Detailed Answer
When a decedent’s heirs need to transfer their inherited interest in real property located outside Florida, they typically use either a Personal Representative’s Deed (after probate) or a Quitclaim Deed (to avoid probate). Below is an overview of each option under Florida law and the recording process.
1. Personal Representative’s Deed (After Probate)
If the decedent’s estate is probated in Florida, the court-appointed personal representative obtains authority to convey real property under Florida Probate Code Chapter 733. This deed usually includes full warranty covenants, assuring buyers of clear title.
Key requirements:
- Include a complete legal description as required by Fla. Stat. § 695.02.
- Be signed and acknowledged before a notary per Fla. Stat. § 695.01.
- Pay Documentary Stamp Tax according to Fla. Stat. § 201.02.
2. Quitclaim Deed (Without Probate)
Heirs holding title by intestacy can use a quitclaim deed to transfer any interest they possess. This instrument offers no warranties, so purchasers often require title insurance.
General steps for any deed:
- Obtain the accurate legal description from the other jurisdiction.
- Draft the deed with grantor(s), grantee(s), and consideration.
- Have all grantors sign before a notary and include the notarial certificate.
- Submit the original deed to the recorder or clerk in the county where the property lies.
- Pay the applicable recording fees and transfer or stamp taxes.
Note: Recording requirements vary by state. Always verify local rules in the jurisdiction where the property is located.
Disclaimer: This article provides general information under Florida law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Confirm whether Florida probate is required before choosing the deed type.
- Check recording fees and transfer tax requirements in the out-of-state jurisdiction.
- Consider title insurance if you use a quitclaim deed.
- Ensure the legal description matches the one on the original deed.
- Keep certified copies of all recorded documents for your records.