Oldham Law Logo

Call Us Now

A Florida quitclaim deed transfers whatever ownership interest the grantor currently holds in a property — no more, no less, and with no guarantees about the quality of that title. If you need to move property quickly within a family, clear a name from a title, or correct a clerical error on a prior deed, this is often the right instrument. Here is what to do next:

  • Obtain the statutory form language prescribed by Florida Statutes §689.025 or a county clerk template.
  • Confirm the exact legal description from a prior recorded deed or your county property appraiser’s records.
  • Add the parcel identification number where available.
  • State the consideration (nominal or zero consideration is common for gifts).
  • Sign before a Florida notary with two witnesses present.
  • Record the original deed with the clerk of the circuit court in the county where the property sits.

Oldham Law PLLC serves clients throughout Pinellas County, St. Petersburg, and Tampa Bay and can help you prepare, review, and record a compliant deed.


Key Takeaways

A Florida quitclaim deed transfers only the grantor’s current interest in property, with no title warranties, and must comply with F.S. §689.025 and F.S. ch. 695 to be recorded and effective.

PointDetails
No title warrantiesA quitclaim deed conveys only what the grantor owns; the grantee has no recourse if title is defective.
Statutory form requiredF.S. §689.025 prescribes the form language, legal description, and parcel ID blank — follow it exactly.
Recording rules are strictF.S. §695.26 requires printed names beneath signatures and preparer ID; missing either causes clerk rejection.
Costs vary by countyRecording fees depend on page count; documentary stamp tax may apply — verify both with your county clerk before filing.
Oldham Law PLLC can helpThe firm prepares, reviews, and records compliant quitclaim deeds for clients throughout Pinellas County and Tampa Bay.

What is a quitclaim deed in Florida, and how does it differ from a warranty deed?

A quitclaim deed conveys only the grantor’s present interest in a property. The deed makes no promises that the grantor actually owns anything, that the title is clear, or that no liens exist. If the grantor holds a full fee simple interest, the grantee receives that. If the grantor holds nothing, the grantee receives nothing.

That is the fundamental difference from a warranty deed. A general warranty deed guarantees the title against all defects, whether they arose before or during the grantor’s ownership. A special warranty deed limits that guarantee to defects that arose only during the grantor’s period of ownership. A quitclaim deed offers no warranty at all.

The Florida Bar Journal notes that practitioners recommend warranty deeds for arm’s-length sales precisely because buyers in those transactions need title protection. Quitclaims are appropriate when the parties already know and trust each other, or when the transfer is not a sale at all.

FeatureQuitclaim DeedGeneral Warranty DeedSpecial Warranty Deed
Title guaranteeNoneFull, all periodsLimited to grantor’s ownership period
Typical useIntra-family, gifts, title correctionsArm’s-length salesCommercial sales, some refinances
Buyer protectionNoneStrongestModerate
Speed and simplicityHighModerateModerate
Risk to granteeHigh if title is unclearLowMedium

Conceptual wooden blocks symbolizing deed types comparison

Florida Statutes §689.025 prescribes the statutory form language for a quitclaim deed, and F.S. ch. 695 governs how the deed must be recorded to be effective against creditors and later purchasers. Understanding both statutes is the starting point for any Florida property transfer by quitclaim.


Common Florida uses for quitclaim deeds

Quitclaim deeds show up in a predictable set of situations across Florida. Knowing whether your situation fits one of these patterns helps you decide whether this instrument is right for you.

  • Intra-family transfers. Parents adding an adult child to a title, siblings dividing inherited property, or spouses transferring property between themselves all commonly use quitclaim deeds because the parties trust each other and a warranty is unnecessary. For a full walkthrough of transferring property to a family member, Oldham Law PLLC has a dedicated guide.
  • Clearing a spousal interest. After a marriage ends, one spouse may need to sign off any remaining interest in a marital home. A quitclaim deed accomplishes that efficiently.
  • Transfers to or from a trust. Moving real property into a revocable living trust, or back out of one, is a standard estate planning step that typically uses a quitclaim deed.
  • Correcting scrivener errors. A misspelled name, a wrong legal description, or a missing middle initial on a prior deed can cloud title. A corrective quitclaim deed, sometimes called a deed of correction, fixes the record.
  • Gifting property. When no money changes hands, there is no need for a warranty. A quitclaim deed documents the gift clearly.

Pro Tip: If the property you are transferring is your Florida homestead, stop before you sign. Homestead property carries constitutional protections that affect how it can be conveyed, and a quitclaim deed that does not comply with those rules may be voidable. Consult an attorney before transferring homestead property by quitclaim.


What does Florida law require in a quitclaim deed?

