrective deed, new conveyance, court proceeding, or other title remedy. Florida Statutes Chapter 689 expressly includes a curative procedure for scrivener's errors in deeds.
47. What happens if the legal description on the deed is wrong?
A defective legal description can create a serious title issue because the deed may fail to describe accurately what was intended to be conveyed.
Do not assume that the property address or tax parcel number automatically fixes a defective legal description.
48. Can I just copy the legal description from the property appraiser's website?
That can be risky.
The safest starting point is generally the property's prior recorded deed or another reliable title source. Property appraiser information is useful for identifying property, but the legal description used for the conveyance should be carefully confirmed.
Out-of-State Property Owners and Attorneys
49. Can a Florida attorney prepare a deed for someone who lives in another state?
Yes.
The property owner's residence does not prevent a Florida attorney from preparing a deed involving Florida real estate.
Gold Legacy Law specifically assists out-of-state attorneys and their clients with Florida transfers involving vacation homes, rental property, trusts, divorce, investment entities, and timeshares.
For attorneys outside Florida, we can handle the Florida-specific deed portion while allowing you to continue managing the client's underlying matter.
Florida Deed Preparation Services for Out-of-State Attorneys
50. Should I hire a Florida attorney to prepare my deed?
A deed does more than change a name on the public records.
It can determine who owns the property, whether survivorship exists, whether probate may be required, whether someone has given away a current ownership interest, whether a spouse has rights in the property, whether an LLC or trust owns the asset, and whether the transfer creates tax or title issues.
An attorney can first determine what ownership result you are trying to accomplish and then prepare the deed to implement that plan.
That is particularly important for transfers involving homestead property, trusts, Lady Bird deeds, LLCs, family members, marriages, divorces, estates, or multiple beneficiaries.
Need a Florida Deed Prepared?
At Gold Legacy Law, PLLC, I help clients with deed preparation as part of a broader approach to estate planning, real estate ownership, asset protection, probate avoidance, and business planning.
Our deed services include quitclaim deeds, warranty deeds, special warranty deeds, Lady Bird deeds, trust transfer deeds, LLC and corporate transfers, family transfers, divorce-related deeds, timeshare deeds, and deeds for Florida property owners who live outside the state.
We also work directly with out-of-state estate planning, probate, family law, and business attorneys whose clients own Florida real estate but need Florida counsel to prepare and record the appropriate deed.
Our firm serves clients involving property throughout Miami Lakes, Miami-Dade County, Broward County, Palm Beach County, and throughout Florida.
The goal is not simply to prepare a document that can be recorded. It is to make sure the deed actually accomplishes what the client intended without unnecessarily creating a future probate, title, estate-planning, or ownership problem.
Contact Gold Legacy Law, PLLC to discuss a Florida deed or real estate transfer.