How to File a Quitclaim Deed in Florida

You’ve decided to transfer property to a family member, move it into a trust, or resolve an ownership issue between co-owners. A quitclaim deed seems like the logical tool for the job—and in many cases, it is. But what looks like a simple form can turn into a costly problem if the paperwork isn’t handled correctly.

Florida has specific legal requirements for quitclaim deeds, and even small errors can get your filing rejected or create ownership disputes down the road. Here’s what the process actually involves—and where things commonly go wrong.

What a Quitclaim Deed Does (and Doesn’t Do)

A quitclaim deed transfers whatever ownership interest the grantor holds in a property to the grantee. It doesn’t guarantee clear title or make any promises about the property’s ownership history. That’s why quitclaim deeds are common in estate planning, divorces, and transfers between family members—situations where both parties already know the property’s history.

The statutory form and requirements for Florida quitclaim deeds are governed by Florida Statutes § 689.025.

Step 1: Prepare the Deed Accurately

The deed must include the full legal names of both the grantor (the person transferring interest) and the grantee (the person receiving it). Names must match government-issued ID exactly—no nicknames, shortened versions, or abbreviations.

The property’s legal description must also be correct. This isn’t the street address. It’s the formal description from the current deed, detailing boundaries and dimensions. If that description is wrong, the transfer may be applied to the wrong property entirely.

You’ll also need to include a return address for the recorded deed, the county where the property is located, and a statement of consideration—the value being exchanged. Even in gift transfers, consideration language matters for enforceability.

Formatting requirements for recorded documents in Florida are established under Florida Statutes § 695.26, which specifies how names, addresses, and preparer information must appear on any instrument submitted for recording.

Step 2: Sign With the Right People Present

Florida requires the grantor to sign the deed in front of two witnesses and a notary—all at the same time. The notary verifies identification and confirms the signing is voluntary. The notary must also complete the acknowledgment section.

That’s five signatures total: grantor, grantee, notary, and two witnesses. Missing even one can get the deed rejected or challenged later. If the grantor becomes unavailable before the issue is caught, correcting the deed becomes significantly more difficult.

These execution requirements are established under Florida Statutes § 689.01.

Step 3: Calculate the Documentary Stamp Tax

Florida charges a documentary stamp tax on most property transfers. The rate is $0.70 per $100 of property value in every county except Miami-Dade, which charges $0.60 per $100 (plus an additional $0.45 per $100 on commercial properties).

As an example: a $300,000 property in Hillsborough County would carry a documentary stamp tax of $2,100.

Gift transfers with no monetary consideration may be exempt—but the calculation still needs to be documented correctly. Underpaying causes delays. Overpaying costs you money. Either way, getting it wrong creates problems at the clerk’s office.

Full rate schedules, exemptions, and payment guidance are available directly from the Florida Department of Revenue’s Documentary Stamp Tax page.

Step 4: Record the Deed With the Right County

The deed must be recorded with the clerk of the county where the property is located—not where you live. This is a common mistake.

You’ll need the original signed deed, payment for any applicable documentary stamp tax and recording fees, and a completed cover sheet if your county requires one. Some counties accept e-recording; others require in-person or mail submission.

Recording times vary. Same-day recording is possible if you file in person in some counties. Mail filings can take days to weeks depending on the clerk’s workload.

Once recorded, the transfer becomes part of the public record and provides constructive notice of the ownership change—but recording alone doesn’t guarantee the deed is legally correct. Errors don’t always surface right away, and fixing a recorded deed means additional legal steps and costs. Florida’s recording statute is codified under Florida Statutes § 695.01.

Can You File One Yourself?

Technically, yes. But the risks are real: incorrect legal descriptions, missing signatures, miscalculated taxes, and incomplete forms are all common DIY pitfalls. Those mistakes can affect your ability to refinance or sell the property later. If your situation involves Medicaid planning, a Lady Bird deed, or an existing mortgage, the stakes are higher and professional guidance is strongly recommended.

See our post about common quitclaim deed filing mistakes.

We’re Here to Help

At Boss Law, we help Florida property owners handle quitclaim deeds correctly the first time. Whether you’re transferring property to a family member, planning your estate, or resolving a co-ownership situation, our team can review the transaction and make sure everything is filed accurately and on schedule.

Questions about a quitclaim deed or an upcoming transfer? Contact Boss Law today at 727-877-3188. A short consultation can save you significant time, money, and frustration down the road.