Florida Statutes §689.025 sets out the statutory form of a quitclaim deed and the elements it must contain. Meeting every requirement is not optional — a deed missing required items may be rejected at recording or create title problems later.

Required deed elements under F.S. §689.025:

  • The statutory form language: “quitclaim to” followed by the grantee’s name
  • Full legal names and mailing addresses of both grantor and grantee
  • A statement of consideration (the amount paid or nominal consideration)
  • The complete legal description of the property, legibly printed, typewritten, or stamped on the deed
  • The county where the property is located
  • A blank space for the parcel identification number (omitting it does not void the conveyance, but include it when available)
  • Grantor’s signature

Recording requirements under F.S. §695.26:

  • Printed or typed names and addresses directly beneath each signature
  • Identification of the person who prepared the deed (name and address of the preparer)
  • Two witnesses to the grantor’s signature
  • A notary acknowledgment with the notary’s signature, seal, and commission expiration date

The Florida House’s published statute text confirms that the legal description must be legibly printed, typewritten, or stamped — a handwritten legal description that is difficult to read is a common cause of clerk rejection. Clerks apply these requirements strictly, and a deed missing printed names beneath signatures or preparer identification will typically be returned unfiled.


How do you fill out a Florida quitclaim deed step by step?

Working through the form in order prevents the most common drafting mistakes. Here is the sequence that keeps things clean.

  1. Obtain the correct form. Start with the statutory language from F.S. §689.025 or a county clerk template. The Alachua County Clerk’s fillable quitclaim deed PDF is a widely referenced example of what a county template looks like, though you should use your own county’s form when one is available.
  2. Locate the exact legal description. Pull it from the most recent recorded deed or from your county property appraiser’s website. Copy it character-for-character — even a minor variation can create a gap in the chain of title.
  3. Add the parcel identification number. Find this on your county property appraiser’s site or on a prior tax notice. Enter it in the space the form provides.
  4. State the consideration. For a gift or intra-family transfer, “$10 and other good and valuable consideration” is common. For a transfer with no money changing hands at all, “$0” or “love and affection” may be used, but be aware this affects documentary stamp tax calculations.
  5. Print grantor and grantee names and addresses beneath the signature lines. This is a statutory requirement under F.S. §695.26 and one of the most frequent reasons clerks reject deeds.
  6. Add preparer information. The name and address of the person who prepared the deed must appear on the instrument.
  7. Sign before a Florida notary with two witnesses. The grantor signs; two witnesses sign; the notary acknowledges the grantor’s signature and affixes the seal.
  8. Make copies before recording. Keep at least one copy for the grantor and one for the grantee before submitting the original.

Pro Tip: Never copy a legal description from a tax bill or county website map. Those sources sometimes abbreviate or paraphrase the description. The recorded deed or the county property appraiser’s official legal description field is the only reliable source. A miscopied description can render the transfer ineffective for the parcel you intended to convey.

Quitclaim deeds also do not release mortgages or liens. If the property carries a mortgage, the lender’s consent may be required, and the debt does not disappear because ownership changed hands. Review Florida real estate contract law for context on how encumbrances interact with deed transfers.


How do you record a quitclaim deed in Florida?

Recording happens at the clerk of the circuit court in the county where the property is located — not where the grantor lives, not where the grantee lives, but where the land sits. That distinction matters because Florida’s recording acts under F.S. §695.01 make a recorded conveyance effective against creditors and subsequent purchasers from the moment of recording.

What to bring or submit:

  • The original signed, witnessed, and notarized deed
  • The recording fee (varies by county and page count — confirm the current fee schedule on your county clerk’s website before you go)
  • Any required cover sheet the county clerk specifies
  • A self-addressed stamped envelope if submitting by mail, so the clerk can return the recorded original

Common reasons clerks reject deeds:

  • Missing printed names and addresses beneath signatures
  • Missing preparer identification
  • Incomplete or illegible legal description
  • Notary acknowledgment errors (wrong county, expired commission, missing seal)
  • Incorrect or missing recording fee

Most county clerks process walk-in recordings the same day or within one to two business days. Mail submissions typically take one to three weeks depending on volume. E-recording, where available, is often the fastest option and can result in same-day or next-day recording. Always confirm whether your county clerk accepts e-recording and which platforms they use.

Submission MethodTypical Processing TimeNotes
Walk-inSame day to 1 business dayBring exact fee or check county fee schedule
Mail1–3 weeksInclude self-addressed stamped envelope
E-recordingSame day to 1 business dayConfirm county acceptance and platform

Diagram comparing deed recording methods with timings


What does it cost to record a quitclaim deed in Florida?

