Types of Deeds in Florida: A Complete Guide for Property Owners

Understanding the types of deeds in Florida is essential for anyone dealing with real estate, estate planning, or probate administration.

Each deed serves a different legal purpose, and choosing the wrong one can have serious and permanent consequences.

If you are involved in Florida real estate, whether you are inheriting a family home, transferring property to a trust, or buying your first investment property, the single most important document you will touch is the deed.

However, not all deeds are created equal. In fact, using the wrong type of deed Florida law recognizes can result in “clouds on title,” expensive litigation, or the unintentional disinheritance of your loved ones.

As a Florida Probate Lawyer, I often see clients who believe they own a property “free and clear,” only to discover that a hastily drafted quitclaim deed from ten years ago failed to validly transfer the title.

This guide will walk you through the different types of deeds, explain the legal nuances of fee simple ownership, and help you navigate Florida real estate transactions with confidence.

Understanding the Types of Deeds in Florida and Property Ownership

What Is a Deed in Florida Real Estate?

In the world of Florida real estate, a deed is more than just a piece of paper; it is the legal instrument that conveys ownership rights from one party (the Grantor) to another (the Grantee).

It is the vehicle of transfer. Without a valid, properly recorded deed, there is no official change in ownership.

Florida law recognizes several types of deeds in Florida, each designed to allocate risk, warranties, and responsibility differently between the parties.

Common examples include warranty deeds, special warranty deeds, quitclaim deeds, and enhanced life estate deeds (Lady Bird deeds).

While the concept seems simple, the complexity lies in the promises—or warranties—contained within that document. Deeds in Florida are categorized by the level of protection they offer the buyer and the level of liability they impose on the seller.

Why the Correct Type of Deed Florida Requires Matters

Choosing the right type of deed Florida statutes allow is critical because it dictates your future liability.

For Sellers/Grantors: The wrong deed could keep you on the hook for legal issues regarding the property decades after you’ve sold it.
For Buyers/Grantees: The wrong deed could leave you with a property that has hidden liens, unpaid taxes, or ownership claims from long-lost relatives.

In probate and estate planning, the stakes are even higher. A mistake here doesn’t just cost money; it can tie up an estate in court for years.

Who Needs to Understand Different Types of Deeds?

This knowledge isn’t just for lawyers. You need to understand these concepts if:

You are the Personal Representative of an estate managing Florida real estate transactions.
You are a beneficiary inheriting a home.
You are a parent looking to transfer a homestead to your children to avoid probate.
You are a business owner moving properties into an LLC.

Exploring the Major Deed Categories

When we discuss deeds in Florida, we are generally looking at a spectrum of risk. Below, we break down the specific options available to you.

Florida law recognizes several types of deeds in Florida, each offering a different level of title protection and legal assurance.

These include warranty deeds, special warranty deeds, quitclaim deeds, and enhanced life estate deeds, commonly known as Lady Bird deeds.

General Warranty Deed

The General Warranty Deed is widely considered the “Gold Standard” of property transfer in Florida.

When to Use a General Warranty Deed

This deed is almost exclusively used in standard residential sales (like buying a home on the MLS). If you are buying a house from a stranger, you should insist on a General Warranty Deed. Conversely, if you are selling a home for full market value, the buyer’s title insurance company will likely require you to sign one.

Why It Offers Maximum Protection

A General Warranty Deed guarantees the title against all defects in the property’s history—not just the ones that happened while you owned it. By signing this, the seller makes five specific legal covenants (promises):

Seisin: They own the property.
Right to Convey: They have the right to sell it.
Against Encumbrances: There are no hidden liens.
Quiet Enjoyment: No one else has a superior claim to the land.
Warranty Forever: They will defend the buyer against future title claims.

Quit Claim Deed

On the opposite end of the spectrum is the quit claim deed. This is the simplest, riskiest, and most misunderstood deed in Florida real estate.

