Quit Claim Deed Florida
Quit Claim Deed Florida
Transfer Property the Simple Way
A quit claim deed is one of the most common property transfer tools in Florida — and one of the most misunderstood. Used correctly, it’s a fast, affordable way to add or remove someone from a deed, transfer property between family members, or clear up a title issue. Used in the wrong situation, it can create real problems.
We’ve been preparing quit claim deeds in Fort Myers and across Southwest Florida since 1997. This page explains what a Florida quit claim deed does, when to use one, what it costs, and how our process works — so you can make an informed decision before you start.
What Is a Quit Claim Deed in Florida?
A quit claim deed (also spelled “quitclaim deed” — both are correct) transfers whatever ownership interest the grantor currently has in a property to the grantee. The key word is “whatever.” A quit claim deed makes no promises about the condition of the title, whether there are liens or encumbrances, or whether the grantor actually owns what they’re transferring.
That’s not a flaw — it’s the design. Quit claim deeds are built for situations where the parties know and trust each other, where clear title has already been established, or where the goal is to correct or update ownership rather than complete an arm’s-length sale.
Under Florida Statute §689.02, a valid quit claim deed in Florida must be in writing, identify the grantor and grantee by full legal name, include a complete legal description of the property, and be signed by the grantor in the presence of two witnesses and a notary public before it can be recorded.
When to Use a Quit Claim Deed in Florida
Quit claim deeds are the right tool in a specific set of situations. These are the most common ones we handle in our Fort Myers office:
Adding a Family Member to a Deed
Parents adding an adult child, spouses adding each other, or any situation where you want to bring someone onto the title. This is the most common reason people call us. The process is straightforward and the flat fee is $225.
Removing Someone from a Deed
After a divorce, a separation, or a change in family circumstances, one owner sometimes needs to come off the title. A quit claim deed from the departing owner to the remaining owner accomplishes this cleanly — as long as any mortgage lender has been consulted, since most mortgages have due-on-sale clauses that can be triggered by a title change.
Transferring Property Between Family Members
Gifting a property to a child, transferring to a sibling, or moving property from an individual into a trust — quit claim deeds handle all of these. There is typically no documentary stamp tax when property transfers between spouses with no consideration, but transfers to other family members may trigger doc stamps calculated at 0.7% of the property’s fair market value.
Correcting a Name or Title Error
Misspelled names, wrong middle initials, or a name that changed after marriage are common title defects. A corrective quit claim deed fixes the record cleanly. We see this often with properties purchased before a name change that were never updated.
Transferring Into or Out of a Trust or LLC
Property held individually that needs to move into a living trust or business entity — or coming back out — is a common use for quit claim deeds among Fort Myers property owners doing estate planning.
When NOT to Use a Quit Claim Deed
This is where we see the most confusion, and it’s worth being direct about it.
Do not use a quit claim deed when you are buying property from someone you don’t know, when you want a guarantee that the title is clear, or when a lender is involved and requires a warranty deed. In those situations, a general warranty deed — which comes with title guarantees — is the right document.
Also: a quit claim deed signed today takes effect today. If you die before the deed is recorded, the transfer may not hold. If you want to control when and how your property transfers, talk to us about a Lady Bird deed — it gives you the flexibility to change your mind, while keeping the property out of probate.
Florida Quit Claim Deed Requirements
Here is exactly what makes a quit claim deed valid and recordable in Florida:
Must be in writing — oral transfers of real property are not valid in Florida
Must identify the grantor (transferring owner) and grantee (receiving owner) by full legal name
Must include the complete legal description of the property — not just the address. We pull this from the current recorded deed or the county property appraiser’s records
Must state the grantor’s marital status
Must include consideration (can be nominal — “$10 and other good and valuable consideration” is standard)
Must be signed by the grantor in the presence of two subscribing witnesses and a notary public
Must be recorded with the Clerk of Court in the county where the property is located to be effective against third parties
We handle all of this. You fill out our questionnaire, we prepare a deed that meets every Florida requirement, and we file it with the Lee County Clerk of Court — or the appropriate county clerk for properties in Collier, Charlotte, or Sarasota County.
Quit Claim Deed vs. Warranty Deed
Which One Do You Need?
