The Short Answer
A warranty deed transfers property and backs it with the seller’s personal guarantee that the title is good. If a hidden claim ever surfaces, the seller has promised to make it right. That guarantee is exactly what a buyer wants, which is why a warranty deed is the deed used in nearly every Florida purchase and sale. Where it is the wrong tool is estate planning, and we will get to why. Not sure which deed you need? Try the deed selector →
The Three Flavors of Warranty Deed
They all make a promise about the title; they differ in how far that promise reaches:
- General warranty deed. The fullest protection there is. The seller guarantees the title against any defect in the property’s entire history, even from owners long before them, and agrees to defend it.
- Special (or limited) warranty deed. A narrower promise. The seller guarantees only against problems that came up while they owned the property, and makes no promise about anything earlier. You see this when the seller is an estate, a bank, or a company that never lived in the home and cannot vouch for its whole past.
- Statutory warranty deed. A short-form general warranty deed that uses the exact wording Florida law provides, so a few standard words carry the full set of guarantees. It is the everyday form in most Florida closings.
Warranty Deed vs. Quitclaim Deed
This is the choice most people are really trying to make. A warranty deed protects a buyer with guarantees; a quitclaim deed makes no promises at all and simply hands over whatever the signer happens to own. Neither is “better,” they are built for different moments.
| Question | Warranty deed | Quitclaim deed |
|---|---|---|
| Guarantees the title? | Yes | No |
| Best for | Buying or selling at arm’s length | Family transfers, divorce, trust funding |
| Buyer protection | Strong | None |
Why Estate Planning Uses a Lady Bird Deed, Not a Warranty Deed
A warranty deed is designed to move property to a buyer today. That is the opposite of what an estate plan wants, which is to keep your home in your hands for life and pass it to your family only at death, without probate. Deeding your home to your children now with a warranty deed (or any deed) is a completed gift, and it loses the tax step-up and can trigger a Medicaid penalty. The tool built for the planning job is the lady bird deed: you keep full control while you live, and the home passes automatically when you die. Use a warranty deed to sell; use a lady bird deed to plan.
Not sure which deed fits your situation?
In a free 30-minute consult we will tell you straight whether you need a warranty deed, a quitclaim, or a lady bird deed, before you sign anything.
Book your free consultWhat It Costs
Our flat fee for a warranty, quitclaim, or life-estate deed is $399, plus county recording and any documentary stamp tax, which on a sale is based on the price paid and on a gift is just the $0.70 minimum. We tell you the exact number before anything is signed, and pass the government cost through with no markup. For a full purchase closing with title insurance, a title company is usually part of the picture, and we will help you line that up. See full pricing →
Frequently Asked Questions
What Is a Warranty Deed in Florida?
A warranty deed is the gold standard for transferring real estate, because the seller actually stands behind the title. With it, the seller promises that they own the property free and clear, that no one else has a hidden claim, and that they will defend the buyer’s ownership if a problem ever surfaces, even one that predates them. That promise is why a warranty deed is the deed used in almost every Florida home sale.
What’s the Difference Between a General and a Special Warranty Deed?
It comes down to how far back the promise reaches. A general warranty deed guarantees the title against any problem in the property’s entire history, all the way back, no matter who owned it. A special warranty deed (sometimes called a limited warranty deed) only guarantees against problems that arose while this particular seller owned it, and says nothing about what happened before. A general warranty deed gives a buyer the most protection; a special warranty is common when the seller is an estate, a bank, or a company that never lived there.
What Is a Statutory Warranty Deed?
It is simply a short-form general warranty deed that uses the wording Florida law provides. Because the statute spells out the form, a few standard words carry the full set of title promises without having to write them all out. It does the same job as a longer general warranty deed, just more compactly. Most Florida home sales use this form.
Warranty Deed or Quitclaim Deed: Which Do I Need?
A warranty deed when you are buying from, or selling to, someone at arm’s length, because the buyer wants the title guarantee. A quitclaim deed when title is not in question and everyone knows the history, such as adding a spouse, a divorce transfer, or moving your home into your own trust. The short version: warranty deed to protect a buyer, quitclaim to move property quickly among people who already trust each other.
Should I Use a Warranty Deed for Estate Planning?
Usually not. A warranty deed is built to transfer property now, to a buyer, with guarantees. For passing your home to your family at death without probate, the right Florida tool is a lady bird deed, which keeps you in control for life and preserves the tax step-up. Use a warranty deed to sell or buy; use a lady bird deed to plan.
Do I Owe Documentary Stamp Tax on a Warranty Deed?
Yes, when money changes hands. Florida charges a documentary stamp tax based on the sale price (the amount paid for the property). On a gift or a transfer with no money involved, only the $0.70 minimum applies. We tell you the exact figure before anything is signed, and the government cost is passed through at cost.
How Much Does an Attorney-Drafted Warranty Deed Cost?
Our flat fee for a warranty, quitclaim, or life-estate deed is $399, plus county recording (about $18 to $30) and any documentary stamp tax that applies. Posted up front and honored for 90 days. For a full sale closing with title insurance, a title company is usually involved too, and we will point you in the right direction.
Common Situations
The family sale. A mother sells her Orlando home to her son at a fair price. He wants the same title protection any buyer would, so a general warranty deed, not a quitclaim, is the right choice, even between family. We prepare it and figure the documentary stamp on the price.
The estate selling a house. A personal representative sells a deceased parent’s home. Because the estate cannot vouch for what happened before the parent owned it, a special warranty deed fits, guaranteeing only the estate’s own period of ownership.
The planning mix-up. A father asks for a warranty deed to “put the kids on the house.” We walk him through why that gift would cost the family the tax step-up, and set up a lady bird deed instead, the same goal, without the tax hit or the loss of control.
Sources of Law
- Fla. Stat. §689.02: statutory form of warranty deed. §689.03: effect of the words of the warranty. flsenate.gov (retrieved 2026-06-07)
- Fla. Stat. §689.01: execution of deeds (notary plus two subscribing witnesses). §201.02: documentary stamp tax on deeds and consideration.
- IRC §1014 (step-up in basis at death) and §1012 (carryover basis), cited by section.
Updated on June 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.