Hillsborough County Lady Bird Deed Attorney

A Hillsborough County Lady Bird Deed, known formally as a Florida enhanced life estate deed, lets your home pass directly to the people you name at your death, with no probate case in the Thirteenth Judicial Circuit for that property. While you are alive nothing changes: you stay on title, you keep your homestead exemption, and you can live in the property, rent it, refinance it, sell it, or revoke the deed entirely without asking anyone.

Hillsborough County has grown quickly over the past few decades, and that growth has a family pattern behind it. Many owners raised children in Tampa, Brandon or Riverview who then took jobs in other states. Others retired here, to Sun City Center or Apollo Beach, while their children stayed up north. Either way, the people who will inherit the house often live far from it.

That distance is the theme of this page. Run from another state, a Florida probate case becomes a project measured in flights, a Florida lawyer the family has never met, and months of a vacant house. A Lady Bird Deed removes the house from that process.

Hillsborough County Lady Bird Deed: the short version

  • What it does: names beneficiaries who receive your Hillsborough County property automatically at death, outside of probate.
  • What you keep: full control for life, with the freedom to sell, rent, refinance, or revoke without anyone’s permission.
  • Out-of-state children: they do not sign the deed, do not need to come to Florida, and do not need a Florida court to take title.
  • Where it records: the Hillsborough County Clerk of Court & Comptroller, in person in downtown Tampa, Brandon or Plant City, by mail, or by e-recording.
  • Probate without it: a case in the Thirteenth Judicial Circuit, a Florida attorney for the personal representative, and a creditor period of at least three months.
  • Cost: a $595 flat fee for preparation, plus $24.85 in recording costs. See pricing.

Cities We Serve in Hillsborough County

Tampa is the center of Hillsborough County and has its own in-depth guide. Owners in Brandon, Riverview, Plant City, Temple Terrace, Valrico, Apollo Beach, Sun City Center and every other part of the county record in the same Clerk’s offices and probate in the same circuit court described on this page.

Across the bay and up the coast

Many Hillsborough families own, or inherit, property in neighboring counties. Each of these records in a different county office, which is why the deed is drafted for the county where the property sits.

What Is a Hillsborough County Lady Bird Deed?

A Hillsborough County Lady Bird Deed is the common name for a Florida enhanced life estate deed recorded in the Hillsborough County Official Records. You convey the property to yourself for life, with the remainder to the beneficiaries you choose, called remaindermen. The word enhanced describes the powers you reserve: to sell, convey, mortgage, lease and revoke, all without the consent of the people you named.

That reservation is what makes the deed safe to sign. Under a traditional life estate deed, you could not sell or refinance without every beneficiary signing, which is unworkable when they live in three different states. Under an enhanced life estate deed, they have nothing to sign and nothing to approve while you are alive.

The recording formalities come from Fla. Stat. §§ 689.01 and 695.03. The enhanced reservation itself comes from Florida practice and title custom rather than a statute written for it, which is why precise drafting matters. Florida has not enacted a transfer on death deed statute for real property, so the Lady Bird Deed fills that role here. For a side-by-side look, see our guide to Lady Bird Deeds versus wills, trusts and quitclaim deeds and our explanation of why Florida has no transfer on death deed.

Hillsborough County Lady Bird Deed attorney helping Tampa Bay homeowners avoid probate

When Your Beneficiaries Live Out of State

Consider what a Florida probate on a Brandon house actually asks of a daughter in Denver. Someone has to petition the Hillsborough County probate court to be appointed personal representative. Florida’s probate rules generally require a personal representative to be represented by a Florida attorney. Notice to creditors must be published and creditors given at least three months to file claims before the estate can close. Meanwhile, the house sits empty, the insurance policy may not cover a vacant home for long, and every decision about the property waits for court authority.

The same house, seen from a beneficiary who lives in another state. Results depend on the will, the title and the family.
 Probate in Hillsborough CountyLady Bird Deed
Court case needed for the house?YesNo
Who can be in charge?A personal representative the court appoints. Nonresidents qualify only if closely related to the decedent.No one needs to be appointed. Title vests in the named beneficiaries at death.
Florida attorney for the family?Generally required for the personal representativeNot required to take title
Creditor waiting period on the house?At least three months after first publicationNone for that property
Travel to Tampa?Often, though less than it used to beUsually none. A sale can close remotely.
What starts the process?A petition, a filing fee and an orderA recorded certified death certificate

Who can serve as personal representative from another state

This is the part that surprises families. Florida restricts who may serve as personal representative if they are not domiciled in Florida. Under Fla. Stat. § 733.304, a nonresident can serve only if they fall into a defined set of relatives: a legally adopted child or adoptive parent, a person related by lineal consanguinity (children, grandchildren, parents), a spouse, brother, sister, uncle, aunt, nephew or niece, someone related by lineal consanguinity to one of those, or the spouse of a person who qualifies.