The Function of a Quitclaim Deed

A quitclaim deed contains zero warranties. It essentially says: “I am transferring whatever interest I might have in this property to you. I don’t promise that I own it, and I don’t promise the title is clean.”

If a title defect arises later—for example, if a previous owner had an unpaid mortgage—the recipient (Grantee) has no legal recourse against the person who signed the quit claim deed.

Situations Where a Quitclaim Deed Makes Sense

Despite the lack of protection, these are incredibly common in probate and estate planning for internal transfers where money isn’t changing hands:

Divorce: One spouse “quits” their claim to the house.
Trust Funding: Moving a home from your individual name into your Revocable Trust.
Probate Settlements: Heirs exchanging interests to consolidate ownership.

The Myth of the “Claim Deed”

You may often hear the term claim deed used in casual conversation.

What Is a Claim Deed?

Legally speaking, there is no such thing as a “claim deed” in Florida statutes. This is almost always a mispronunciation of quitclaim deed (or “quit claim”). However, the confusion highlights a vital point: you cannot simply “claim” a deed. Title must be conveyed by the current owner or by a court order. If you see a document titled simply claim deed, it is likely drafted by a non-lawyer and may be legally defective.

Fee Simple Deed

To understand deeds, you must understand the concept of fee simple.

What Does Fee Simple Mean?

Fee simple is the absolute highest form of property ownership recognized by law. It means you own the land, the structures, the air rights, and the mineral rights, forever, with the right to pass it to your heirs.

Using a Fee Simple Deed

Technically, most deeds (including warranty deeds) convey “fee simple” title. However, in specific contexts like foreclosure sales or tax deed sales, you might encounter a document strictly labeled as a Fee Simple Deed.

These deeds convey the full ownership interest but often strip away the warranties found in a General Warranty Deed. They are a middle ground—transferring full rights without the full historic guarantee.

Consideration Stage: Comparing Your Options

When you are preparing for Florida real estate transactions, how do you choose?

Risks and Benefits of Each Deed Type

Deed Type	Seller Liability	Buyer Protection	Best Use Case
General Warranty Deed	High	Maximum	Buying/Selling a home to a third party.
Special Warranty Deed	Medium (Current owner only)	Medium	Commercial real estate; Bank-owned sales.
Fee Simple Deed	Low	Low	Foreclosure sales; Institutional transfers.
Quit Claim Deed	None	None	Transfers to family; Divorce; Trusts.

Costs and Timeframes for Deeds in Florida

Drafting: A simple quitclaim deed might cost a few hundred dollars to draft, while complex deeds in Florida involving trusts or probate issues can cost more.
Recording Fees: Florida counties charge a nominal fee to record the first page and additional pages.
Documentary Stamp Taxes: This is the big cost. Florida generally charges $0.70 per $100 of value paid for the property.
- Note: Even if you use a quit claim deed between family members, if there is a mortgage on the property, you may still owe taxes on the outstanding mortgage balance.

Life Estate Deeds and How Specialized Deeds Convey Property

Certain types of deeds in Florida are designed for situations where a standard sale is not the goal, but rather long-term control, protection, or succession planning.

These specialized deeds are commonly used in estate planning, guardianship, and probate-related transfers.

While standard sales typically involve a warranty or quitclaim deed, Florida real estate transactions often require specialized instruments to address estate planning or guardianship needs.

As a real estate attorney, I frequently draft these documents to ensure the transfer ownership of a home or other land aligns with a client’s long-term goals.

Traditional Life Estate Deed vs. Enhanced Life Estate Deed

One of the most powerful tools in Florida estate planning is the life estate. There are two distinct forms, and choosing the wrong one can severely restrict your rights to your or her own property.

A traditional life estate deed creates two interests: a present interest for the life tenant (you) and a future ownership interest for the remaindermen (usually the owner’s heirs or beneficiaries).

Under this arrangement, the life tenant has the right to live in the property until the owner’s death (or his or her death). However, they cannot sell or mortgage the property without the consent of the remaindermen.

