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Quitclaim Deed

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FLORIDA QUITCLAIM DEED

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY:

A. In the State of Florida real property can be held by more than one person (concurrent estates) in the following ways:

1. If the Grantees ARE NOT married to each other, they can hold the property as:

a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size.

b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate.

2. If the Grantees ARE married to each other, they can hold the property as:

a. Tenants in Common – See above

b. Joint Tenants with the Right of Survivorship – See above

c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate.

3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety.

B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/

C. For example:

“. . . as tenants in common , . . .” OR

“. . . as tenants by the entireties , . . .” OR

“. . . as joint tenants with the right of survivorship, and not as tenants in common , . . .”

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INSTRUMENT PREPARED BY:

NAME

ADDR.

PARCEL IDENTIFICATION NUMBER:

QUITCLAIM DEED

THIS DEED, made by,

GRANTOR: , whose post office address is , and

GRANTEES: , whose post office address is , and

, whose post office address is , husband and wife:

WITNESSETH: That the Grantor, in consideration of the sum of $ , and other good and valuable consideration, does hereby remise, release, and quitclaim unto Grantees, as , legal title to all that certain property in County, Florida, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

SUBJECT TO a Life Estate in , whose post office address is .

IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents on the day and year set forth below.

Signed, sealed and delivered in the presence of:

Date:

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20, by , who is personally known to me or has produced as identification and who did/ did not take an oath.

EXHIBIT A

Grantor:

Grantees:

Life Tenant:

Parcel Identification Number:

Legal Description:

Quitclaim Deed Exhibit A
Enter text✕

What a Quitclaim Deed Is and when parties use it

A Quitclaim Deed is a legal instrument used to transfer whatever interest the grantor may have in a parcel of real property to a grantee without making guarantees about title quality or encumbrances. It conveys only the grantor's present interest, if any, and provides no warranty against competing claims or liens. Quitclaim deeds are commonly used for intra-family transfers, divorce settlements, estate administration, and to clear title issues; recording in the county where the property lies is typically required to provide public notice.

Why a Quitclaim Deed is chosen for simple title transfers

Use a Quitclaim Deed when speed, simplicity, and transferring interest without a warranty are priorities. It is useful for correcting title, removing a name, or transferring property between familiar parties where full title indemnities are unnecessary.

Why a Quitclaim Deed is chosen for simple title transfers

Who commonly completes a Quitclaim Deed

Common users include individuals and professionals handling non-sale transfers of property.

  • Homeowners transferring property to family members or trusts for estate planning or simplifying ownership.
  • Divorcing parties conveying interest as part of property settlement agreements or decree compliance.
  • Title professionals and attorneys clearing clouds on title or correcting record chain-of-title errors.

While convenient, a Quitclaim Deed does not replace a warranty deed for sale transactions or situations requiring title insurance.

Key signer roles for a Quitclaim Deed

Grantor

The person or entity transferring their interest. The grantor must sign the deed exactly as their legal name appears on identity documents; mismatches can delay recording or cloud title.

Grantee

The recipient of the interest. The grantee’s full legal name and mailing address should be listed to ensure correct indexing and future notice delivery by the county recorder.

Essential parts of a professional Quitclaim Deed

A complete deed includes specific legal elements to be valid for recording and to describe the transferred interest clearly.

Granting Clause

A concise statement that the grantor quitclaims any interest to the grantee; wording should explicitly reference the Quitclaim Deed nature to avoid implying warranties.

Legal Description

A complete metes-and-bounds or lot-and-block description tied to the county assessor’s records; parcel number alone is usually insufficient for recording in many jurisdictions.

Consideration

A description of consideration (often nominal, e.g., 'for $10 and other valuable consideration') to satisfy recording office requirements and support transfer validity.

Signature Block

Space for the grantor’s signature, printed name, and date; signatures must match identity documents and follow any state-specific signature rules.

Notary Acknowledgement

A jurisdiction-specific notary block confirming the grantor’s identity and voluntary signature; required for recording in all states though format varies.

Recording Data

Lines for county recorder use (book/page or instrument number) and a return-to address for recording certificates and tax-stamp purposes.

Required information and key fields

Grantor Name: Full legal name
Grantee Name: Full legal name
Property Description: Complete legal description
Consideration: Amount or nominal statement
Execution Date: MM/DD/YYYY format
Notary Block: Proper state acknowledgement

Step-by-step: filling out a Quitclaim Deed

Follow a consistent sequence to reduce errors and speed up recording. Below are the core steps from preparation to recording.

  • 01
    Prepare Document: Gather deed to copy legal description.
  • 02
    Complete Fields: Enter names, description, consideration, and date.
  • 03
    Notarize Signature: Sign before a notary or use RON where allowed.
  • 04
    Record With County: File original with the county recorder's office.

