The Short Answer

You do not always legally “need” an attorney to draft a Florida quitclaim deed, but when the deed is being used to transfer inherited property (especially after a death), it is easy to create title problems that can be expensive to fix later. In many probate/inheritance situations, the bigger issue is whether a quitclaim deed is even the right tool for the transfer—and that is where a Florida probate attorney is typically worth it.

What Florida Law Says

Florida law sets specific content and recording requirements for quitclaim deeds. Even if a deed is “valid” between the parties, a deed that does not meet recording standards can be rejected by the clerk or create avoidable title defects—both of which can derail a refinance, sale, or later probate cleanup.

The Statute

The primary law governing this issue is Fla. Stat. § 689.025.

This statute establishes a prescribed form for a quitclaim deed and requires, among other things, a proper legal description (and space for the parcel identification number) for the real property interest being conveyed.

In addition, recording is governed by Fla. Stat. § 695.26, which requires specific formatting details (including identifying information for signers, witnesses, and the person who prepared the instrument) before the clerk will record an instrument affecting real property.

Why You Should Speak with an Attorney

While the statutes provide the general rules for quitclaim deeds and recording, applying them to inherited property is rarely simple. Legal outcomes often depend on:

• Strict Recording Requirements: If the deed does not satisfy Florida’s recording requirements (including required identifying information), the clerk may reject it or it may create future title issues. See Fla. Stat. § 695.26.
• Burden of Proof / Title Clarity: With inheritance, you often must prove who has authority to sign (for example, whether a personal representative must convey, or whether title passed outside probate). A quitclaim deed signed by the wrong person can cloud title.
• Exceptions (Homestead and Probate Administration): Florida homestead rules and probate administration rules can change who takes the property and how it should be documented. In many estates, the personal representative’s authority over real property can be limited (especially with protected homestead), and the “right deed” may not be a simple quitclaim deed.

If your question involves a “North Carolina probate inheritance” but the property or the deed is in Florida, that mismatch alone is a red flag—multi-state estates often require coordinated probate steps (or ancillary administration) before a deed transfer is truly marketable. Trying to handle this alone can lead to rejected recordings, delays in closing, or a title company refusing to insure the transfer.

For more background, you may find these helpful:

• Will a Quitclaim Deed Work to Satisfy a Mortgage Lender for Inherited Property in Florida?
• Can I Draft and Record a Quitclaim Deed for an Out-of-State Inheritance in Florida?
• How Do I Disclaim an Inherited Share of Jointly Owned Property in Florida?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.