Filing a Quitclaim Deed in Florida

There’s a simpler way of transferring property to your family members, your family LLC, or your trust. Here’s how to file a quitclaim deed.

Key Takeaways:

• Download and fill out the quitclaim deed
• Get someone to help you fill in the property and tax details if you are unable
• Submit to the Clerk of Court for the county where the property is located

Whether you want to transfer property to a family member, your family LLC, or your estate planning trust, or your need to change erroneous information on the title such as a misspelling, you need to complete the process correctly. If the current owner has a valid title to the property, a?quitclaim deed?will often transfer the property.

Many grantors – those persons who wish to transfer ownership of interest in real property – proceed with the transfer to the grantee (the person the interest in real property is transferred to) without anticipating potential problems, as this type of property transfer is generally done among family members.?

However, you must ensure the quitclaim deed is properly drafted. You’ll need a knowledgeable, experienced real estate attorney to help you handle all?legal issues related to your quitclaim deed?and review the deed on your behalf.

What does a quitclaim deed do?

A quitclaim deed gives you an opportunity to transfer title of real estate without actually providing a guaranty of the grantor’s title. So, if, in the end, it’s discovered that the grantor doesn’t have any interest in the property, the grantee cannot sue the grantor.

This type of deed is often used in cases when the grantee is certain about the grantor’s ownership rights. It is ideal for property transfers between family members, from business owner to business entity, between an individual and a trust, or in a divorce in order to remove one of the spouse’s names from the title.

Quitclaim deed rules and requirements

Florida’s law Section 695.26?outlines the requirements for quit claims deeds. They are:

• The grantor’s name and address – the current owner of the property
• The grantee’s name and address – the person receiving the property
• Legal and formal description of the property
• Consideration – the amount received by the grantor in exchange for the property
• Signatures of two witnesses
• Signature of a notary public
• Signature of the grantor – the grantee isn’t required to sign

How to file a quitclaim deed in Florida

You can complete a quitclaim form on your own, but if you are unable to, you should hire an experienced real estate attorney to help. Here are the steps for writing and filing a quitclaim deed in Florida:

Step 1. Download the Florida quitclaim deed

You can download the quitclaim form in either?Word.docx?or?Adobe PDF.

Step 2. Fill in the name and address of the person who prepared the deed

Make sure you have the correct information for the preparer included on the form. You should also fill in the mailing details – the name and address of the person the deed will be mailed to after processing (grantee).

Step 3. Complete the buyer and seller sections

Fill in the name and address of the seller (the grantor) and select the type of legal entity they are. For example, whether it is an individual, a married couple, an LLC, a trust, and so on. Below the section for the grantor’s details is a section for the grantee’s details, which you should also fill in.

Step 4. Property details

Indicate how much the grantor is receiving for the property and where the property is located. The description of the property in this case means its legal physical description. The appraiser’s PIN must also be included as it is part of the requirements under Florida’s Statute?§ 689.02.

Step 5. Submit tax details

Check the first box and enter the transfer tax details, or check the second box if the property is exempt from any taxes.?

Step 6. Signatures

It is vital that the grantor signs the document in the presence of a notary. The grantor and both witnesses are also required to print their name and include their address. If the grantor has a spouse but the spouse isn’t listed as a current property owner, the spouse must complete a “release of dower” section to waive any unknown rights in the property.

Step 7. Delivery of the deed

A quitclaim deed must be delivered to the grantee. If the grantor executes a deed but still keeps it, it is not an effective transfer of property.

Step 8. Filing with the clerk

The last step is for the grantee to file the signed, witnessed, and notarized quitclaim deed with the Clerk of Court in the county where the property is located. You will have to take the deed to the clerk’s office and pay the appropriate fees. The fees and transfer taxes may be more significant if there’s a mortgage on the property.?

Confirm with the county if a self-addressed stamped envelope is required. They will then enter the deed into official public county records, and the grantee will receive the original via the mail address given in step 2.

Legal professional helping with quitclaim deeds in Florida

These detailed steps will help you complete quitclaim form to begin the process of transferring ownership of a property to your own LLC, trust, or family member. But you may be facing challenges with filling the form or have concerns about making sure the deed is accurate from a legal standpoint.

PeytonBolin is a trusted real estate law firm in Florida helping complete quitclaim deeds and handle real estate transactions for our clients. Our board-certified attorneys can help guide and advise you throughout the process.?Contact us?today to ensure the process is as quick and efficient as possible.

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