Deed signed, witnessed and notarized properly but…

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Deed signed, witnessed and notarized properly but…

…but the sole owner transferor passed away before recording the deed. She was
transferring title from herself to her revocable living trust. As a Florida
resident and property, did she complete transfer of title with the deed, or will
it only be transferred by recording, or is it no longer possible to record it?

Asked on September 21, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A deed is valid if it has been signed by the grantor (i.e. the person who is transferring the property to the grantee) and in some states witnessed. There must also be "delivery and acceptance". This means that a deed must be delivered by the grantor to the grantee and accepted by the grantee (although the grantee's signature is not required). A deed need not even be notarized unless it is to be recorded. If it has been notarized, then it can be recorded and either before or after the death of the grantor.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A deed is valid if it has been signed by the grantor (i.e. the person who is transferring the property to the grantee) and in some states witnessed. There must also be "delivery and acceptance". This means that a deed must be delivered by the grantor to the grantee and accepted by the grantee (although the grantee's signature is not required). A deed need not even be notarized unless it is to be recorded. If it has been notarized, then it can be recorded and either before or after the death of the grantor.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  If the deed was properly executed in the state of Florida then yes, you can record it even after the Grantor's death.  An issue can arise if there was undue influence on the Grantor, like if someone was intimidating someone who is physically or mentally compromised to give them the property. But it sounds as if this deed is part of an estate plan begun by the decedent.  I would check with her estate planner as well. Good luck.


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