How to Revoke or Change a Florida Lady Bird Deed

New Beneficiaries, Backup Beneficiaries, Divorce, Incapacity and Wills That Say Something Different

You can change a Florida Lady Bird Deed at any time.
But only a new recorded deed does it. A will, a letter or a divorce decree may not.

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Yanitza Schoonover, Florida probate and estate planning attorney
Written and reviewed by Yanitza Schoonover, Florida probate and estate planning attorney The Schoonover Law Firm, P.A. · Updated October 2026

Revoking or Changing a Florida Lady Bird Deed

The feature that separates a Florida Lady Bird Deed from an ordinary life estate deed is that you keep control. The deed reserves to you the power to sell, convey, mortgage, lease and revoke without the consent of the people you named. Your beneficiaries hold nothing they can enforce against you while you are alive, which is why you can change your mind about them as often as your life changes.

What people get wrong is how a change is made. The deed is a recorded instrument in the county Official Records, and it is changed the same way it was created: by signing and recording another deed. A new will does not do it. A handwritten note in the file does not do it. Tearing up your copy does not do it. And in some situations people assume the law changes it for them (a divorce, a beneficiary’s death) when it does not.

The short answer

  • How to change it: sign a new deed with the same formalities (two witnesses and a notary, spouse joinder on homestead) and record it in the county where the property sits.
  • A will cannot override it. The property passes under the deed, outside the will. A will leaving the house to someone else does not change who receives it.
  • If a beneficiary dies first, the deed’s own wording decides what happens. Without backup language, the share can end up in probate.
  • Divorce: Florida’s statute that cancels an ex-spouse’s beneficiary designations lists specific assets, and a deed is not among them. Record a new deed rather than assume.
  • Incapacity: an agent under a power of attorney needs specifically initialed authority, and a guardian generally needs the court. Make changes while you can sign them yourself.

Changing the Beneficiaries: Record a New Deed

To change who receives the property, you sign a new enhanced life estate deed that again reserves your enhanced life estate and names the new remainder beneficiaries. Because you reserved the power to convey without anyone’s consent, the people named in the old deed do not sign, are not asked, and have no right to object.

The new deed should be treated as a full deed, not a short amendment. A well-drafted replacement:

  • Identifies the prior Lady Bird Deed by its Official Records book and page or instrument number, and states that the reserved power is being exercised
  • Restates the reserved powers in full, so that your control continues under the new deed
  • Names the new beneficiaries with full legal names, shares and backup language
  • Carries the exact legal description and parcel identification number from the vesting deed
  • Is signed with the same formalities: two subscribing witnesses and a notary, and on homestead the spouse joins

Then it is recorded in the Official Records of the county where the property is located. Recording fees are $10.00 for the first page and $8.50 for each additional page. In its Technical Assistance Advisement 20B4-004 (October 16, 2020), the Florida Department of Revenue concluded an enhanced life estate deed is not subject to documentary stamp tax because no present beneficial interest transfers when it is signed; that advisement binds the Department only as to the taxpayer and facts presented.

Revoking or changing beneficiaries on a Florida Lady Bird Deed

Revoking a Lady Bird Deed Entirely

Sometimes the goal is not new beneficiaries but no deed at all: you are moving the property into a trust, you want the home to pass under your will, or the family situation is unsettled and you would rather wait. Revocation is done by recording a deed in which you, as owner of the enhanced life estate and the reserved powers, convey the property back to yourself in fee simple, or directly to the trustee of your trust. Either way the remainder interest you created is cut off.

What does, and does not, change a recorded Lady Bird Deed.
ActionChanges the deed?
New deed, signed with two witnesses and a notary, and recordedYes
Deed into your revocable trust, recordedYes, the trust now controls
Selling the propertyYes, the beneficiaries’ interest ends with the sale
A new will naming different peopleNo
A signed letter or note revoking itNo
Destroying your copy of the recorded deedNo, the Official Records still show it
A divorce judgmentNot automatically; see below
A new deed signed but never recordedRisky; record it promptly

Why the unrecorded deed is risky

A deed can be valid between the parties before it is recorded, but an unrecorded replacement creates exactly the kind of dispute a Lady Bird Deed is supposed to prevent. The beneficiaries in the recorded deed rely on the public record, title companies rely on it, and an original that sits in a drawer can be lost, overlooked or challenged after your death. Record it the week you sign it.