In contrast, the Enhanced Life Estate Deed (often called a Lady Bird Deed) allows the owner to retain full and complete ownership powers during their lifetime.

This means you can sell, mortgage, or give away the property without needing permission from the owner’s beneficiaries. This tool is essential for avoiding probate and possibly estate taxes or Medicaid recovery issues.

Using a Guardian’s Deed or Trustee’s Deed

When a person in a fiduciary capacity transacts business, they generally do not provide the broad warranties found in a standard sale.

Trustee’s Deed: This legal document is used when a property is sold out of a trust.
Guardian’s Deed: Used when a court-appointed guardian must sell real property belonging to a minor or incapacitated person.

In these cases, the fiduciary generally avoids the five title covenants that would bind them personally.

They often warrant the title for only the time period they managed the asset, or they may provide no warranty at all, similar to a fee simple deed.

This protects the fiduciary from liability for undisclosed or nonvisible encumbrances created by prior owners.

Personal Representative’s Deed Under Florida Law

A personal representative’s deed under Florida law is commonly used when real property is conveyed out of a probate estate.

Unlike a warranty deed, this deed reflects the limited authority of the personal representative and the reality that the estate is not guaranteeing the entire history of the property’s title.

Instead, the deed typically conveys whatever interest the estate holds, subject to existing liens, restrictions, or encumbrances that may already appear in the public records.

For Florida realtors, this distinction matters. Buyers and lenders often scrutinize whether the estate is offering warranties, and the answer is usually no.

The personal representative is not acting as a current seller in the traditional sense, but as a court-authorized fiduciary carrying out statutory duties.

As a result, the deed generally limits warranties to acts taken during the administration, if any warranties are given at all.

This structure protects the personal representative from personal liability while still allowing marketable title to pass through probate with proper court authority, title insurance, and compliance with Florida probate procedures.

Why You Need a Real Estate Attorney for a Statutory Warranty Deed

When dealing with a warranty deed statutorily created under Florida law, the specific language used is critical.

A statutory warranty deed (or the short form version allowed by statute) automatically implies five covenants of title, even if they aren’t written out at length.

The general warranty deed’s paragraph essentially promises that the seller will defend against lawful claims and correct title defects caused by anyone in history.

This includes situations where a prior owner breached the covenants.

However, in commercial properties or specific contracts, a seller may want to limit this.

They might use a seller’s warranty deed (Special Warranty Deed) that contains only the following statement: that they warrant the title only against their own acts.

This excludes the preceding five title covenants regarding the property’s history.

To ensure you receive marketable title and complete ownership, your real estate contract should specify the type of deed.

Furthermore, you must have a title company perform a thorough search to eliminate title defects before closing.

Relying on standard forms without professional review can leave you exposed, especially if the deed uses “to him or her and his or her heirs” language incorrectly, potentially complicating the chain of title for the owner’s heirs.

Common Myths About Florida Deeds

There is a lot of misinformation surrounding Florida real estate and how deeds convey property. Believing these myths can lead to defective titles and costly legal battles. Here is the truth behind the most common misconceptions.

Myth #1: It’s Called a “Quick Claim” Deed

Fact: There is no such thing as a “Quick Claim” deed. The correct legal term is Quit Claim Deed. The name comes from the specific action the grantor is taking: they are “quitting” (giving up) their “claim” to the property, regardless of what that claim might be. The giver of a Quit Claim Deed is essentially saying, “I’m not saying I own this, but if I do, it’s yours now.”

Myth #2: A Quitclaim Deed Proves I Own the Home

Fact: A Quit Claim Deed does not guarantee that the grantor has any valid interest in the property. Even if the signer of a Quit Claim Deed is paid, he or she does not guarantee that they are conveying any actual ownership rights. Because of this, Quit Claim Deeds are considered the least desirable type of deed for a buyer. Once ownership is transferred, the new owner has no recourse against the seller if title defects—like hidden liens or boundary disputes—are discovered later.

