Quitclaim Deed vs. Lady Bird Deed: What’s the Difference and Why It Matters in Florida
In the world of property ownership and estate planning, not all deeds are created equal. If you're navigating real estate transfers in Florida—especially when it comes to estate planning or family property—you’ve likely heard of quitclaim deeds and Lady Bird deeds. But what do they really mean? And how do they differ?
Let’s break it down.
What Is a Quitclaim Deed?
A quitclaim deed is often considered the simplest way to transfer property—but also the riskiest if you're on the receiving end. Here’s what makes it unique:
Immediate Transfer: The property is transferred as soon as the deed is signed and recorded.
No Guarantees: The grantor (person transferring the property) is not making any guarantees about the title. They’re simply handing over whatever ownership interest they have—no more, no less.
Common Uses: You’ll often see quitclaim deeds used in divorces, intra-family transfers, or when placing property into a trust.
Irrevocable: Once the deed is executed and recorded, there’s no turning back.
What Is a Lady Bird Deed (Enhanced Life Estate Deed)?
The Lady Bird deed is a powerful tool for estate planning, particularly in Florida. It offers more flexibility and control than a quitclaim deed—especially when planning for what happens to property after death.
Retained Control: The grantor keeps full ownership and control of the property during their lifetime. That means they can live in it, rent it, or even sell it—no restrictions.
Automatic Transfer: Upon the grantor’s passing, the property transfers directly to the named beneficiary—without going through probate.
Revocable: Unlike a quitclaim deed, a Lady Bird deed can be changed or canceled at any time.
Estate Planning Advantages: It can help avoid probate, simplify the inheritance process, and may even protect the property from Medicaid estate recovery in certain cases.
Witness Requirements in Florida
Florida law requires two disinterested witnesses for deed conveyances—meaning people who don’t stand to benefit from the property transfer. The notary may serve as one of the two witnesses, but they cannot also be a beneficiary.
This step is crucial to ensure the document’s validity, especially when recording with the county.
Need a Lady Bird Deed Drafted?
If you're interested in using a Lady Bird deed as part of your estate plan, I’ve got a resource for you. My friends at LadyBirdDeedNow.com specialize in preparing Lady Bird deeds tailored for Florida property owners.
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Final Thoughts from B. Elise’s Desk
Understanding the purpose and power behind each type of deed is essential for both real estate transactions and estate planning. While a quitclaim deed is fast and simple, it’s not always ideal for long-term planning. On the other hand, a Lady Bird deed provides flexibility, control, and peace of mind—especially if you’re thinking about what happens to your property after you’re gone.
As always, it’s smart to consult with a legal or estate planning professional when deciding which type of deed is right for your unique situation.
Need a document notarized or witnessed?
Reach out to B. Elise Notary Services—where professionalism, clarity, and peace of mind come standard.
