[FL] Do I use a quitclaim deed to transfer ownership?
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In Florida, if the original deed does not state “tenants by the entirety” or “joint tenants with right of survivorship,” it is held as tenants in common, which means your father’s share would go through probate unless changed. A quitclaim deed can transfer his interest to your mother and you now, but it must be properly drafted, signed by him (or by your mother under valid power of attorney with the right to gift), notarized, and recorded in the county where the property is located.
To avoid probate, the deed should clearly state the form of ownership after transfer, such as “joint tenants with right of survivorship” between you and your mother.
Was that clear, or were there any details I may have missed?
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Hello Sir -- My father has two inoperable brain tumors and will pass away once treatment concludes. My parents are trying to make sure the ownership of their home is written under my mother and me. I have put together a quitclaim deed for the state of Florida, but I’m not sure if this is all I need in order to make this happen. It doesn’t mention anything about survivorship or ownership transferring to us upon his death. Could I have you review the original deed and the quitclaim?
I’m really sorry to hear about your father’s condition; that must be incredibly difficult for your family. Have you already discussed the quitclaim deed with your mother and father to ensure everyone is on the same page?
Yes, we’re all on the same page.
Is the original deed currently in your father’s name only, or is it jointly held with your mother?
Jointly held with my mother.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your quitclaim deed.
My mother has a power of attorney signed and notarized by my father.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Does the current deed specify that the property is held as tenants by the entirety or as joint tenants with right of survivorship?
Hello - I don’t see either of those terms listed on the original deed at all. I was hoping to have someone review the original deed as well as my quitclaim deed to see if they are correct.
Understood! So you're just wondering what you need to do here, correct?
Well, I have an idea of what I need to do, but yes, I’m trying to see if I have done everything correctly to ensure ownership is transferred to my mother and myself, to avoid the property going into probate when he passes.
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
In Florida, if the original deed does not state “tenants by the entirety” or “joint tenants with right of survivorship,” it is held as tenants in common, which means your father’s share would go through probate unless changed. A quitclaim deed can transfer his interest to your mother and you now, but it must be properly drafted, signed by him (or by your mother under valid power of attorney with the right to gift), notarized, and recorded in the county where the property is located.
To avoid probate, the deed should clearly state the form of ownership after transfer, such as “joint tenants with right of survivorship” between you and your mother.
Was that clear, or were there any details I may have missed?
Yes, I understand everything you have stated. I’m getting confused with the quitclaim deed template I’ve put together. Even though I selected “Joint” when putting the template together, it doesn’t state “joint tenants with right of survivorship” anywhere on the quitclaim deed template I’m working with.
I hear you! If the quitclaim deed does not explicitly say “joint tenants with right of survivorship,” then survivorship rights will not be created under Florida law. Simply selecting “Joint” on a template is not enough, as the required wording must appear in the deed itself. You will need to add clear survivorship language so that your mother automatically becomes full owner without probate when one of you passes.
So, do I need to have an attorney draft the actual quitclaim deed? The template doesn’t give me an option to add verbiage like that.
Yes, it would be wise to have a Florida real estate attorney draft the quitclaim deed so the correct survivorship language is included. Without that specific wording, the deed will not avoid probate for your father’s share. An attorney can also ensure the document is properly signed, notarized, and recorded to make it legally effective.
I don’t have any specific contacts; however, I can do the next best thing. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people. You can find Florida's here - www.floridabar.org
You can also return to this site and ask questions to me as you go through this process to keep your costs down.
Okay, thank you. I’ll get to work on that.
I guess that answers my question.
I'm very sorry about that! I want to ensure you feel completely satisfied with our conversation.
Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
I don’t have any questions for you besides that. Thank you.
Thank you so much for contacting us! We're happy to help whenever you need it.
