When planning your estate in Florida, one of the most important questions to consider is: How should your real estate be titled or transferred? The type of deed you choose can make a big difference in how smoothly your property passes to your loved ones—and whether it avoids probate altogether.
Let’s take a closer look at the most common types of deeds used in Florida estate planning, and what makes each one unique.
A General Warranty Deed (Fla. Stat. §689.02) provides the strongest level of protection to the buyer or recipient of property.
The grantor (the person transferring the property) guarantees they have clear title and the legal right to sell, and that the property is free from any encumbrances—past or present. If any title problems arise later, the grantor is responsible for resolving them.
While warranty deeds are most common in real estate sales, they are sometimes used in estate planning when transferring property into a revocable living trust or between family members while maintaining clear title assurances.
A Quitclaim Deed transfers whatever interest the grantor has in a property—without any guarantees about title or ownership.
Because it provides no warranties, it’s typically used between trusted parties, such as family members, or when transferring property into a trust or LLC.
For estate planning, a quitclaim deed can be a simple way to:
However, quitclaim deeds should be prepared carefully. An error in wording or recording can create title issues down the road.
One of Florida’s most powerful estate planning tools is the Enhanced Life Estate Deed, often called a Lady Bird Deed.
This deed allows you (the life tenant) to:
Lady Bird Deeds are recognized and commonly used in Florida (though not in every state), making them an excellent probate-avoidance tool for homestead property.
Under Florida law, this type of deed can also help preserve Medicaid eligibility, since it does not trigger a transfer penalty and keeps the property part of your homestead for tax purposes.
A traditional Life Estate Deed also allows a property owner to name a remainder beneficiary who automatically inherits the property after the owner’s death.
However, unlike a Lady Bird Deed, a traditional life estate deed limits your control—you can’t sell or mortgage the property without your remainder beneficiary’s consent.
For that reason, most Floridians prefer the enhanced version (Lady Bird Deed) for greater flexibility.
A Personal Representative’s Deed is used during probate to transfer property from a deceased person’s estate to the rightful heirs or beneficiaries.
Authorized under Florida Probate Code, Chapter 733, the personal representative executes this deed after receiving court approval or as part of the administration process.
This type of deed is not used in planning, but understanding it is helpful—because if your estate avoids probate (for example, through a trust or Lady Bird Deed), you’ll never need one.
When a property is owned by a trust, transfers are often handled through a Trustee’s Deed.
The trustee executes this deed to convey real estate to a beneficiary or buyer according to the terms of the trust. Under Fla. Stat. §689.07, a trustee’s authority and obligations must be clearly stated to ensure proper conveyance.
Trustee’s deeds are common in well-structured estate plans because they allow property to pass privately—without probate court involvement.
The right deed depends on your goals, family structure, and how you plan to hold or pass your property. For example:
Because Florida’s homestead and property laws are highly specific, even a small mistake in drafting or recording a deed can lead to unintended tax or ownership consequences.
Your deed is more than just a piece of paper—it’s a key part of your Florida estate plan. The right choice can protect your home, avoid probate, and make life much easier for your family later.
Before signing or recording any deed, consult a Florida estate planning attorney who can ensure your documents comply with Florida Statutes Chapters 689 and 733, and that your plan works exactly as you intend.
Ready to put your plan in place? Give us a call today.
