Florida Warranty Deed

Florida Warranty Deed Requirements

A Florida warranty deed gives title covenants and is commonly used in sale transactions. Use title-company review for purchase transactions, homestead issues, and transfer tax questions.

Create a FL warranty deed Warranty vs quitclaim guide

Notary

Florida deeds are normally acknowledged before a notary or other authorized officer for recording.

Witnesses

Florida requires two subscribing witnesses for conveyances of real estate interests.

Record with

Clerk of court/official records in the county where the property is located

Warranty deed recording rules in Florida

Florida is a key outlier because deeds generally need two subscribing witnesses, and recording practice also requires proper acknowledgment. Documentary stamp tax and county recording rules matter.

Transfer tax: Florida documentary stamp tax may apply. Required or common form: County official-records cover pages and documentary stamp details may be required.

Reference: Florida Statutes Sections 689.01 and 695.03. This is general educational information, not legal advice. County recorder rules can change.

Florida checklist before recording

Include grantor and grantee names, property county, parcel details, and full legal description.
Have the grantor sign in the presence of two subscribing witnesses.
Use a proper notary acknowledgment for recording.
Confirm documentary stamp tax and county official-recording fees.
Record with the county clerk/official records where the property is located.

How to create your Florida warranty deed

1. Draft the deed using the exact legal description from the prior deed or title report.
2. Arrange a signing with two witnesses and a notary.
3. Calculate documentary stamp tax or confirm exemption language.
4. Record the signed deed with the county official records office.

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Frequently asked questions

Does a Florida deed need two witnesses?

Yes. Florida Statutes Section 689.01 generally requires real estate conveyances to be signed in the presence of two subscribing witnesses.

Does a Florida deed need to be notarized?

Yes for recording in ordinary practice. Florida recording rules require acknowledgment, proof, or other authorized certification.

Does Florida charge documentary stamp tax on deeds?

Often yes. Documentary stamp tax may apply unless an exemption fits the transfer.

Warranty deed requirements in other states

California New York Texas Illinois Pennsylvania

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