[FL] Can a lady bird deed be recorded if it was signed by witnesses but not notarized?

Lexi, Chatbot

I understand that navigating the recording process can be challenging. Have you already signed the Lady Bird Deed?

Lexi, Chatbot

Which county are you looking to record the deed in?

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Jon

This is in Manatee County, Florida?

Jon

Great! Since you've already signed the Lady Bird Deed, the next step is to ensure you have all the necessary documents ready for recording. Do you have the original deed and any required identification documents with you?

Jon

I'm really sorry to hear about the impact of Hurricane Helene and Milton on your home. That sounds incredibly challenging.

Let's work through this together. Since you've lost the original deed, you can obtain a certified copy from the Manatee County Clerk's office. They should have records of your property deeds. Would you like guidance on how to request a copy from them?

Jon

Thank you. Have you signed and had the Lady Bird Deed notarized yet?

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I’ll get started right away.

Jon

Since you have a signed document that was never notarized, there’s one key issue that has to be fixed before Manatee County can record it. In Florida, a deed cannot be accepted by the county clerk unless it is properly notarized.

Even if you and the witnesses already signed it, the clerk is not allowed to record it without a notary public officially verifying those signatures.

That means you’ll need to start over with a new copy of the Lady Bird Deed and complete the signing process again from the beginning.

You’ll need to print a fresh copy of the same Lady Bird Deed you used before.

Once you have that, you, your wife, and two witnesses must all sign the deed while physically present in front of a notary public. The notary will then notarize the document so it meets Florida’s recording requirements.

Many banks provide notary services at no cost for customers, and because you’re in a disaster recovery area, you may also find mobile notaries offering help.

When you’re ready to record the deed, there will be recording fees due to Manatee County (FL Stat § 28.222 (3)(a)). The usual charge is $10.00 for the first page and $8.50 for each additional page. Since a Lady Bird Deed transfers an interest in property, there is often a small documentary stamp tax as well, typically around $0.70 when no money is changing hands.

Once the deed is properly notarized and the fees are ready, you can submit it to the Manatee County Clerk in a few different ways. You can take it in person to the Manatee County Historic Courthouse at 1115 Manatee Avenue West in Bradenton, which is often the easiest option if you have questions.

You can also mail the original notarized deed along with a check for the fees to the Clerk of the Circuit Court. Some third-party services offer electronic recording, but they usually charge additional service fees on top of the county’s costs.

Jon

You’re welcome!