Warranty Deed vs. Will: Which Controls Inheritance in Florida?

Quick Summary: Many property owners assume a standard deed protects their heirs. However, unlike a Lady Bird deed, a Warranty Deed is designed to protect a buyer's title, not to manage inheritance. If you only have a warranty deed, your property will likely go through probate, and your Last Will and Testament will determine who gets it—not the deed itself.

The Common Confusion: "I Have a Deed, Do I Need a Will?"

A frequent question we receive at atCause Law Office involves family members who have shared ownership of a property via a warranty deed. For example, a grandmother and father might own a home together, but the grandmother decides to change her will to split the property three ways.

Does the deed override the will? Or does the will control the deed?

To answer this, we have to look at the specific type of deed you have, because in Florida, beneficiary designations on a deed actually trump the beneficiaries in a Last Will and Testament.

What is a Warranty Deed?

Does it cover inheritance?

A Warranty Deed is the most common type of deed used when purchasing real estate. Its primary purpose is Title Protection, not estate planning.

When a buyer demands a warranty deed, they are ensuring they are purchasing "clear title." By signing this deed, the seller warrants (guarantees) that:

• The property is free of title defects.

• The seller actually owns the property completely.

• No one else can pop up and claim they own a portion of it.

• The seller is responsible if a title dispute arises later.

Crucially, a warranty deed does not list beneficiaries. It has nothing to do with who inherits the property when you die. It simply proves you own it now. Because there are no beneficiaries listed on a warranty deed, it does not bypass the probate process.

The Exception: Lady Bird Deeds

The deed that trumps the Will

To understand why a warranty deed doesn't avoid probate, you have to compare it to a deed that does: the Lady Bird Deed.

In Florida, a Lady Bird deed allows you to list specific beneficiaries directly on your real property. This works similarly to a "Payable on Death" (POD) designation on a bank account.

• How it works: If you have a Lady Bird deed, the moment you pass away, the property goes directly to the people listed on the deed.

• The Hierarchy: Beneficiaries listed on a Lady Bird deed trump the beneficiaries listed in a will. Even if your will says "leave everything to Person A," but your Lady Bird deed says "leave house to Person B," Person B gets the house.

Scenario: What Happens if You Only Have a Warranty Deed?

If you do not have a Lady Bird deed or a Transfer on Death deed, and you only hold title via a standard Warranty Deed, you are stuck with the probate process.

Here is how the inheritance generally plays out based on how the owners (e.g., Grandmother and Dad) hold the title:

1. Joint Tenants with Rights of Survivorship

If the deed lists the owners as "joint tenants with rights of survivorship," the property automatically passes to the surviving owner when the first owner dies. However, one probate will still be required upon the death of the survivor to pass the property to heirs.

2. Tenants in Common (50/50 Owners)

If the deed does not explicitly state "rights of survivorship," the owners are likely "Tenants in Common."

• The Result: There will be a probate for the Dad's portion and a separate probate for the Grandmother's portion.

• Who Inherits? Since the deed lists no beneficiaries, the probate court looks to the Last Will and Testament. If there is no will, Florida law dictates who inherits.

The Bottom Line: The Will Prevails (Usually)

In the specific scenario where a grandmother changes her will to split the property three ways, and the property is held only by a warranty deed: The Will Prevails.

Because a warranty deed lacks beneficiary designations, it cannot override a will. The assets must go through probate to determine ownership. At the end of probate, the property is distributed according to:

1. The instructions in the Will(s).

2. Or, if no will exists, Florida State Law.

How to Avoid This Headache

If the goal is to avoid probate and ensure specific people inherit the property without relying solely on a will, owners can consider:

• A Lady Bird Deed: This can be done even if owners hold the property 50/50 (creating two separate deeds for each portion).

• Transfer on Death Deed: Allowed in states that permit it (Florida allows Lady Bird deeds which function similarly).

Frequently Asked Questions

Does a warranty deed bypass probate?

No. A warranty deed does not bypass the probate process. It is used to warrant clear title during a sale, not to transfer property after death.

Does a will override a deed in Florida?

It depends on the deed. If you have a Lady Bird deed with named beneficiaries, the deed trumps the will. If you have a standard warranty deed with no beneficiaries, the will prevails during probate.

What happens if there is no will and only a warranty deed?

If there is no will and no beneficiary on the deed, the property is distributed according to Florida inheritance laws.

Need Help with Florida Estate Planning?

If you have questions about deeds, Lady Bird deeds, or avoiding probate in Florida, don't hesitate to reach out.

Contact atCause Law Office – The "Non-Stuffy" Attorneys. Schedule your Free Consultation Today!