Two main costs apply to most Florida quitclaim deed recordings: the clerk’s recording fee and, in many cases, documentary stamp tax.

Recording fees are set by each county and are based on the number of pages. Fees vary, so verify the current schedule directly with your county clerk before filing. A typical deed runs several pages, and the per-page fee structure means a longer deed costs more to record.

Documentary stamp tax is a state tax on deeds conveying Florida real property. The rate and whether it applies depends on the nature of the transfer. Gifts between family members, transfers with no monetary consideration, and certain trust transfers may be treated differently than sales. For a thorough explanation of how this tax works and when exemptions may apply, Oldham Law PLLC’s guide on Florida documentary stamp tax covers the rules in detail. Always verify your specific situation with a tax professional or the county clerk before assuming an exemption applies.

A few additional points worth knowing:

  • A quitclaim deed does not satisfy or release any existing mortgage. The lender’s lien remains on the property regardless of who now holds title.
  • If the property has unpaid assessments, code enforcement liens, or judgment liens, those encumbrances survive the transfer.
  • Confirm with the county clerk whether a documentary stamp tax affidavit or other supporting document is required at recording.

What are the risks of a quitclaim deed, and when should you hire an attorney?

The speed and simplicity of a quitclaim deed come with real trade-offs. Understanding those trade-offs before you sign protects you from problems that can take years and significant expense to untangle.

Primary risks:

  • No title warranties. If someone else has a superior claim to the property, the grantee has no recourse against the grantor under the deed itself.
  • Liens and mortgages survive. Existing encumbrances do not disappear. The Florida Bar Journal specifically warns that DIY quitclaim deeds can become traps when liens or complex title histories are involved.
  • Homestead complications. Florida’s constitutional homestead protections impose specific rules on how homestead property can be conveyed. A deed that does not comply may be challenged or voided.
  • Unintended tax consequences. Transferring property can trigger documentary stamp tax, affect property tax exemptions (including the homestead exemption), or create gift tax considerations at the federal level.
  • Boundary disputes. A quitclaim deed conveys only what the grantor has. If the legal description is wrong or disputed, the deed does not resolve that problem.

Common filing mistakes:

  • Imprecise or paraphrased legal descriptions
  • Missing printed names and addresses beneath signatures (a frequent clerk rejection under F.S. §695.26)
  • Improper notary acknowledgments
  • Using a quitclaim deed for an arm’s-length sale where a warranty deed is the appropriate instrument

When to hire a Florida real estate attorney:

Warning: If the property is your homestead, carries an active mortgage, has a disputed ownership history, or involves multiple heirs or beneficiaries, do not rely on a DIY form. The cost of a short attorney review is a fraction of what title litigation costs later.

Hire an attorney when the property is homestead, when any debt is secured by the property, when the title history is unclear, when the transfer involves a trust or estate, or when the financial stakes are material. For situations where a quitclaim deed cannot fix the underlying title problem, a quiet title action may be necessary instead. Oldham Law PLLC’s guide on quick deed risks covers the practical pitfalls in detail.


What does the statutory form language look like, and what should your filing checklist include?

Florida Statutes §689.025 provides the prescribed form language. The core operative phrase reads:

Download the full statutory text from the Florida Senate’s statute page or the Florida House’s version. For a county-specific template, the Alachua County Clerk’s fillable PDF is a useful reference, though it carries a “use at your own risk” notice common to county templates. Always use your own county’s form when one is published.

Filing checklist:

  • Statutory form language or county template completed in full
  • Exact legal description copied from a recorded deed or county property appraiser records
  • Parcel identification number entered in the designated space
  • Consideration stated clearly
  • Grantor and grantee full names and mailing addresses printed beneath signature lines
  • Preparer’s name and address on the deed
  • Two witnesses’ signatures
  • Notary acknowledgment with seal and commission expiration date
  • Recording fee confirmed with the county clerk
  • Copies made for grantor and grantee before submitting the original

Recording a quitclaim deed in Pinellas County: a local walkthrough

If your property is in Pinellas County, the deed is recorded with the Pinellas County Clerk of the Circuit Court. The clerk’s office handles real property recordings and publishes its current fee schedule and submission instructions on the county website — check there before you file, because fees and procedures can change.

Practical tips for Pinellas County filings:

  • Verify the current recording fee. The fee is based on page count. Confirm the per-page rate on the Pinellas County Clerk’s website before you arrive or mail your deed.
  • Check e-recording availability. Pinellas County accepts e-recording through approved platforms. E-recording is often faster than mail and avoids the risk of documents being lost in transit.
  • Bring multiple copies. Keep at least one copy for each party. If mailing, include a self-addressed stamped envelope so the clerk can return the recorded original.
  • Confirm any required cover sheet. Some counties require a specific cover sheet or return address page. Check the clerk’s current submission requirements.
  • Verify the documentary stamp tax calculation. The clerk’s office can confirm whether a tax affidavit or additional documentation is required for your specific transfer type.

