Frequently Asked Questions

Common questions about real estate and deed preparation.

All Categories Common Deeds General & Special Warranty Deeds Lady Bird Deeds Probate Quitclaim Deeds

Lady Bird Deeds

Does a Lady Bird Deed Have to Be Recorded?

No, but not recording it can cause serious problems. Recording helps show delivery and makes the deed effective against later buyers and creditors.

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Lady Bird Deeds

Does a Lady Bird Deed Supersede a Will?

Yes, in most cases. If a valid will and deed conflict, the deed controls for that property. Homestead rules can override it if the owner leaves a spouse or minor child.

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Common

Does a Spouse Have to Sign a Deed to Florida Homestead Property?

Generally yes, if the owner is married, even when only one spouse is on title. A deed from one spouse to the other does not need the receiving spouse to join.

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Lady Bird Deeds

Does Florida Have a Beneficiary Deed or Transfer on Death Deed?

No. Florida has no statutory beneficiary or TOD deed for real estate. A lady bird deed gives the same result and avoids probate.

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Common

How Can Deed Fraud Be Prevented?

Regularly check your property records online through the county website. Look for any deeds, mortgages, or liens you didn’t create.

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Lady Bird Deeds

How Do Lady Bird Deeds Help With Estate Planning?

They are designed to let property pass to named beneficiaries without probate while the owner keeps control for life. They can also help with Medicaid planning and generally give a stepped-up tax basis.

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Quitclaim Deeds

How Do Quitclaim Deeds Work in Florida?

A quitclaim deed transfers whatever interest the grantor has, with no title promises. In Florida it needs the grantor's signature, two witnesses, and a notary, and should be recorded.

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Lady Bird Deeds

How Does a Lady Bird Deed Affect Homestead Exemption in Florida?

Generally it does not. The owner keeps a life estate and full control, so the exemption continues as long as the home stays the owner's permanent residence.

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Lady Bird Deeds

How Does a Lady Bird Deed Work in Florida?

The owner keeps full control for life, including the right to sell, mortgage, or change the beneficiary. At death, the property is designed to pass to the named beneficiary without probate.

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Probate

How Is a Deceased Person Removed From a Deed in Florida?

It depends on how title was held. Survivorship owners often record a death certificate. Other cases may need probate.

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Deeds

How Is a Deed Recorded in Florida?

File the signed, witnessed, notarized deed with the clerk in the county where the property sits. Pay recording fees and doc stamps.

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Lady Bird Deeds

How Is a Lady Bird Deed Handled After Death?

Title passes to the remainder beneficiaries at death, generally without probate. They record a certified death certificate, usually with a short affidavit, in the county where the property is.

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Deeds

How Is a Spouse Removed From a Deed After Divorce in Florida?

The departing spouse usually signs a quitclaim deed to the other spouse, as the divorce judgment or settlement directs.

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Deeds

How Is Property Transferred to a Family Member in Florida?

Sign a quitclaim or warranty deed to give it now, or use a lady bird deed to pass it at death while keeping control.

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Common

How Is Someone Added to a Deed in Florida?

The current owner signs a new deed giving part ownership to the other person, before a notary and two witnesses. The deed is then recorded with the county clerk.

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Deeds

How Is Someone Removed From a Deed in Florida?

The person being removed signs a new deed, usually a quitclaim deed, to the remaining owners, and it is recorded. Without that person's signature, it takes a court order or that person's death.

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Quitclaim Deeds

How Long Is a Quitclaim Deed Good for in Florida?

A valid Florida quitclaim deed does not expire. The transfer is permanent once the deed is signed, delivered, and accepted.

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Lady Bird Deeds

How Much Does a Lady Bird Deed Cost in Florida?

QuickDeeds charges a $350 flat fee, including a 15 minute attorney consultation. Recording fees, any doc stamp tax, and optional notary and eRecording are extra.

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Common

How Much Does It Cost to Transfer a Deed in Florida?

QuickDeeds charges a $350 flat fee. Recording is $10 for page one and $8.50 per extra page. Doc stamps depend on the consideration.

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Lady Bird Deeds

Is a Lady Bird Deed a Good Idea?

For many Florida owners, yes. It is a low cost way to pass real estate without probate while keeping full control, but it must be drafted and signed correctly.

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Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.