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Free Quit Claim Deed Form — Florida

Use this free Florida quit claim deed form to transfer real property between individuals, family members, corporations, or trusts. Deeds are recorded with the Clerk of Circuit Court in the county where the property is located. Florida requires two witnesses in addition to notarization. The Documentary Stamp Tax is $0.70 per $100 of consideration (Miami-Dade County uses a different rate structure).

Common Uses for a Quit Claim Deed in Florida

Florida quit claim deeds are most frequently used in divorce settlements, where one spouse signs over their interest in the marital home to the other. Adding a new spouse to a property title after marriage is another common use. Florida residents extensively use quit claim deeds to transfer real estate into revocable living trusts, which avoids the state's relatively lengthy probate process. Snowbirds and retirees who own property in multiple states sometimes use quit claim deeds to move Florida property into a trust or LLC. Correcting a name error or updating an outdated title after a death in the family are also frequent applications.

Florida Quit Claim Deed Form

Florida Quit Claim Deed Form

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Your deed needs to be notarized before recording

All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.

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Florida Quit Claim Deed Requirements

Before recording a quit claim deed in Florida, make sure the document meets these requirements:

  • ✓Deed must be in writing and signed by the grantor(s)
  • ✓Grantor's signature must be notarized AND attested by two witnesses
  • ✓Property must be identified by its legal description
  • ✓Deed must name the grantor(s) and grantee(s) by full legal name
  • ✓Must be recorded with the Clerk of Circuit Court in the county of the property
  • ✓Documentary Stamp Tax: $0.70 per $100 of consideration (Miami-Dade differs)
  • ✓Recording fees are paid at time of filing

After You Record Your Deed in Florida

After the Clerk of Circuit Court records your deed, the original is returned to the grantee or the designated return address. Recording times and fees vary by county. The Clerk's office updates the official land records, and the county Property Appraiser receives notification of the transfer to update property tax records. The grantee is responsible for Florida property taxes from the date of transfer. Keep the recorded deed in a safe location as it is your primary proof of ownership.

Florida Quit Claim Deed FAQ

Does a quit claim deed need to be notarized in Florida?

Yes. Florida statute 695.26 requires the grantor's signature to be acknowledged before a notary public AND witnessed by two adults. All three parties must be physically present at the same time when the grantor signs. Online notarization through a service like NotaryLive can coordinate the notarization, but two in-person witnesses are still required at the time of signing.

Where do I record a quit claim deed in Florida?

You file the deed with the Clerk of Circuit Court in the county where the property is located. Florida has 67 counties, each with its own Clerk of Circuit Court. Recording fees vary by county and are based on the number of pages in the deed.

Is there a transfer tax in Florida?

Yes. Florida imposes a Documentary Stamp Tax of $0.70 per $100 of consideration (or fraction thereof) for most counties. Miami-Dade County uses a different rate structure: $0.60 per $100 for transfers of single-family residences with a purchase money mortgage, and $0.45 per $100 for other transfers, plus an additional surtax. Transfers with no consideration, such as gifts between family members, may still be subject to Documentary Stamp Tax based on the amount of any assumed mortgage.

Can I use a quit claim deed to transfer property to a family member in Florida?

Yes. Transfers between family members are among the most common uses of quit claim deeds in Florida. If the transfer involves no consideration, the Documentary Stamp Tax may be minimal or based only on any outstanding mortgage being assumed. Confirm the tax treatment with the Clerk of Circuit Court or a Florida real estate attorney.

Who can serve as a witness for a quit claim deed in Florida?

Florida requires two witnesses who are adults and who are not parties to the deed. The notary public may not serve as one of the two required witnesses. Family members can generally serve as witnesses, though some attorneys recommend using disinterested third parties. Both witnesses must observe the grantor's signature in person and sign the deed in the grantor's presence.

Are there exemptions to the Florida Documentary Stamp Tax?

Florida provides limited exemptions. Transfers between spouses when the only consideration is an assumed mortgage may be taxed only on the outstanding mortgage balance. Transfers to a living trust where the grantor is also the trustee and beneficiary may be exempt. Certain court-ordered transfers in divorce proceedings may also qualify. The Florida Department of Revenue publishes guidance on exemptions, and a Florida real estate attorney can advise on your specific situation.

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