Hillsborough County Lady Bird Deed Frequently Asked Questions
Where is a Lady Bird Deed recorded in Hillsborough County?
With the Hillsborough County Clerk of Court & Comptroller, in the county’s Official Records. The Clerk offers in-person recording in downtown Tampa, Brandon and Plant City, accepts original deeds by mail at P.O. Box 3249, Tampa, FL 33601-3249, and accepts e-recording through third-party vendors. The Clerk does not accept deeds by email, and says in-person recording is the only way to guarantee same-day service.
My children live out of state. Do they need to sign anything or come to Florida?
No. Only the owner signs the Lady Bird Deed, before two witnesses and a notary, together with a spouse where Florida homestead rules require it. The beneficiaries do not sign, do not need to be present, and do not even need to be told, though we recommend telling them. After your death, they can record the death certificate by mail or e-recording and, if they sell, often close remotely.
Can my son or daughter who lives in another state be personal representative if there is a probate?
Usually yes. Florida limits nonresident personal representatives to certain relatives under Fla. Stat. § 733.304, and children, grandchildren and other lineal descendants are on that list, as are siblings, nieces and nephews. A nonresident friend or an in-law who is not on the list generally cannot serve. With a Lady Bird Deed the question does not arise for the house, because no personal representative is needed to pass it.
How does an out-of-state beneficiary sell the house after I die?
They record a certified death certificate in the Hillsborough County Official Records, and the title company handling the sale will typically ask for an affidavit confirming identity, marital status and that the deed was never revoked. If there are several beneficiaries, all of them sign the closing documents. Florida allows remote online notarization, so beneficiaries in other states can often sign without traveling.
What happens to the homestead exemption if none of my beneficiaries moves into the house?
It ends. The homestead exemption requires an owner who permanently resides in the home in Florida. After your death the property is reassessed at market value, and if no beneficiary qualifies for the exemption, it is taxed as non-homestead property with a separate 10% annual cap on non-school assessments. That reset happens with or without a deed.
What does Hillsborough County probate involve if there is no deed?
A case in the probate division of the Thirteenth Judicial Circuit: a petition, appointment of a personal representative who is generally represented by a Florida attorney, published notice to creditors with a claims period of at least three months, and usually a separate order determining homestead status before the house can be sold. Effective July 1, 2026, summary administration is available for non-exempt estates up to $150,000 under Fla. Stat. § 735.201, for deaths on or after that date.
What if I want to name a grandchild who is still a minor?
You can, but think it through. A minor cannot sign a deed to sell, and property passing to a minor can require a court-supervised guardianship of the property, which is its own court case. If a minor is likely to inherit, a trust, or naming the trust as the beneficiary, is often the cleaner route. We will raise this when we review your beneficiaries.
Can a Hillsborough County Lady Bird Deed be changed or revoked later?
Yes. You can sell the property, refinance it, lease it, add or remove beneficiaries, or revoke the deed entirely without the consent of the people named to receive it. A new deed is prepared and recorded to make the change effective. That matters for families whose circumstances change as children move, marry or have children of their own.
More general questions are answered on our Florida Lady Bird Deed FAQ page.