A Florida quitclaim deed transfers the grantor’s current ownership interest in a property to another person — with no guarantees about the title’s history or condition. It is commonly used between family members, spouses, and trusted parties for property transfers that don’t require the protections of a warranty deed. Understanding what a quitclaim deed does — and doesn’t — protect you from is essential before you sign.

What Is a Florida Quitclaim Deed and How Does It Work?

A quitclaim deed is a legal document that conveys exactly what the grantor currently owns — nothing more. If there are existing liens, title defects, or competing claims on the property, those pass to the new owner along with the deed.

Think of it this way: if your mother transfers her home to you using a quitclaim deed, you receive whatever interest she holds on the day she signs. If she has a mortgage, a lien, or a disputed ownership interest — that transfers too. No guarantees. No warranties.

Quitclaim deeds are simple and inexpensive to prepare. That is their appeal. But that simplicity comes with a trade-off: the grantee accepts all unknown title risks. This is why quitclaim deeds are almost always used between people who trust each other completely — not between strangers in a real estate sale.

When Should You Use a Quitclaim Deed in Florida?

Florida quitclaim deeds are the right tool in several specific situations. Using them outside those situations can create title problems that are expensive to fix.

Common and appropriate uses include:

• Transferring property between spouses after marriage — adding a new spouse to the title
• Removing a former spouse from a deed following divorce
• Transferring property between parents and adult children as a gift
• Correcting a name error or technical defect on an existing deed
• Moving a property into a revocable living trust as part of an estate plan

What quitclaim deeds are not appropriate for: purchasing property from a stranger, refinancing, or any situation where a buyer needs assurance that the title is clean. In those cases, a warranty deed — or a title search and title insurance — is the right approach.

What Are the Risks of a Florida Quitclaim Deed?

The central risk of a quitclaim deed is this: you accept the property exactly as the grantor’s title stands. No better, no worse. If there is a problem with the title, it becomes your problem the moment the deed is signed and recorded.

Specific risks include existing mortgages that don’t disappear just because the deed changed hands, undisclosed liens from unpaid contractors or taxes, and competing ownership claims from other heirs or parties. The grantor makes no promise — legally or practically — that any of these issues exist or don’t exist.

This is why Florida real estate attorneys recommend quitclaim deeds only in specific, controlled circumstances. In a family transfer where the property has been owned free and clear for decades, the risk is minimal. In a situation where the history is unclear — proceed carefully. A title search before accepting a quitclaim deed is always a sensible step.

Does a Quitclaim Deed Avoid Probate in Florida?

This is one of the most common misconceptions. A standard quitclaim deed does not avoid probate in Florida.

Probate avoidance requires a specific legal mechanism that creates an automatic transfer of ownership at death — outside your estate and outside court supervision. A quitclaim deed transfers ownership during your lifetime. Once you sign it and record it, the transfer is complete immediately. It does nothing for what happens after you die.

To avoid probate on your Florida home, the right tools are a Lady Bird deed Florida (also called an enhanced life estate deed), a revocable living trust, or a joint tenancy with right of survivorship. Each of these creates a mechanism that passes the property directly to your named beneficiary at death — without probate, without a will, and without court involvement.

If you want to understand the differences between these options, the comparison between a living trust vs Lady Bird deed is a good place to start.

This is where proper estate planning makes all the difference. A quitclaim deed is one tool — but the right deed for protecting your home depends on your situation. I work with Orlando families to choose the deed, trust, or estate planning document that actually achieves their goal. Visit our Lady Bird Deed Florida page or call (407) 798-7744 to talk through your options.

How Do You File a Quitclaim Deed in Florida — Step by Step?

Filing a Florida quitclaim deed correctly is critical. A deed with errors — wrong legal description, missing witness, improper notarisation — may be invalid or unenforceable.

Here is the process:

• Draft the deed — include the grantor’s full legal name, the grantee’s full legal name, and the property’s complete legal description (not just the street address). Florida Statute 689.01 governs deed requirements.
• Sign in front of two witnesses and a notary public — both the grantor’s signature and the witnesses must be present at the same time.
• Pay documentary stamp taxes — Florida charges $0.70 per $100 of consideration. For family transfers with no monetary consideration, the minimum fee applies.
• Record the deed with the Clerk of Circuit Court in the county where the property is located — Orange County, Lake County, Osceola County, or whichever county applies.
• Obtain a copy of the recorded deed for your records — the recorded deed is the legal proof of the transfer.

Once you have transferred the property, it is worth reviewing your overall estate plan to ensure the property is protected long-term. Our guide on how to avoid probate in Florida covers all the tools available to Central Florida families.

Frequently Asked Questions About Florida Quitclaim Deeds

What is a quitclaim deed in Florida?

A quitclaim deed in Florida is a legal document that transfers whatever ownership interest the grantor currently holds in a property to the grantee — with no guarantees about the title’s condition or history. It is commonly used between trusted parties such as family members or spouses.

How does a Florida quitclaim deed differ from a warranty deed?

A warranty deed guarantees that the grantor holds clear title and will defend against any future claims. A quitclaim deed makes no such promise — it transfers only what the grantor owns at the time of signing, with zero title protection for the buyer.

When should you use a quitclaim deed in Florida?

A quitclaim deed is appropriate when transferring property between family members, removing a former spouse after divorce, adding a spouse to a deed after marriage, correcting a name error on an existing deed, or moving a property into a living trust in Florida.

Does a quitclaim deed avoid probate in Florida?

A quitclaim deed alone does not avoid probate in Florida. Probate is avoided when the property passes automatically outside your estate — for example, through a Lady Bird deed, a living trust, or a joint tenancy with right of survivorship. A standard quitclaim deed does not create this automatic transfer on death.

How do you file a quitclaim deed in Florida?

To file a quitclaim deed in Florida, the deed must be signed by the grantor in the presence of two witnesses and a notary public. It is then recorded with the Clerk of Court in the county where the property is located. An attorney can ensure the deed is correctly drafted and legally valid.

Ready to Protect Your Florida Property the Right Way?

Ready to make sure your home goes to the right people — without court delays, disputes, or probate? At Lumsden Law Firm, we help Central Florida families choose the right tool for the job: a properly drafted quitclaim deed, a Lady Bird deed Florida, a revocable trust, or a combination that protects your home for the long term. Call (407) 798-7744 or email info@lumsdenlawfirm.com — I’ll make sure you feel supported every step of the way.

You can also explore our full range of estate planning services for estate planning attorney Orlando families across Central Florida.