A deed is a legal document used to convey or transfer ownership of real property from one party (the grantor) to another (the grantee). If someone has a deed to a property, that person holds the title of the property, including the right to occupy, use, sell, mortgage, or gift the asset at any time.
In this article, you will discover how to transfer a deed to a family member in Florida.
How Do I Transfer a Deed to a Family Member in Florida? – Step-by-Step
Choosing the Right Deed Option
The first step to transfer a deed to a family member in Florida is choosing the appropriate type of deed. The standard types of deeds used in most transactions are general warranty deeds and quitclaim deeds.
With a warranty deed, the grantor ensures the grantee that:
- He or she has legitimate ownership of the property
- He or she has the right to transfer the property
- The property has no liens or encumbrances attached to it
- There are no title defects that may interfere with the grantee’s ability to use, occupy, sell, or transfer the property
- The grantee is covered against damages incurred by title defects
Conversely, a quitclaim deed does not provide any warranties. If the grantee decides to sign a quitclaim deed, he or she waives the right to sue the grantor in the event of title defects, accepting the property title as it is.
Quitclaim deeds are generally used in title transfers involving family members or close friends. Depending on the case, it may be used to correct a defect on the title of a property. Other types of deeds available in Florida include:
- Statutory warranty deeds
- Special warranty deeds
- Fee simple deeds
- Life estate deeds
- Enhanced life estate deeds
- Personal representative’s deed
Preparing and Filling Out the Paperwork
Once the grantor selects the appropriate type of deed to transfer the property, it is time to prepare and fill out the documentation.
The document must contain the required information and language for a specific type of deed. It is fundamental to identify the names and addresses of the grantor and grantee. If applicable, a deed may require spousal signatures during its execution.
When preparing the deed, the grantor must include a detailed legal description of the property being transferred, identify the parties involved in the transfer, and designate the grantor and the grantee.
Florida law has specific execution requirements to ensure the validity of a deed. The deed must be signed by the grantor, the grantee, and two valid witnesses in the presence of a notary.
Once the document is properly signed, it must be notarized with a notary public. Please note that a notary must be present in the document’s execution.
Recording the Deed
Once the deed is properly filled out and signed under Florida law, the next step is to record the document in the public records in the county where the property is located.
The recording process involves a small filing fee, a documentary stamp tax, and other additional fees. If there are liens attached to the property, the amount paid in documentary stamp taxes increases significantly.
Once the deed is recorded, the person filing the deed receives the original copy of the document while a second copy is attached to the county’s official records.
Do You Want to Transfer the Deed of a Florida Property? – Contact Your Florida Probate Lawyer Today
Get in touch with Attorneys Romy B. Jurado and Diana C. Collazos by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.