Oldham Law PLLC is located in Pinellas Park and regularly assists clients throughout Pinellas County and St. Petersburg with deed preparation, statutory compliance review, and coordinating recording with the county clerk.


Why lawyer review often matters more than people expect with quitclaim deeds

Most people who search for a Florida quitclaim deed form are looking for a fast, low-cost solution. That instinct makes sense. But the situations where a quitclaim deed is genuinely simple — a clear intra-family gift with no mortgage, no homestead complications, and a clean title history — are narrower than most people realize.

What Oldham Law PLLC sees in practice is that small drafting errors cause disproportionate problems. A legal description that omits one line from the recorded deed. A notary acknowledgment that names the wrong county. Printed names missing from beneath a signature line. Any of these can result in clerk rejection, and if the deed somehow gets recorded despite the error, the title defect travels with the property until someone pays to fix it. A corrective deed, a quiet title action, or title insurance litigation is far more expensive than a short attorney review at the outset.

The cases where a DIY quitclaim is genuinely acceptable are real: a parent adding an adult child to a clear, unencumbered title with no homestead complications, for example. But the moment a mortgage is involved, the property is a homestead, there are multiple potential heirs, or the title history has any gaps, the risk profile changes substantially. The Florida Bar Journal’s guidance on quitclaim deed risks reflects exactly this practitioner consensus.

The honest answer is that attorney review is not always necessary — but knowing which category your situation falls into requires the same legal judgment you are trying to avoid paying for.


Oldham Law PLLC can prepare and record your Florida quitclaim deed

Preparing a deed that satisfies F.S. §689.025 and passes the clerk’s checklist under F.S. ch. 695 takes more precision than most online templates provide. Oldham Law PLLC handles the full process for clients in Pinellas County, St. Petersburg, and Tampa Bay: locating the correct legal description, drafting a compliant deed, reviewing for homestead or lien issues, and coordinating recording with the county clerk.

Oldham Law PLLC

Flat-fee and hourly options are available for deed work, depending on the complexity of your situation. If you have questions about homestead protections, an existing mortgage, or whether a quitclaim deed is the right instrument for your transfer, a short consultation is the fastest way to get a clear answer. Contact Oldham Law PLLC through Oldfllaw to schedule a consultation or ask a quick question about your property transfer.


Official statutes and county forms: where to get what you need

Before drafting your deed, download the authoritative sources rather than relying on generic online templates.

Statutory text:

County forms:

  • Alachua County Clerk fillable quitclaim deed PDF — a widely referenced example of a county template (note the “use at your own risk” disclaimer)
  • For Pinellas County, visit the Pinellas County Clerk of the Circuit Court website for current forms, fee schedules, and e-recording instructions

Practical reminders:

  • Save a copy of every source document before recording — the clerk keeps the original.
  • Prefer your county clerk’s own template over generic online forms when one is published.
  • eForms and third-party template sites exist, but the statute text and county clerk templates are the authoritative starting points.

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

Sources

FAQ

What are the rules for a quitclaim deed in Florida?

A Florida quitclaim deed must follow the statutory form in F.S. §689.025, include a complete legal description and parcel ID, and meet the recording requirements of F.S. §695.26, including printed names beneath signatures, preparer identification, two witnesses, and a notary acknowledgment.

How much does it cost to record a quitclaim deed in Florida?

Recording fees vary by county and are based on page count; confirm the current per-page rate with your county clerk before filing. Documentary stamp tax may also apply depending on the nature of the transfer, so verify your specific situation with the clerk or a tax professional.

Can you prepare your own quitclaim deed in Florida?

Yes, Florida law does not require an attorney to prepare a quitclaim deed, and county clerks provide fillable templates. However, the Florida Bar Journal cautions that DIY deeds frequently cause recording delays or long-term title problems when homestead rights, liens, or complex title histories are involved.

What are the disadvantages of a quitclaim deed?

A quitclaim deed provides no title warranties, so the grantee has no legal recourse against the grantor if the title turns out to be defective. Existing liens, mortgages, and encumbrances also survive the transfer and remain on the property regardless of who holds title.

Where do you record a quitclaim deed in Florida?

Record the deed with the clerk of the circuit court in the county where the property is located, not where the grantor or grantee lives. Recording makes the conveyance effective against creditors and subsequent purchasers under Florida’s recording acts.

Click to Call Us