Who Can Prepare a Quitclaim Deed in Florida?

In Florida, a property owner can prepare a quitclaim deed for their own property. Preparing a deed for someone else is generally the practice of law, so it is limited to licensed Florida attorneys, with limited exceptions such as title agents preparing documents for transactions they insure. A nonlawyer who prepares deeds for others can face penalties for unauthorized practice of law.

Risks of Preparing a Deed Without an Attorney

1. Legal requirements: Florida deeds must meet witness, notary, address, and format rules. Missing one can make the deed unrecordable or open to challenge.

2. Errors: a wrong legal description or name can cloud the title and require a corrective deed or court action.

3. Recording problems: the clerk can reject a deed that lacks required names, addresses, or margins, which delays the transfer.

4. Tax issues: a transfer of mortgaged property can owe documentary stamp tax, and a gift may require a federal gift tax return.

5. Responsibility: an owner who prepares a deed alone has no one to look to if a mistake surfaces later.

6. Time: finding the right legal description and form takes time.

What an Attorney Does

• Reviews the prior deed for the correct names, legal description, and current ownership.

• Drafts a deed that meets Florida's form and recording requirements.

• Explains doc stamps, gift tax, homestead, and mortgage issues.

• Answers questions about the form of ownership and how the deed fits the owner's estate plan.

QuickDeeds

QuickDeeds' experienced attorneys offer expert consultations by phone or Zoom for a $350 flat fee, and QuickDeeds prepares the quitclaim deed at no additional cost. QuickDeeds serves all 67 Florida counties and prepares the deed within 1 to 2 days after the consultation. eRecording is available for an additional fee.