TL;DR: The main types of deeds used in Florida are the quit claim deed, the general and special warranty deed, and the Lady Bird (enhanced life estate) deed. Each one promises something different about the title being transferred, and Florida law sets specific requirements for any deed to be recordable. Lee County Document Preparation, Inc. prepares all three from the information you supply and files them with the Lee County Clerk of Court, but it cannot tell you which deed fits your situation.
If you are trying to move property from one name to another in Lee County, the deed you choose changes what protection the new owner actually gets. This guide compares the types of deeds in Florida side by side, so you can bring an informed question to whoever you talk to next, whether that is us or an attorney.
As a reminder up front: Lee County Document Preparation, Inc. is a non-attorney document preparation service. We type, prepare, file, and record deeds from information you provide in writing. We do not select which deed fits your situation, give legal advice, or offer an opinion on the validity of any document. If you are unsure which deed applies to you, that decision belongs with a licensed Florida attorney.
What Are the Main Types of Deeds Used in Florida?
The three deed types most commonly used to transfer real property in Florida are the quit claim deed, the warranty deed (general or special), and the Lady Bird, or enhanced life estate, deed. Each transfers ownership, but they differ in what the person signing over the property promises about the title’s condition.
A quit claim deed transfers whatever interest the current owner has, with no promise that the title is clear. A warranty deed adds a guarantee against title defects, either for the entire history of the property (general) or only for the period the current owner held it (special). A Lady Bird deed lets the owner keep full control during their lifetime while the property passes automatically to a named beneficiary at death, without going through probate. Mobile home title transfers follow a separate process, which our document preparation page covers.
Comparison: Deed Type, What It Promises, and What We Prepare
| Deed type | What it promises | Typical use in Lee County | What we prepare |
|---|---|---|---|
| Quit claim deed | No warranty of title, transfers only whatever interest the owner has | Adding or removing a family member, transfers between spouses, correcting a name on title | Deed prepared from your information, filed and recorded with the Lee County Clerk of Court |
| General warranty deed | Full warranty against title defects for the entire chain of ownership | Arm’s length sales where the buyer wants the strongest protection | Deed prepared from your information, filed and recorded, see warranty deed |
| Special warranty deed | Warranty limited to defects arising only during the current owner’s ownership | Some sales and estate transfers | Deed prepared from your information, filed and recorded |
| Lady Bird deed | Owner retains full control during life, property passes to a named beneficiary at death, avoiding probate | Aging in place, passing a homestead to children without probate | Deed prepared from your information, see Lady Bird deed in Florida |
We prepare each of these from the information you supply in writing. We do not draft the terms of your transfer or tell you which row in this table fits your situation.
Quit Claim Deed: No Warranty of Title
A quit claim deed conveys whatever ownership interest the person signing it holds, with no promise that the title is free of liens, unpaid taxes, or competing claims. If the seller owns nothing, the buyer receives nothing, and the deed itself does not guarantee otherwise.
That makes a quit claim deed vs deed with warranty language a meaningful distinction. Quit claim deeds are common in Lee County for transfers where the parties already know and trust each other, such as adding a spouse to a homestead or removing a name after a divorce. Because there is no title guarantee, it is not the typical choice for an arm’s length sale between strangers. If you already know you need this deed type, our quit claim deed page walks through the details, and you can start the paperwork at quit claim request.
Warranty Deed: General and Special
A general warranty deed is the strongest guarantee a seller can give: they warrant the title is clear for the entire history of the property, not just their own ownership period, and they agree to defend against any claim that surfaces later. A special warranty deed narrows that promise to defects that arose only while the current owner held title, leaving earlier history unwarranted.
Buyers in a traditional purchase typically want a general warranty deed, since it offers the broadest protection. Sellers sometimes prefer to limit their exposure to a special warranty deed, particularly on estate or investment property where the full ownership history is harder to vouch for. See warranty deed in Florida for what we prepare, and warranty deed request to start the process.
Lady Bird Deed: The Enhanced Life Estate Deed
A Lady Bird deed, formally an enhanced life estate deed, lets the current owner keep the right to sell, mortgage, or otherwise use the property during their lifetime, while naming a beneficiary who automatically receives the property at death without a probate proceeding. It is a common tool for homeowners planning ahead rather than transferring property today.
Because the owner keeps full control, a Lady Bird deed does not remove any rights during their lifetime, which is what distinguishes it from an outright transfer. Full detail lives on our Lady Bird deed in Florida page, and the request form is at enhanced life estate deed request.
What Does Every Florida Deed Have to Contain to Be Recordable?
Florida deed requirements include a written instrument, a legal description of the property, the names of the grantor and grantee, the grantor’s signature, and two subscribing witnesses. Under Florida Statute 689.01, a deed conveying real property must be signed in the presence of two subscribing witnesses to be valid.
The deed also has to be recorded with the county Clerk of Court to protect the new owner’s interest against later claims. Florida Statute 695.01 states that no conveyance is good and effectual in law or equity against creditors or subsequent purchasers unless it is recorded. In Lee County, recording a deed or affidavit costs $18.50, plus $8.50 for each additional page over one and $1.00 per name over four, and documentary stamp tax applies at .007 times the sales price or consideration, with a 70 cent minimum. See our pricing page for the current figures.
Which Deed Do Most Lee County Families Actually Need?
There is no single answer, because the right deed depends on the relationship between the parties, whether money is changing hands, and what happens to the property later. A family adding a spouse to title has different needs than someone planning to avoid probate for their homestead.
We cannot choose the deed for you. As a non-attorney service, we prepare the document you tell us you need from the information you supply, but selecting which deed fits your circumstances is a legal decision. If you are unsure, that conversation belongs with a licensed Florida attorney, and our lawyer vs document preparer page explains where that line sits. Once you know which deed applies, contact us or call 239-482-7900 and we will prepare it from there.
If the transfer you are planning already has a name attached, such as adding or removing someone from an existing deed, our how to add a name to a deed and how to remove someone from a deed posts cover those specific scenarios. For a side by side look at the two most commonly confused deed types, see warranty deed vs quit claim deed in Florida.
Frequently Asked Questions
What are the three types of deeds most commonly used in Florida?
The three most commonly used are the quit claim deed, the warranty deed (general or special), and the Lady Bird, or enhanced life estate, deed. Each transfers ownership differently: quit claim carries no title guarantee, warranty deeds guarantee clear title to varying degrees, and Lady Bird deeds let the owner retain control during life while avoiding probate at death.
What is the strongest type of deed?
A general warranty deed offers the strongest protection to the person receiving the property, because the seller warrants clear title for the entire history of the property and agrees to defend against any later claim. A special warranty deed and a quit claim deed each offer progressively less title protection.
What is the best type of deed to receive?
The best deed to receive depends on the transaction. A buyer paying full value typically wants a general warranty deed for the strongest protection, while a family member receiving property as a gift or as part of estate planning may receive a quit claim or Lady Bird deed instead. This is a legal judgment call, not something we can decide on your behalf.
Can you remove someone from a deed without their knowledge in Florida?
No. Removing a person from title requires that person’s signature on a new deed, or a court order. A deed cannot be recorded to remove an owner’s interest without their consent unless a court has ordered it. See our how to remove someone from a deed page for the process.
Does Lee County Document Preparation tell me which deed I need?
No. We prepare, file, and record deeds from the information you supply in writing, but we do not give legal advice or select the deed type for you. If you are unsure which deed fits your situation, talk with a licensed Florida attorney first, then bring the answer to us to prepare.