Myth #3: I Don’t Need Witnesses if I Have a Notary

Fact: All deeds executed in Florida must be signed in the presence of a notary public AND two witnesses. This is a strict requirement under Florida law. While some states only require a notary, Florida requires two competent witnesses to verify the signing. If you skip this step, the deed may not be valid, and you could fail to legally transfer ownership.

Myth #4: All Warranty Deeds Are the Same

Fact: There is a significant difference between a General Warranty Deed and a Special Warranty Deed. A General Warranty Deed provides the highest level of protection to the buyer by covering defects in title from all prior owners, dating back indefinitely. In contrast, a Special Warranty Deed limits the seller’s liability to defects that occurred only during the seller’s ownership of the property. The seller is not responsible for correcting title defects caused by previous owners.

Process & Decision: Executing a Valid Deed

A deed is worthless if it isn’t executed according to strict Florida real estate laws.

Legal Requirements for Deeds in Florida

If you are planning to sign a deed, you must follow these “non-negotiables”:

Two Witnesses: The Grantor must sign in the physical presence of two witnesses.
Notarization: A notary public must acknowledge the signature.
Proper Legal Description: You cannot just use the street address; you must use the full legal description (e.g., “Lot 4, Block B…”).
Grantor Capacity: The person signing must be of sound mind and legal age.

Navigating Florida Real Estate Transactions in Probate

In my practice as a probate attorney, I apply specific criteria before recommending a deed:

Is the estate closed? If not, we may need a Personal Representative’s Deed.
Is there a mortgage? transferring title via quitclaim deed might trigger the “Due on Sale” clause.
Is it Homestead? Florida real estate laws regarding homestead protection are fierce. Improperly transferring a homestead via a fee simple deed or quit claim deed can strip away your tax exemptions and creditor protections.

Step-by-Step Process

Title Search: Confirm who actually owns the land.
Select Deed Type: Decide between General Warranty Deed, Special Warranty Deed, or Quitclaim Deed.
Drafting: Ensure the language meets statutory requirements (Florida Stat. 689).
Execution: Sign with witnesses and a notary.
Recording: Submit to the Clerk of Court immediately.

Why Professional Guidance Matters

Proof: Why Lorenzo Law?

We don’t just draft documents; we protect legacies.

Experience: Years of handling complex Florida real estate transactions specifically within the probate niche.
Precision: We ensure every type of deed Florida requires is customized to your specific family dynamic and asset protection goals.
Holistic Approach: We check how a deed transfer affects your taxes, your Medicaid eligibility, and your probate exposure.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Florida real estate laws change, and every situation is unique.

Frequently Asked Questions (FAQ)

What is the difference between a quitclaim deed and a warranty deed?

A General Warranty Deed guarantees that the seller owns the property and that the title is free of defects. A quitclaim deed offers no such guarantee; it only transfers whatever interest the seller might have.

Can I use a “claim deed” to take ownership of a property?

No. A claim deed is a misnomer for a quitclaim deed. Furthermore, you cannot unilaterally sign a deed to take someone else’s property; the current owner must sign it over to you.

Does a fee simple deed avoid probate?

Not necessarily. Fee simple describes the ownership rights, not the transfer mechanism. If you hold title in fee simple in your sole name when you die, the property will likely go through probate unless you use a specialized deed like a Lady Bird Deed.

Do I need a lawyer to prepare a deed in Florida?

While you are not legally required to have a lawyer, Florida real estate transactions are complex. A single error in the legal description or witness block can render the deed void, creating a “cloud on title” that costs thousands to fix later.

How much does it cost to record a deed in Florida?

Recording fees vary by county but are typically affordable (around $10 for the first page). However, Documentary Stamp Taxes are significant (usually $0.70 per $100 of consideration) and must be calculated carefully to avoid penalties.

What provides the highest protection: Warranty, Special Warranty, or Quitclaim?

The protection level from highest to lowest is Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds.

