There are three types of deeds used in Florida: (1) warranty deed, (2) quitclaim deed, and (3) lady bird deed.
Each deed is used for a different purpose.
A general warranty deed provides the highest level of protection, guaranteeing that the property is free from all liens and encumbrances.
A quitclaim deed transfers only the interest the seller has in the property, with no warranties regarding clear title, making it the least protective for buyers.
A lady bird deed transfers property upon death while retaining control for the property owner.
What Is a Deed?
A deed is a legal document that represents the transfer of ownership of real property (like land or a building) from one person or entity (the seller or grantor) to another (the buyer or grantee). This document contains important details about the property, such as its description and the grantor’s and grantee’s names.
When the deed is signed and notarized by the grantor and delivered to the grantee, it effectively transfers the ownership rights to the grantee.
Warranty Deed
A warranty deed is a commonly used deed type in real estate transactions. It provides the highest level of protection for the buyer.
The seller (grantor) guarantees they have clear ownership of the property and the legal right to sell it. The warranty deed assures the buyer (grantee) that the property is free from encumbrances or liens and that the seller will defend against any future claims to the property’s title.
Quitclaim Deed
A quitclaim deed offers the least protection to the buyer.
It is used to transfer property between family members or clear up a title issue. The grantor in a quitclaim deed transfers whatever interest they have in the property, but there are no warranties or guarantees about the quality of the title or even if the grantor has a valid interest in the property.
Lady Bird Deed
A lady bird deed (also known as an Enhanced Life Estate Deed) allows a property owner to transfer property upon their death automatically without the need for probate.
The owner retains control over the property during their lifetime, including the right to sell or mortgage it, and names a beneficiary who will receive the property upon the owner’s death. This type of deed is useful for estate planning purposes.
Cost for a Deed in Florida
A deed cost $400 plus recoding fees. It includes a consultation by phone or Zoom to go over your situation to make sure it is the right type of deed.
About the Author
I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.
I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.