Selling or Refinancing Does Not Require a Revocation

You do not need to revoke a Lady Bird Deed before you sell. When you sell, you exercise the reserved power to convey, and the deed to your buyer cuts off the remainder interest. Your beneficiaries do not sign the closing documents. The same is true of a refinance: the reserved power to mortgage lets you encumber the property without them.

After a sale, the old deed has nothing left to act on. If you buy a replacement home and want the same plan, sign a new Lady Bird Deed on the new property. Our sell or refinance guide covers what title companies and lenders ask for.

Why a Will Cannot Override a Lady Bird Deed

A will governs property in your probate estate. A Lady Bird Deed takes the property out of that estate: at the moment of death, the life estate ends and the remainder beneficiaries already named in the recorded deed hold title. By the time a will is admitted to probate, there is nothing left for it to say about that property.

So if your deed names your son and your later will leaves “my house” to your daughter, your son receives the house. The will is not void; it simply has no property to operate on, and the conflict tends to produce exactly the family dispute you were trying to avoid.

Keep the deed and the will consistent

  • Change the deed first when your wishes about the property change. Then update the will so it does not contradict it.
  • Use the will as the backstop for everything else: accounts, vehicles, personal belongings, and any property the deed does not reach.
  • Tell your executor. A personal representative who does not know about a recorded deed may waste time and money trying to administer the house.

The reverse is also true. If you revoke the deed and do not replace it, the property falls back into your probate estate, and the will (or intestacy, if there is no will) decides who receives it, after a probate case.

When a Beneficiary Dies Before You

This is where form deeds fail most often. Suppose your deed names “my children, Ana and Luis, in equal shares,” and Luis dies before you. Who receives his half?

Florida has an anti-lapse statute that substitutes a deceased beneficiary’s descendants in some circumstances, but it is written for wills, and you should not assume it rescues a deed. What happens depends on how the deed is worded. Depending on that wording, Luis’s share may pass to Ana, may pass through Luis’s own estate, or may fall back into yours and require probate after your death. Our FAQ page notes the same risk: without a backup beneficiary, the property can end up in probate, defeating the purpose of the deed.

Language that answers the question in advance

Illustrative structures only. The exact words matter, and each choice produces a different family outcome.
StructureIf Luis dies first, his half goes to…
“Per stirpes” to descendantsLuis’s descendants, by representation. The deed should also say where his share goes if he left none.
“To the survivor of them”Ana, who then takes the whole property.
Named contingent beneficiaryWhoever you name, for example Luis’s spouse or a trust for his children.
No backup languageUncertain. Possibly Luis’s estate, possibly yours, and possibly a probate case either way.

Two practical points. First, if a beneficiary’s children are minors, a per stirpes clause can hand real estate to a child who cannot sell or mortgage it without a court process; the after-death guide explains why. Naming a custodian under the Florida Uniform Transfers to Minors Act, or a trust, avoids that. Second, when a beneficiary does die, recording a new deed while you can is better than relying on the backup clause, because it lets you decide again with full knowledge of the family as it now is.

Divorce: Do Not Assume the Law Changes the Deed for You

Florida has a statute, section 732.703, that treats a designation of a former spouse as a beneficiary as void when the marriage is dissolved, as though the former spouse had died first. People hear about it and assume it covers everything. It does not. The statute applies to a defined list of assets: life insurance, certain annuities, employee benefit plans, individual retirement accounts, payable-on-death accounts, and securities or accounts registered in transfer-on-death form. Deeds to real property are not on that list. Separate statutes address provisions for a former spouse in a will (section 732.507) and in a trust (section 736.1105); neither is written for a deed.

The safe reading for a homeowner is this: if your Lady Bird Deed names your spouse, or your spouse’s relatives, as remainder beneficiaries, and you divorce, do not assume the divorce removed them. Record a new deed once the marital settlement agreement and final judgment allow it.

How the divorce changes the ownership itself

Many married couples own their home as tenants by the entirety and sign the Lady Bird Deed together, reserving a joint enhanced life estate. Under Florida law, a dissolution of marriage converts a tenancy by the entirety into a tenancy in common, so after the divorce each former spouse holds an undivided share. The marital settlement agreement usually decides who keeps the house, and the conveyance carrying it out is the natural moment to record the new deed that reflects the post-divorce plan.

