A Florida Lady Bird Deed (also called an Enhanced Life Estate Deed) is a deed that lets you choose who receives your home after you pass away, while you keep full ownership and control during your lifetime.
A Florida Lady Bird Deed helps transfer real estate to your chosen beneficiary at death without probate, while still letting you sell, refinance, or change beneficiaries anytime while you are alive.
The biggest benefits of a Florida Lady Bird Deed are avoiding probate for the property, keeping full control during life, and reducing the delays and costs that often come with court involvement after death.
They serve different purposes. A Will controls how your assets are distributed after death, but property passing under a Will generally still goes through Florida probate. A Florida Lady Bird Deed is designed to transfer one specific piece of real estate directly to your beneficiaries outside of probate. Many Florida homeowners use both: a Will for their overall estate, and a Lady Bird Deed for the homestead.
A quitclaim deed transfers ownership of your home today, which means you give up control immediately and the transfer may have gift tax, Medicaid, or property tax consequences. A Florida Lady Bird Deed leaves you in full control during your lifetime and only transfers the property at death. For most Florida homeowners trying to avoid probate without giving up their home, a Lady Bird Deed is the safer option.
If the property is your Florida homestead, your spouse generally needs to join in the deed even if they are not on the title. Florida's constitutional homestead and spousal rights protections apply at the time of death, so a Lady Bird Deed must be drafted to honor those rights. This is one of the most common reasons it is worth working with a Florida Lady Bird Deed attorney rather than using a generic online form.
Because the owner keeps full rights and control during life, a properly drafted Florida Lady Bird Deed typically does not, by itself, cause a loss of homestead exemption or a reassessment for property tax purposes. Local rules can vary by county, so it is smart to confirm with your local property appraiser or a tax professional.
A Florida Lady Bird Deed is commonly used as part of planning to reduce the risk of Medicaid Estate Recovery against a home. Because the property passes outside of probate, it may fall outside the assets Florida Medicaid can recover against. Medicaid rules are fact-specific and timing matters, so it is best to get guidance if Medicaid planning is part of your goal.
Because a Lady Bird Deed beneficiary has no current ownership interest in the property during your lifetime, your beneficiary's creditors generally cannot attach a lien to the home while you are alive. Once the property transfers at death, however, it becomes part of the beneficiary's assets and can be exposed to their creditors or divorce proceedings. If you are worried about a beneficiary's financial situation, a Lady Bird Deed attorney can discuss alternatives such as a trust.
Because a Florida Lady Bird Deed is treated as an incomplete transfer for federal tax purposes, the home is generally included in your estate at death. That typically means your beneficiaries receive a stepped-up cost basis equal to the home's value at the date of death, which can significantly reduce or eliminate capital gains tax if they sell shortly after. Tax outcomes depend on individual facts, so it is wise to confirm with a tax professional.
Yes. Most Florida homeowners using a Lady Bird Deed still have a mortgage, and signing the deed does not pay it off or change your loan. Federal law (the Garn-St. Germain Act) generally protects this type of estate planning transfer from triggering a "due on sale" clause. Your beneficiaries will take the property subject to any remaining mortgage at the time of your death.
If your named beneficiary passes away before you and the deed does not name a backup beneficiary, the property may end up going through probate after your death — defeating the main purpose of the deed. A well-drafted Florida Lady Bird Deed should typically name contingent beneficiaries or address the issue, and you can also revoke and re-record a new deed at any time during your lifetime.
Yes. One of the defining features of a Florida Lady Bird Deed is that you keep enhanced powers during your lifetime. You can sell the property, refinance it, lease it, or take out a new mortgage without your beneficiary's consent or signature. The beneficiaries' rights only take effect if the property is still in your name at the time of your death.
Yes, and many Florida estate plans use both. A revocable trust can handle financial accounts, multiple properties, and complex distribution goals, while a Florida Lady Bird Deed can keep the homestead simple and out of probate without retitling it into the trust. The right combination depends on your overall estate plan.
With a Florida Lady Bird Deed, the beneficiary typically completes the transfer by recording the death certificate, and sometimes a short affidavit, in the county where the property is located. This usually avoids a probate transfer for that property.
Yes. A Florida Lady Bird Deed is designed to be revocable, which means you can update beneficiaries, replace the deed, or revoke it entirely as long as you still own the property.
Whether a Florida Lady Bird Deed is a good fit depends on how the property is titled and who owns it. Some situations, such as ownership through an LLC or certain co-ownership setups, may require a different option.
Yes. Many homeowners complete a Florida Lady Bird Deed through Remote Online Notarization, and many Florida counties accept electronic recording. After recording, you typically receive the recorded deed with the official county recording details.