Customizing an online Quitclaim Deed workflow

When using an eSignature platform, configure fields, authentication, and recording steps to match state recording rules and evidence needs.

Field Configuration
Signature Field Require signer name + timestamp
Authentication Email + SMS code or stronger KBA
Template Save Save standardized legal description blocks
Notifications Auto-notify grantee, title company, recorder

Where to send and how the document is processed

A typical route moves from preparation to signing, notarization, recording, and delivery of the recorded copy to interested parties.

  • Prepare: Draft deed with full legal description.
  • Sign: Grantor signs in front of notary or via RON.
  • Record: Submit original to county recorder for indexing.
  • Distribute: Return recorded copy to grantee and lender.

Digital signing and eSubmission considerations

Confirm your chosen eSignature solution supports notarization format, audit trails, and export options required by the recorder.

  • File Formats: PDF and PDF/A output required by many recorders
  • Authentication: Email + SMS or multi-factor options recommended
  • Integrations: Connectors for cloud storage and title systems

If using remote online notarization, confirm the notary journal retention and audio-video recording rules for the jurisdiction before submitting the recorded document.

Timing expectations and recording notes

There is no federal deadline to record a quitclaim deed, but timely recording preserves priority; processing times and ancillary retention rules vary by state and county.

Recording Timeframe:

Varies by county; typical processing ranges from 1 to 30 business days for routine filings.

RON Record Retention:

Audio-video evidence typically retained 5–10 years under many RON rules.

Tax Notices:

Local transfer taxes or documentary stamps may be due at recording.

Effect on Priority:

Recording establishes public notice and affects priority among competing claims.

No Federal Deadline:

No federal filing deadline; follow county requirements for local recording.

Common mistakes to avoid

  • Using a street address in place of the full legal property description, which can lead to recording rejection or ambiguous title.
  • Leaving the notary block incomplete or using an out-of-state notarial form that the county recorder cannot accept.
  • Mismatching grantor name format with identification documents, delaying recording and potentially requiring corrective documents.
  • Failing to notify a mortgage lender; a quitclaim may not satisfy lienholder requirements and could trigger additional steps.

Consequences of preparing a Quitclaim Deed incorrectly

Clouded Title: May create ambiguous ownership claims
Tax Liability: Transfer taxes or reporting obligations
Invalid Transfer: Improper execution can render deed void
Lender Issues: Mortgage clauses may restrict transfers
Notary Rejection: Incorrect notary block prevents recording
Fraud Risk: Unscrutinized transfers can enable fraudulent claims

Saving and exporting the executed deed

Preserve the signed deed in durable formats and keep a recorded copy linked to indexing information for easy retrieval.

PDF/A

Export a PDF/A copy for long-term archival compatibility with many recorder offices and document management systems.

Certified Copy

Obtain a certified recorded copy from the county recorder to prove the instrument was filed and indexed.

Recorded Reference

Note book/page or instrument number on all copies so parties can quickly retrieve the official record.

Cloud Backup

Store encrypted copies in secure cloud storage with access controls and audit logging for chain-of-custody.

Real-world uses of a Quitclaim Deed

Examples below show common scenarios where quitclaim deeds are an appropriate, pragmatic choice.

Family Transfer

A parent transfers property to an adult child to consolidate estate plans.

  • The deed removes the parent's recorded interest.
  • After notarization and county recording, the child holds the property but should confirm any mortgage obligations remain in place and record the instrument promptly.

Title Correction

A clerical error in a prior deed requires correction to the grantee name.

  • Parties execute a quitclaim to correct the record.
  • The corrected deed is notarized, recorded, and the recorder updates indexing so future title searches reflect the amended name.

Practical tips for accurate and efficient completion

Follow these practical controls to reduce rejections and protect parties’ interests when preparing a quitclaim deed.

Verify legal description accuracy
Copy the legal description verbatim from an existing recorded deed or county parcel record; small errors in courses, distances, or lot numbers commonly lead to recorder rejection and require corrective instruments.
Confirm name formats with ID
Match grantor and grantee names to government-issued ID or entity formation records; inconsistent naming increases the likelihood of indexing errors and title complications.
Check for outstanding liens
Run a title search or consult title counsel before transferring property; a quitclaim deed does not eliminate existing liens and may not be appropriate in the presence of mortgages or judgments.
Record promptly and retain copies
Record the executed original in the county recorder’s office without delay to preserve priority; retain certified recorded copies and secure electronic backups.

Comparing eSignature providers for executing deeds

Platform selection affects notarization, audit trail, and cost. signNow appears first below; compare starting prices and core capabilities when choosing a provider.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about Quitclaim Deeds

Answers to common questions about validity, signing, recording, and related risks when using a Quitclaim Deed.


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