Remarriage

A new marriage changes the analysis again. If the property is your homestead, Florida’s constitution generally requires your new spouse to join any conveyance of it, and homestead cannot be devised away from a surviving spouse. A Lady Bird Deed recorded while you were single, naming your children, needs a fresh look after remarriage. A prenuptial or postnuptial agreement with appropriate homestead waivers is often part of the answer.

Sources: Fla. Stat. § 732.703 (effect of divorce on beneficiary designations of listed assets); Fla. Stat. § 732.507(2) (wills); Fla. Stat. § 736.1105 (trusts); Fla. Stat. § 689.15 (tenancy in common on dissolution of an estate by the entirety); Art. X, § 4, Fla. Const.

Incapacity: Who Can Change the Deed if You Cannot?

The reserved powers in a Lady Bird Deed belong to you. If dementia, a stroke or a long illness leaves you unable to sign, someone else can exercise them only if the law gives that person the authority.

An agent under a durable power of attorney

Florida’s power of attorney law treats certain powers as too significant to be granted by general language. Under section 709.2202, an agent may exercise them only if you signed or initialed next to each specific power in the document. The list includes making gifts, creating or changing rights of survivorship, and creating or changing a beneficiary designation. Changing who receives your home at death can implicate those categories, so a power of attorney without them may not let your agent revise the deed, even if it gives broad authority over real estate. Whether a particular change is within the agent’s authority is a legal question to answer before anyone signs.

Even with the right enumerations, the agent is a fiduciary who must act in good faith and in line with your known wishes and best interest. An agent who rewrites a deed in their own favor invites litigation.

A court-appointed guardian

If there is no adequate power of attorney, the family may need a guardianship. A guardian manages your property under court supervision and generally needs court authorization for significant transactions involving real estate. That is slower, public and more expensive than planning ahead.

What to do now

  • Review your power of attorney to see which specific powers you initialed.
  • Make deliberate changes while you can sign them. If you already know the deed needs updating, do it now rather than leaving it to an agent.
  • Name backups in the deed itself, so that a beneficiary’s death does not force a change at a moment when you cannot make one.

Sources: Fla. Stat. §§ 709.2201 and 709.2202 (authority of agent; authority requiring separate signed enumeration); Fla. Stat. § 709.2114 (agent’s duties); Fla. Stat. ch. 744 (guardianship).

When to Review Your Lady Bird Deed

Life events that commonly call for a new deed.
EventWhy it matters
A beneficiary diesBackup language decides the share unless you record a new deed.
Divorce, yours or a beneficiary’sNo automatic removal of an ex-spouse from a deed; a beneficiary’s divorce can expose an inherited share.
Marriage or remarriageHomestead joinder and surviving spouse rights apply to the new spouse.
Birth of a grandchild or a minor beneficiaryA minor cannot readily sell or mortgage inherited real estate.
A beneficiary develops a disability or receives benefitsAn outright inheritance can affect means-tested benefits; a trust may be needed.
A beneficiary has creditor or addiction problemsOnce the property transfers at death, it is exposed to that beneficiary’s creditors.
You create a revocable trustDecide whether the property goes into the trust or stays under the deed.
Long-term care planning beginsCoordinate the deed with the Medicaid plan before changing anything.
UPDATE YOUR DEED

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Update Your Lady Bird Deed the Right Way

Yanitza Schoonover focuses her practice on probate administration and estate planning for Florida families. She helps owners with:

  • Replacement deeds naming new or backup beneficiaries
  • Revocation deeds and deeds into revocable trusts
  • Post-divorce and post-remarriage deed reviews
  • Coordinating the deed with your will and power of attorney


Our deed preparation is a $595 flat fee. Bring your recorded deed and tell us what changed.

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Florida Lady Bird Deed attorney Yanitza Schoonover, who prepares replacement and revocation deeds

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Revoking or Changing a Lady Bird Deed: Frequently Asked Questions

How do I change the beneficiaries on a Florida Lady Bird Deed?

Sign a new enhanced life estate deed that reserves your enhanced life estate again and names the new beneficiaries, with two witnesses and a notary, and with your spouse joining if the property is homestead. Then record it in the Official Records of the county where the property is located. The beneficiaries named in the old deed do not need to sign or consent.

