Do I Need A Lawyer To Transfer A Deed In Florida?

Transfer A Deed

Have you ever wondered what exactly the purpose of a lawyer in a deed transfer case is? Do you also wonder why so many people out there recommend hiring an attorney to speak and work on your behalf in such a process?

If you are amongst many other people looking for answers on whether or not it is important to hire a lawyer to transfer deeds in Florida, then you have come to the right article. Here, we will be taking a look at the prospects and benefits of hiring a lawyer in the state of Florida.

Understanding deed

If you are someone who does not know what a deed is, it is essentially a piece of a legal document: an instrument that is used to help you transfer all the title and ownership of a property that was once owned by an individual who has either written in a will to pass it to you or has a bond which formally allows you to take it. It must be noted that in the state of Florida, all deeds must be signed in full.

The presence of at least two witnesses and a notary public serves as proof of evidence. Now the real question is whether or not you need a real estate agent.

Well, the thing is that there are many different types of deeds for various purposes as they each hold their own set of factors and reasonings.

For this particular reason and much more, it is important and wise to hire a lawyer.

Types of deeds in Florida

Before you go on to hire a lawyer for your deed transfer case, it is extremely important that you familiarize yourself with the different types of deeds out there and what they are used for.

The two most commonly used deeds are quitclaim deeds and general warranty deeds. Although two are both popular, the warranty deed is more common as when they sign it, they formally gain ownership of the property, acknowledge that there are no undisclosed and undisputed liens to the property, and acknowledge that there is no default or any sort of defect in the title that they are about to inherit.

On the other hand, a quitclaim deed does not provide any warranty of some sort. This type of deed can be regarded as a standard type of deed more commonly used in those transactions where both working parties know each other and understand the risks involved. Some other types of deeds include;

·         special warranty deed

·         fee simple deed

·         statutory warranty deed

·         personal representative deed

·         life estate deed

Purpose of deed transfer attorney

Now that you have familiarized yourself with the different types of deed forms out there, you might be asking yourself the question as to why it is necessary to hire a lawyer for the case.

Well, to put it briefly, a lawyer working for you will prepare and review all the documents that are to be presented in front of a ruling body such as the court.

Not just that, but a lawyer is also capable of informing you of any sort of legal hassles that may come your way, should you choose to proceed with your case.

Most times, the court may ask for proof of evidence, such as the official date of death of the decedent or other legal documents that you might not be aware of.

Not just that, but a property deed attorney will always make sure that he/she attends the closing with the buyer. A closing is essentially when the money is paid, and the title is transferred.

Preparation of documents

It is extremely important to keep in mind that during the process of transferring a deed, you must make sure that you have all the legal documents that are in your favor and that make you a suitable candidate for such transfer.

Although documents depend from case to case as well as the type of deed form you have chosen, some of the most important and common documents your lawyer will ask you are title insurance policies, HUD-1 form, title searches, and a will if there are any.

It must be mentioned that a lawyer is not only needed to help you choose the deed form but also, after the deed is completed, to record it with the state’s officials. As we have mentioned earlier, it is important that you go through all sorts of legal deeds form out there and consult with your lawyer regarding each legal implication it carries.

Updating the lease

Many people out there make the mistake of ending their case right after the deed has been completed and recorded. When in reality, one should also keep in mind another step that is essential to owning a property in the State of Florida.

After your name has been registered on the title, it is extremely crucial that you update any leases according to the change. The reason why you might want to do this is that by preserving the liability protection granted through LLC ownership, you are able to avoid hassles with the cost coverage and future document titles.

Fees of lawyers

Perhaps one of the most important questions of all by many people is the fees of hiring a lawyer to handle your property transfer case. It is important to note that the fees are usually spread out depending on the worth of your property.

The higher the cost of the deed, that is, the property, the higher will be the cost. For instance the fees for estates worth between $40,000 to $70,000 is $2,500, for $40,000 or less is $1,500, $3000 for estates worth between $70,000 to $100,000, and one percent for estates that are worth more than 10 million.

The reason why lawyers have prices set on the value of the property is that most of the lawyers also focus on reviewing special details. For instance, if a previous owner has made different changes to the property, lawyers will focus on inspecting those changes.

As we have mentioned earlier in the article, many individuals face the problem at the closing of deed transfer because they have failed to provide enough information and documents. This problem usually occurs with properties that are above the average value, such as $1 million or higher.


So that is all the information you need to know, folks! Hopefully, by the end of this, you have been able to take away the importance of hiring a lawyer in the state of Florida.


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