A deed is a written instrument that transfers the title of property from one person to another.
If you are filing a deed in Lee County, it must meet the requirements that are outlined in Chapter 695.26, Florida Statute. There may be other statutory requirements for making a conveyance valid. The Clerk cannot assist with completing forms. We suggest that you contact a professional who is experienced with preparing a deed to assist you.
- “ Prepared by" statement (name and address of the “natural” person preparing the Deed)
- Grantor(s) (Sellers-Party Giving Title) names legibly printed in the body of the Deed
- Grantor(s) mailing address
- Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed
- Grantee(s) mailing address
- Signatures of Grantors
- Names printed under Grantors' signatures
- Two witnesses, for each signature and the names of witnesses printed under witnesses' signatures
- Complete Notary acknowledgment
- Names being acknowledged
- Date acknowledgment taken
- Signature of Notary
- Name printed under signature
- Commission expiration date
- Ink seal
- A 3-inch by 3-inch white space on the top right-hand corner of the first page of each document and a 1-inch by 3-inch white space on the top right-hand corner of each subsequent page of the document. This space is necessary for us to apply computerized recording information.
This section does not apply to:
- An instrument executed before July 1, 1991.
- A decree, order, judgment, or writ of any court.
- An instrument executed, acknowledged, or proved outside of this state.
- A will.
- A plat.
- An instrument prepared or executed by any public officer other than a notary public.
Chapter 695.26, Florida Statute, the failure of the clerk of the circuit court to comply with this section does not impair the validity of the recording.
Collection of Documentary Stamps
The Clerk collects documentary stamp tax at the time a deed is recorded. The tax is levied at the rate of $.70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. This tax is based on the sale, consideration or transfer amount and is usually paid to the Clerk of Court when the document is recorded. The Clerk sends the money to the Department of Revenue, which distributes the funds according to law. The sale price, transfer, or consideration amount must be on the deed or in a cover letter for recording.
$10 for the first page, $8.50 for each additional page.
Make check payable to: Lee County Clerk of Courts.
For express mail delivery send your documents to:
Lee County Clerk of Courts
2115 Second Street, 2nd Floor
Fort Myers, FL 33901