Real Estate Attorney in Florida. Deeds, Closings, and Clean Title (Without the Headaches)
Deeds, Closings, and Clean Title Without the Headaches
Buying, selling, gifting, or retitling property can be stressful. The paperwork is precise, deadlines are tight, and one missed signature can send everything back to the start. At Smith Will & Trust, we make Florida real estate transactions smooth, predictable, and legally sound. We draft and record Florida-compliant deeds, coordinate with your title company and lender, and make sure your trust or business structure matches the way your property is titled.
If your goal is a clean closing and no surprises later, you are in the right place. Our attorneys meet with clients from our Tampa and St. Petersburg offices and serve families and businesses across Tampa Bay and Central Florida.
What We Actually Handle for You
We do this work every single day, and we know what Florida clerks, title companies, and lenders expect.
Deed Drafting and Recording
We prepare and record:
- Warranty deeds
- Special warranty deeds
- Quitclaim deeds
- Personal representative deeds
- Trustee’s deeds
- Enhanced life estate deeds (“Lady Bird” deeds)
Every deed we prepare is properly witnessed, notarized, and recorded with the clerk of court, using the correct Florida statutory language. We follow Chapter 689 for execution and Section 695.26 for recording requirements.
Homestead Coordination
Florida homestead law can create traps for the unwary. We make sure your deed, will, or trust respects:
- Spousal joinder: A spouse must usually join in the sale, mortgage, or gift of homestead property, even if only one spouse is on title.
- Devise restrictions: If you die with a spouse or minor child, the Constitution limits who can inherit the homestead. We plan ahead to avoid unintended results like a court-created life estate or forced share elections.
Trust and Probate Alignment
Deeds are often part of a larger estate plan. We prepare trustee deeds and personal representative deeds so your trust or estate is properly funded. We confirm beneficiary designations and retitle property to make sure your plan actually works when it is needed.
Entity Titling for LLCs and Corporations
Rental properties, commercial properties, or high-liability assets often belong in an LLC or corporation. We retitle property into the entity, coordinate with your operating agreement or bylaws, and make sure insurance, escrow, and lender requirements are updated.
Closings and Assignments
We collaborate with realtors, title agents, and lenders to keep closings on schedule. Our office prepares signature packets, spousal joinders, affidavits, and checklists so everyone knows exactly what needs to happen.
Why Florida Paperwork Matters
Florida real estate law is not picky, it is precise. Deeds must have two witnesses unless they are signed electronically under the limited remote-notarization statutes. Clerks now require witness names and mailing addresses on many recorded instruments. If a recording package misses a detail, the clerk can reject it and delay your closing.
We build every deed packet to pass execution and recording checks the first time. That means your documents are accepted, indexed correctly, and do not require corrective filings later. A deed recorded with errors can cloud title, delay refinancing, and in some cases, force litigation to fix. Our job is to prevent that before it happens.
Homestead Rules – The Two Most Common Pitfalls
Devise Restrictions
Under Florida law, if you own a homestead and die with a spouse or minor child, your ability to leave that property by will or trust is restricted. The default often creates a life estate for the spouse or allows the spouse to take an undivided share. We address this early and write your plan so the result matches your wishes.
Spousal Joinder
Selling, gifting, or mortgaging a homestead generally requires your spouse’s signature, even if they are not on the deed. This surprises many people who believe sole ownership avoids the joinder requirement. We confirm whether a property is homestead and make sure the right parties sign so the closing does not fail at the last minute.
When a Lady Bird Deed Makes Sense
An enhanced life estate deed (commonly called a Lady Bird deed) can be a powerful tool for avoiding probate while allowing you to keep full control during your lifetime. You can still sell, refinance, or change your beneficiaries at any time.
Lady Bird deeds work well for homesteads and second homes, but they are not for every situation. Title company policies, lender rules, and Medicaid planning considerations can affect whether this deed is the right choice. We walk you through the pros, cons, and alternatives before recommending it.
How We Handle Your Matter
Our process is designed to be transparent and efficient:
Listen and Map:
We start by understanding what property you own, who needs to end up on title, and why. If there is a lender or title company involved, we gather deadlines and requirements early.
Document Design:
We select the right deed type, confirm vesting (tenancy by the entirety, joint tenants with right of survivorship, or trust ownership), and arrange witnesses, notaries, and spousal joinders.
Compliance Check:
We review each document against Florida Statutes 689.01 and 695.26 to ensure proper execution and recording.
Record and Confirm:
We record with the appropriate clerk, confirm indexing, and provide you with certified copies and a closing binder.
Follow-Through:
If the property belongs in a trust or LLC, we update operating agreements, insurance, and beneficiary designations so the rest of your plan stays in sync.
Quick Briefs for Skimmers
- Selling Quickly? We coordinate deed prep, spousal joinder, and HOA/condo affidavits without slowing your title company.
- Gifting to Family? We confirm homestead status, exemptions, and whether warranty covenants are appropriate or if a quitclaim deed makes more sense.
- Trust Funding? We prepare trustee or warranty deeds to align title with your revocable trust and update escrow contacts and insurance carriers.
- Multi-State Ownership? We structure title to minimize ancillary probate if you own property in more than one state.
Who We Help
- Homeowners
- Snowbirds and second-home owners
- Real estate investors
- Busy professionals
- Trustees and personal representatives
What to Bring to Your Consultation
Bringing the right information helps us get started right away:
- Latest deed or title commitment and a link to the property appraiser’s page
- Marital status and whether the property is your homestead
- Any trust, will, or operating agreement that should coordinate with title
- Lender or title company contact information if a closing is pending
Where We Meet and Who to Call
We serve clients throughout Tampa Bay and Central Florida. For those who cannot attend in person, we offer phone and secure video meetings.
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
- St. Petersburg Office: 360 Central Ave., Suite 800, St. Petersburg, FL 33701
FAQs
Do Florida deeds really need two witnesses?
Yes. Florida’s statute of conveyances requires proper execution for deeds conveying real property. The recording statute has its own checklist. We handle both so your deed is not rejected by the clerk.
Why did the clerk reject my deed for “missing addresses”?
Since January 2024, many clerks require printed names and mailing addresses for each witness on recorded instruments. Missing addresses can cause rejection. We add them up front so you do not lose time.
Is a quitclaim deed worse than a warranty deed?
Not necessarily. Quitclaim deeds simply do not make title covenants. They are fine for family or trust transfers but are usually not used for arms-length sales. We match the deed type to your goals and your title company’s requirements.
Will a Lady Bird deed fit my plan?
Maybe. A Lady Bird deed can avoid probate and preserve control, but we review homestead rules, lender restrictions, and your overall estate plan before recommending it.