Can I revoke a Lady Bird Deed without the beneficiaries’ permission?

Yes. The enhanced life estate deed reserves the power to revoke without the consent of the remainder beneficiaries. Revocation is done by recording a deed conveying the property back to yourself in fee simple, or to the trustee of your trust.

If my will leaves the house to someone else, which one controls?

The deed. A Lady Bird Deed passes the property outside your probate estate at the moment of death, so a will has nothing to act on as to that property. Change the deed first, then update the will so the two do not conflict.

What happens if a beneficiary named in my Lady Bird Deed dies before me?

The deed’s wording decides. Per stirpes language sends the share to the beneficiary’s descendants, survivorship language sends it to the other named beneficiaries, and a named contingent beneficiary takes if one is listed. Without backup language, the share’s destination can be uncertain and may require probate, so the best course is to record a new deed while you can.

Does a divorce automatically remove my ex-spouse from my Lady Bird Deed?

Do not assume it does. Florida’s statute voiding a former spouse’s beneficiary designations after divorce, section 732.703, applies to a listed set of assets such as life insurance, retirement accounts and payable-on-death or transfer-on-death accounts, and deeds to real property are not on that list. Record a new deed once the divorce judgment and settlement agreement allow it.

Can my agent under a power of attorney change my Lady Bird Deed?

Only if the power of attorney gives the agent the right authority. Florida requires the principal to sign or initial next to certain specific powers, including making gifts, creating or changing rights of survivorship, and creating or changing a beneficiary designation, before an agent may exercise them. General real estate language may not be enough, so the document needs to be reviewed before any change is signed.

Do I need to revoke my Lady Bird Deed before I sell the house?

No. Selling is an exercise of the reserved power to convey, and the deed to your buyer cuts off the beneficiaries’ interest. They do not sign the closing documents. If you buy a replacement home, sign a new Lady Bird Deed on it.

How much does it cost to change a Lady Bird Deed?

Our flat fee for preparing a Lady Bird Deed is $595, and our pricing page sets out the recording charge. County recording fees are $10.00 for the first page and $8.50 for each additional page, and the deed is generally not subject to documentary stamp tax under the Department of Revenue’s Technical Assistance Advisement 20B4-004.

More general questions are answered on our Florida Lady Bird Deed FAQ page, and every guide is collected on the Lady Bird Deed guides page.

We prepare Lady Bird Deeds for property throughout Florida for a $595 flat fee. Find local recording guidance on our areas we serve page, or keep reading on the guides page.

Florida Lady Bird Deed Attorney Serves Homeowners Across Florida

We help homeowners throughout Florida with Lady Bird Deeds and probate avoidance planning. Below are many of the primary Florida markets we serve, but we're not limited to these locations. You can also browse the full Florida Lady Bird Deed city and county directory, or read our Lady Bird Deed guides.

• Boca Raton • Boynton Beach • Bradenton • Cape Coral • Clearwater • Coral Springs • Davie • Daytona Beach • Deerfield Beach • Delray Beach • Doral • Fort Lauderdale • Fort Myers • Hallandale Beach • Hialeah • Hollywood • Homestead • Jacksonville • Kendall • Lauderdale Lakes • Melbourne • Miami • Miami Beach • Miramar • Naples • Ocala • Orlando • Palm Coast • Parkland • Pembroke Pines • Pine Hills • Plantation • Pompano Beach • Port Charlotte • Port Saint Lucie • Saint Petersburg • Sarasota • Spring Hill • Sunrise • Tallahassee • Tampa • Venice • The Villages • West Palm Beach • Weston

Legal disclaimer. This page is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. The effect of a particular Lady Bird Deed depends on its exact wording, the deeds recorded before and after it, and family circumstances such as marriage, divorce and the death of a beneficiary. Divorce, incapacity and power of attorney questions in particular turn on the specific documents, so have them reviewed before acting. Deeds are recorded in the Official Records of the county where the property is located, by the Clerk of the Circuit Court in most counties and by the Records, Taxes and Treasury Division in Broward County; confirm current fees and procedures with that office. Information current as of October 2026.

The Schoonover Law Firm, P.A. · Yanitza Schoonover, Attorney at Law · Licensed in Florida. Attorney advertising.