The Short Answer

In Florida, a quitclaim deed is a document used to transfer whatever ownership interest the signer has in real estate (if any), while a gift is a transfer made without receiving value in return. In an inheritance context, the key issue is that a deed from an heir/devisee may transfer title (or create title problems) without resolving whether probate is required or whether other heirs have rights.

What Florida Law Says

A quitclaim deed is a type of conveyance that transfers the grantor’s “right, title, interest, claim, and demand” in the property—without warranties. That means it can be used by an heir or beneficiary to transfer their interest after a death, but it does not guarantee clean title, and it does not substitute for probate when probate is needed to establish who has authority to transfer the decedent’s property.

The Statute

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

This statute establishes the required form and key content for a Florida quitclaim deed, reflecting that the deed transfers only the grantor’s existing interest (if any) in the described real property.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If an heir (or multiple heirs) records a deed purporting to convey the decedent’s interest, Florida can limit later claims by other heirs after 7 years in certain situations. See Fla. Stat. § 95.22.
• Burden of Proof: If the property is passing under a will, the will generally must be admitted to probate to be effective to prove title or the right to possession—issues that can become contested if someone tries to “paper over” the transfer with a deed. See Fla. Stat. § 733.103.
• Exceptions: “Gifts” made during life can be treated as an advancement against an heir’s share in an intestate estate only if there is the right kind of writing—an issue that can change who gets what and often triggers disputes. See Fla. Stat. § 733.806.

Trying to handle this alone can lead to title defects, family disputes, or a transfer that later gets challenged—especially when multiple heirs, creditor issues, or an unprobated will are involved.

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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.