General Warranty Deed: Offers the most protection, guaranteeing a clear title free from liens and claims for the entire property history.
Special Warranty Deed: Limits the warranty to the time the current seller owned the property.
Quitclaim Deed: Provides no warranties and does not claim to transfer fee simple title.

Why are Special Warranty Deeds used in commercial transactions?

Special Warranty Deeds are more commonly used in commercial transactions than in residential property transfers. In commercial deals, sellers (often corporations or investors) generally do not want to be liable for the property’s entire history. They are willing to warrant that they didn’t damage the title, but they won’t vouch for what happened 50 years ago.

Do Personal Representatives or Guardians give warranties when selling property?

Typically, no. Personal Representative’s, Trustee’s, and Guardian’s Deeds are based upon Fee Simple Deeds and typically have no title covenants or warranties. These specialized deeds are designed to protect the fiduciaries from personal liability for title defects. Because fiduciaries must act in good faith and in trust on behalf of the owners, they cannot act as insurers of the title. If you are buying property from an estate or trust, obtaining title insurance is essential to protect yourself.

Can a Life Estate Deed help me avoid probate?

Yes. Life Estate Deeds are used for estate planning to avoid probate where a home or other land is the primary asset. These deeds convey property to a person or persons for their life, entitling them to possess, live at, and use the property during their lifetime. Upon the life tenant’s death, the property is then owned by another person (the remainder interest) in fee simple. This transfer happens automatically, allowing the new owners to avoid the probate process entirely.

What happens if I receive a Fee Simple Deed without warranties?

A fee simple deed conveys full ownership of a property without any guarantees or covenants of title. While you technically own the land, you have no assurances that the title is clean. If a lien or claim arises from a previous owner, you cannot sue the seller for breach of warranty. This is why choosing the correct deed type is essential to protecting your property rights.

Ready to Secure Your Property Legacy?

Don’t leave your Florida real estate ownership to chance. A single error in a fee simple deed or a misunderstood quitclaim deed can create “clouds on title” that last for generations.

At Lorenzo Law, we ensure your interests are protected. Whether you need a General Warranty Deed for a standard sale, a Quit Claim Deed for a family transfer, or legal guidance on the different types of deeds available for estate planning, we provide the precision you need.

Navigating Florida real estate transactions requires more than just filling out a form—it requires a legal strategy.

We help you choose the correct type of deed Florida law recognizes for your specific goals, ensuring you convey fee simple title correctly and avoid the common pitfalls of the “claim deed” myth.

As a Florida probate lawyer, I routinely uncover title defects created by improperly drafted deeds that surface years later during probate or sale. Addressing deed issues proactively protects your heirs, your investment, and your peace of mind.

Contact Lorenzo Law today to schedule your consultation.

Areas We Serve for Deeds in Florida

Florida real estate transactions involve several types of deeds in Florida, each with distinct legal consequences depending on the property, parties, and purpose of the transfer.

Selecting the proper deed at the outset helps prevent title defects, probate complications, and future disputes.

We are proud to assist clients with real estate transfers and probate matters across the state. From drafting a General Warranty Deed in Miami to handling a quit claim deed in Palm Beach, we serve the following communities:

Counties Served: Broward, Miami-Dade, Monroe, and Palm Beach County.

Cities Served: Aventura, Bal Harbour, Boca Raton, Boynton Beach, Brickell, Coconut Creek, Coconut Grove, Coral Gables, Coral Springs, Cutler Bay, Dania Beach, Davie, Deerfield Beach, Delray Beach, Doral, Fort Lauderdale, Hallandale Beach, Hialeah, Hollywood, Homestead, Islamorada, Jupiter, Key Biscayne, Key Largo, Key West, Lake Worth, Marathon, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miramar, North Miami, Palmetto Bay, Palm Beach Gardens, Parkland, Pembroke Pines, Pinecrest, Plantation, Pompano Beach, Sunny Isles Beach, Sunrise, Surfside, Wellington, West Palm Beach, Weston, and Wilton Manors.