Real Estate Attorney Florida – Deeds, Closings & Clean Title
Florida Real Estate Law – What We Handle for Property Owners
Florida Real Estate Law services from Smith Will & Trust make property transfers simple and secure. As part of our Estate Planning & Trust Services, we handle every detail—deeds, closings, and title work, so you can move forward confidently with your Florida real estate transactions.
We prepare and record Florida-compliant deeds, coordinate with title companies and lenders, and ensure your trust or business structure matches the way your property is titled.
As part of our Estate Planning & Trust Services, we connect real estate law to your estate, trust, or business plan so everything works together.
What We Handle for Florida Property Owners
We work with homeowners, investors, and trustees across Tampa Bay and Central Florida. Our real estate attorney Florida services include:
Deed Drafting and Recording
Our real estate law team prepares and records legally compliant deeds for a wide range of property transfers, ensuring every detail aligns with Florida’s statutory requirements.
We prepare and record:
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Warranty Deeds
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Special Warranty Deeds
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Quitclaim Deeds
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Personal Representative Deeds
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Trustee’s Deeds
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Enhanced Life Estate (“Lady Bird”) Deeds
Every deed we draft is properly witnessed, notarized, and recorded with the clerk of court. We adhere to Chapter 689 for execution and Section 695.26 for recording requirements, providing clients with complete confidence in the validity and enforceability of their property documents.
For complete statutory language, see the Florida Statute of Conveyances (Chapter 689, Florida Statutes)
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. Our real estate law team follows Chapter 689 – Conveyances of Land and Declarations of Trust for execution and Section 695.26 – Recording Requirements to ensure every deed is legally valid and enforceable under Florida law.
Homestead Coordination
Florida homestead law can be complex, blending real estate law and estate planning considerations. We help you structure ownership, deeds, and trusts to remain compliant with state statutes and constitutional restrictions, protecting both your property and your intent.
Spousal Joinder
Under Florida real estate law, spousal consent is required for most sales, gifts, or mortgages of homestead property, even when one spouse isn’t listed on the title. We verify status, documentation, and signatures early to prevent last-minute issues at closing or during probate.
Devise Restrictions
Florida’s Constitution limits how a homestead may be transferred if you die with a surviving spouse or minor child. Our real estate and estate planning attorneys coordinate deeds and trusts in advance so your wishes, not the default constitutional rules, determine how your home is passed on.
Trust and Probate Alignment
Deeds are often part of a larger estate plan. Our real estate law team prepares trustee and personal representative deeds that fund your trust or estate correctly and in full compliance with Florida law.
We confirm beneficiary designations and retitle property to ensure everything in your plan, from trusts to wills to Probate & Trust Administration, works seamlessly.
Entity Titling for LLCs and Corporations
Rental or commercial properties often belong in an entity for liability protection. We retitle real estate into LLCs or corporations, update insurance, and align the title with your Business Law documents.
This real estate law approach keeps personal and business assets separated while meeting lender and escrow requirements.
Closings and Assignments
Our attorneys collaborate with realtors, title agents, and lenders to ensure closings stay on schedule.
We prepare:
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Signature packets
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Spousal joinders
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Affidavits
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HOA or condo statements
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Final deed execution checklists
Each step is managed in compliance with Florida Statutes Chapters 689 & 695 for accuracy and timely recording.
Why Florida Paperwork Matters
Florida real estate law is exact, not flexible. Missing witness information or improper notarization can cause rejected filings, title defects, or costly corrective work later.
Our real estate law team builds every deed packet to pass execution and recording checks the first time. That means your documents are accepted, indexed, and compliant with Florida’s strict statutory standards, without the need for corrections or re-recordings.
A single recording error can delay refinancing or even force litigation. Our real estate attorney Florida team prevents these issues before they occur.
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, or “Lady Bird” deed, lets you retain control during your lifetime while avoiding probate later.
You can sell, refinance, or change beneficiaries anytime. Lady Bird deeds are ideal for primary or vacation homes, but we also evaluate lender and Medicaid implications before recommending one.
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
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Selling Quickly?
Our real estate law team coordinates deed preparation, spousal joinder, and HOA or condominium affidavits efficiently—keeping your title company on schedule and your closing stress-free.Gifting to Family?
We review homestead status, exemptions, and warranty covenants to determine whether a warranty deed or quitclaim deed best fits your goals—ensuring every gift complies with Florida real estate law.Trust Funding?
Our real estate and estate planning attorneys prepare trustee or warranty deeds that align property titles with your revocable trust, while updating escrow agents, lenders, and insurance carriers for seamless coordination.Multi-State Ownership?
For clients with property across state lines, we structure title and trusts under Florida real estate law to minimize ancillary probate and simplify estate administration.
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 our real estate law team get started right away:
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The latest deed or title commitment and a link to the county property appraiser’s page
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Your marital status and whether the property qualifies as your Florida homestead
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Any trust, will, or operating agreement that should coordinate with property title or ownership structure
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Lender or title company contact information if a closing or refinance is pending
This preparation allows us to review ownership, confirm compliance, and begin drafting documents that meet Florida’s real estate and estate planning requirements without delay.
get in touch
We proudly serve clients throughout Tampa and nearby communities, including Brandon, Riverview, and SouthShore, offering clear guidance and personalized estate planning for every stage of life.
- Smith Will & Trust: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
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.