This is the question we get most often. Here’s the difference in plain terms:
|
|
Quit Claim Deed |
Warranty Deed |
|
Title guarantee |
None — transfers “as is” |
Full guarantee of clear title |
|
Best used for |
Family transfers, corrections, trusts — parties who know each other |
Sales to strangers, lender-required transfers |
|
Transfer timing |
Immediate — takes effect when recorded |
Immediate — takes effect when recorded |
|
Documentary stamps |
0.7% of consideration (min $0.70) |
0.7% of consideration (min $0.70) |
|
LCDP prep fee |
$225 flat |
$225 flat |
|
Who takes the risk |
Grantee — no title protection |
Grantor — guarantees title back through all prior owners |
Both deed types are $225 to prepare through our office. If you’re not sure which one fits your situation, call us at 239-482-7900 and we’ll explain the difference without any pressure to proceed.
What Does a Quit Claim Deed Cost in Florida?
Here is a complete cost breakdown for a standard quit claim deed prepared through Lee County Document Preparation:
|
Fee |
Amount |
|
Deed preparation (LCDP flat fee) |
$225.00 |
|
Recording fee — first page (Lee County Clerk) |
$18.50 |
|
Recording fee — each additional page |
$8.50 per page |
|
Documentary stamps (if consideration is exchanged) |
0.7% of sales price (min $0.70) |
|
Prior deed copy (if you don’t provide one) |
$25.00 |
|
Typical total for a standard family transfer (no consideration) |
~$245–$260 |
No hidden fees. We provide a complete cost estimate before you start. For comparison, hiring a real estate attorney in Fort Myers to prepare the same document typically runs $400–$700 or more.
How the Process Works
Our 3-step process is designed to be simple whether you’re in Fort Myers or anywhere in Southwest Florida.
Fill out our online questionnaire — takes about 10 minutes. You’ll provide the property address, grantor and grantee names, reason for transfer, and any consideration being paid.
We prepare the deed using the current recorded legal description and send it to you for review. Typical turnaround is 7–14 business days.
Sign in front of a notary. We offer in-house notarization for local Fort Myers clients, or you can use any notary. Mail us the signed originals with payment and we handle recording with the Lee County Clerk of Court.
For properties in Collier, Charlotte, or Sarasota County, we file with the appropriate county clerk. The process is the same — we handle everything after you sign.
Frequently Asked Questions
Can I file a quit claim deed myself in Florida?
Technically yes — the forms are public record. But the most common and expensive mistake we see is errors in the legal description. A wrong legal description can cloud title, require a corrective deed, or in serious cases require a quiet title action to fix. The $225 we charge to prepare it correctly is significantly cheaper than fixing a mistake after it’s recorded.
Does a quit claim deed remove me from the mortgage?
No. A deed transfers ownership — it has nothing to do with the mortgage. If you deed your interest in a property to someone else, you may no longer be on the title, but you can still be legally responsible for the mortgage until the lender agrees to a refinance or assumption. Always consult with your lender before executing a deed that affects a mortgaged property.
How long does it take to record a quit claim deed in Lee County?
After we receive your signed originals and payment, we file with the Lee County Clerk of Court. Recording typically happens within a few business days of filing. Total turnaround from when you submit your questionnaire to recorded deed is typically 7–14 business days under our standard process.
Is a quit claim deed permanent in Florida?
Yes. Once a quit claim deed is recorded, the transfer is permanent. The grantor cannot take it back without the grantee’s cooperation — unless fraud or other legal grounds exist. This is why a quit claim deed is appropriate between people who trust each other, and why a Lady Bird deed is better when you want to retain the right to change your mind.
Do I need a lawyer for a quit claim deed in Florida?
Florida does not require an attorney to prepare a quit claim deed. A document preparation service like Lee County Document Preparation can legally prepare it for you. If your situation involves complex title issues, divorce proceedings, bankruptcy, or a dispute over ownership, we recommend consulting a licensed Florida real estate attorney before proceeding.
What is the difference between a quit claim deed and a warranty deed in Florida?
A quit claim deed transfers ownership with no title guarantee — the grantor makes no promises about liens, encumbrances, or prior claims. A warranty deed guarantees clear title back through all prior owners. For family transfers and corrections, quit claim deeds are standard. For sales between strangers or when a lender is involved, warranty deeds are typically required. We prepare both for the same $225 flat fee.
Ready to Get Your Lady Bird Deed Prepared?
Serving Fort Myers, Cape Coral, Naples, Bonita Springs, and all of Southwest Florida since 1997.
Monday – Friday | 9:00 AM – 5:00 PM | LeeCountyDocs@gmail.com
$225 Flat Fee • Full Cost Estimate Provided Upfront • No Hidden Fees
Lee County Document Preparation, Inc. is a non-attorney document preparation service. We prepare quit claim deeds, lady bird deeds, warranty deeds, and other real estate documents for property owners throughout Southwest Florida. We do not provide legal advice or representation. For legal counsel, please consult a licensed Florida attorney.