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Free Florida Tool

Which Deed Do I Need?

Answer a couple of quick questions and we’ll point you to the right Florida deed — in plain English.

This tool is educational and not legal advice. Deed choice can affect taxes, homestead, Medicaid eligibility, and creditor protection — for estate planning, confirm with your attorney. Atlantic Title Firm prepares and records Florida deeds as part of your closing or as a standalone service.

Florida Deed Types, Compared

Choosing the right deed protects your money, your title, and your estate plan. Below is how the most common Florida deeds stack up. Not sure which fits your situation? Use the deed selector above, then let Atlantic Title Firm prepare and record it in any of Florida’s 67 counties.

DeedProtectionBest for
General WarrantyFull — entire title historyNormal home sales
Special WarrantyLimited — seller’s ownership onlyBank/REO, builders, commercial
QuitclaimNoneFamily, trust/LLC, name changes
Lady BirdKeeps control; avoids probateEstate planning on a homestead
Life EstateLife use; avoids probatePassing a home, keeping life use

Which Florida Deed Do You Need?

General Warranty Deed

The standard for a Florida home sale. The seller warrants clear title for the property’s entire history and agrees to defend it, giving the buyer maximum protection. Almost always paired with an owner’s title insurance policy. Warranty vs. quitclaim →

Special (Limited) Warranty Deed

Guarantees title only for the time the seller owned the property. Common on bank-owned (REO) sales, new construction, and commercial deals where the seller limits liability. Buyers should still obtain title insurance.

Quitclaim Deed

Transfers whatever interest you hold with no warranties. The go-to for moving property between family, into your own revocable trust or LLC, adding a spouse, or removing an ex after divorce. Never use it for a sale to someone you don’t know. Watch documentary stamp tax and any mortgage due-on-sale clause. Adding or removing a name →

Lady Bird (Enhanced Life Estate) Deed

A Florida favorite for estate planning. You keep full control of your home while alive — sell it, mortgage it, or change your mind — and it passes to your heirs outside probate at death, all while preserving homestead and Save Our Homes benefits. Lady bird deed guide →

Life Estate Deed

You keep the right to live in the property for life; the remainder passes automatically to the person you name at death, avoiding probate. Unlike a lady bird deed, you generally can’t sell or mortgage without the remainderman’s consent — so compare the two first.

How Property Deeds Work in Florida

Every valid Florida deed needs a proper legal description, the grantor’s signature, two witnesses, and a notary acknowledgment (Fla. Stat. §§689.01, 695.26). It’s recorded in the Official Records of the county where the property sits. Florida charges documentary stamp tax of $0.70 per $100 of consideration on deeds ($0.60 in Miami-Dade), paid at recording. If the property is homestead, a spouse generally must join in the conveyance. A small error — a wrong legal description, a missing witness, unpaid stamp tax — can cloud the title for years, which is why most Floridians have a title company prepare and record the deed.

Deed Preparation & Recording

We Prepare & Record Florida Deeds — All 67 Counties

Flat-fee, accurate, and recorded right the first time — with a title check so nothing surprises you later. Tell us what you need and we’ll handle the rest.

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Florida Deed FAQ

Which deed is best for a home sale in Florida?

For a normal arm’s-length sale, a general warranty deed is the standard choice. The seller guarantees clear title against all defects, and it pairs with an owner’s title insurance policy to fully protect the buyer.

What’s the difference between a quitclaim and a warranty deed in Florida?

A warranty deed guarantees the title is clear and the seller will defend it. A quitclaim deed transfers only whatever interest the person actually has, with no guarantees — used for family or trust transfers, not sales to a stranger.

Does a quitclaim deed avoid probate in Florida?

No. A quitclaim deed by itself does not avoid probate. To pass Florida property outside probate while you’re alive, a lady bird (enhanced life estate) deed or a life estate deed is typically used.

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

Costs include a deed preparation fee, county recording fees, and documentary stamp tax of $0.70 per $100 of consideration ($0.60 in Miami-Dade). Atlantic Title Firm prepares and records Florida deeds for a modest flat fee — contact us for a quote.

Can I prepare my own deed in Florida?

You can, but errors in the legal description, witnessing, notarization, or stamp tax can cloud or invalidate title. Florida requires two witnesses and a notary. A title company prepares and records the deed correctly so it holds up.

What is documentary stamp tax on a Florida deed?

Florida charges documentary stamp tax of $0.70 per $100 of consideration on deeds statewide, or $0.60 per $100 in Miami-Dade County, paid at recording.

How do I add or remove someone from a deed in Florida?

You record a new deed — usually a quitclaim — transferring the interest. Watch out for homestead and spousal-joinder rules and documentary stamp tax if there’s a mortgage. See the full guide →

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