What Type of Deed Should Heirs Sign to Convey Their Interests in Property Located in Another State, and How Is It Recorded? - Florida
The Short Answer
If the property is located in another state, the deed type and recording rules are generally controlled by the law of the state where the property sits—not Florida. That said, when Florida heirs are signing a deed to transfer whatever interest they may have, the most common instrument is a quitclaim deed, but it must be prepared and recorded in the other state’s land records in the county where the property is located.
What Florida Law Says
Florida law sets baseline rules for how deeds are executed and what a quitclaim deed looks like, which matters if Florida heirs are signing documents in Florida (for example, signature formalities and deed language). But Florida does not control how another state’s recorder will accept, index, and record a deed for land located outside Florida.
The Statute
The primary law governing deed execution formalities in Florida is Fla. Stat. § 689.01.
This statute establishes that a conveyance of an interest in real property generally must be in writing and signed in the presence of two subscribing witnesses (with certain modern allowances for electronic witnessing).
Florida also provides a statutory form for quitclaim deeds at Fla. Stat. § 689.025, which is commonly used when an heir is conveying whatever interest they may have (without promising clear title).
And if you are recording a deed in Florida, the clerk’s formatting/identification requirements are addressed in Fla. Stat. § 695.26. In an out-of-state property situation, however, the other state’s recording statute and local recorder rules will control.
For a deeper discussion of quitclaim deeds in inheritance situations, you may find this helpful: Do I need a lawyer to prepare a quitclaim deed for an inheritance in Florida?
Why You Should Speak with an Attorney
Even when everyone agrees, transferring inherited real estate across state lines can go sideways quickly. The right deed and recording approach often depends on facts that are easy to miss at the start, including:
- Strict Formalities: Florida generally requires two witnesses for a deed (Fla. Stat. § 689.01), but the other state may have different witness/notary rules—and the recorder may reject a deed that doesn’t match local requirements.
- Burden of Proof / Title Issues: A quitclaim deed transfers only what the signer has. If the heirs’ interests were never properly established (or if there are unknown heirs, liens, or an incomplete probate), the buyer/title company may refuse to insure the transfer.
- Exceptions (Probate/Ancillary Administration): If the decedent owned real property in another state, you may need a probate proceeding in that state (often called “ancillary” probate) before a deed can cleanly transfer title—especially if the property was titled solely in the decedent’s name.
Trying to “just sign a deed” without aligning the probate status, the correct grantors/grantees, and the destination state’s recording rules can delay a sale, create a cloud on title, or force expensive corrective filings later.
Related reading: Can I draft and record a quitclaim deed for an out-of-state inheritance in Florida?
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options—especially if your inheritance involves property in another state and you need the transfer done correctly the first time.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.