Your adult children in other states will normally qualify. Your best friend in Ohio or a son-in-law named on his own generally will not, and if your will names someone like that, the court will appoint someone else. A Lady Bird Deed sidesteps the question for the house, because no personal representative is involved in passing it.

Several children in several states

When you name more than one beneficiary, they inherit undivided shares of the property. That works well when they agree. Every one of them must sign to sell, and any one of them can generally ask a court to partition the property if they cannot agree. With siblings scattered across time zones, the practical question is not legal but logistical: who will deal with the house?

What we suggest for families spread across the country

  • Talk about the plan now. Decide whether the house is likely to be sold, kept as a rental, or bought out by one child, and make sure the others know.
  • Name contingent beneficiaries. If a child dies before you, the deed should say whether that share goes to their children or to their siblings.
  • Think twice about minors. A grandchild under 18 cannot sign a deed to sell, and property passing to a minor can require a court-supervised guardianship of the property. A trust is often the better vehicle for a minor’s share.
  • Keep the paperwork findable. Your children should know the deed exists and where the recorded copy is. It is public record, but they have to know to look.

Sources: Fla. Stat. § 733.304 (nonresident personal representatives); Fla. Stat. § 733.702 (creditor claims period); Fla. Prob. R. 5.030 (attorney requirement); Fla. Stat. ch. 64 (partition).

The Vacant House Problem

When the beneficiaries live elsewhere, the home is usually empty from the day of the death until it sells or is rented. An empty house in the Florida summer has its own list of risks, and probate stretches that period out.

  • Insurance: many homeowner policies restrict coverage once a home has been vacant for a stated period. Read the policy now.
  • Hurricane season: someone needs authority to secure the house, deal with a roof claim, and sign with a contractor.
  • Associations: HOA dues and assessments keep running. Unpaid assessments become a lien on the property.
  • Utilities and maintenance: power for air conditioning, lawn care required by the association, and mail.
  • Property tax: the homestead exemption generally ends when no qualifying owner lives there, so the next bill can be considerably higher.

With a Lady Bird Deed, the beneficiaries can insure, list, rent or repair the property in their own names once the death certificate is recorded. Without one, much of that waits for a personal representative to be appointed.

Hillsborough County Lady Bird Deed lawyer planning for out-of-state beneficiaries

Recording a Lady Bird Deed in Hillsborough County

Deeds in Hillsborough County are recorded by the Hillsborough County Clerk of Court & Comptroller, through its Recording Department, in the county’s Official Records. Unlike Broward, where a separate county division records deeds, Hillsborough follows the common Florida model: the Clerk does it.

The Clerk offers in-person recording at offices in downtown Tampa, Brandon and Plant City. Original signed and notarized deeds may also be mailed to the Clerk’s recording address, P.O. Box 3249, Tampa, FL 33601-3249. The Clerk does not accept deeds by email. According to the Clerk, recording in person is the only way to guarantee same-day recording.

E-recording is available through third-party vendors that the Clerk lists as a courtesy, including CSC, e-Doc Solutions and Simplifile. We e-record most deeds, which avoids the mail and returns the recorded instrument quickly. That matters to clients who live part of the year elsewhere and want confirmation before they leave.

Execution requirements

Florida requires a deed conveying an interest in real property to be signed in the presence of two subscribing witnesses and acknowledged before a notary public (Fla. Stat. §§ 689.01 and 695.03). Both witnesses must be present and must sign. Only the owner signs, together with a spouse where homestead rules require it. Your beneficiaries do not sign. Deeds signed at a hospital or care facility without proper witnessing are a recurring problem, and the defect surfaces at death, when it can no longer be fixed.

Recording fees and documentary stamp tax

Recording charges are set by statute and are the same in every Florida county: $10.00 for the first page, $8.50 for each additional page, and $1.00 per name indexed beyond four names. Hillsborough applies the standard statewide documentary stamp rate of $0.70 per $100 of consideration on taxable deeds.

Whether the tax applies to this deed at all was addressed in Technical Assistance Advisement 20B4-004 (October 16, 2020), in which the Florida Department of Revenue concluded that an enhanced life estate deed is not subject to documentary stamp tax, because no present beneficial interest transfers when the deed is signed. A Technical Assistance Advisement binds the Department only as to the taxpayer and facts presented. The Department stated that conclusion applies regardless of any consideration, including a mortgage.

Sources: Hillsborough County Clerk of Court & Comptroller, Property Records and Recording (offices in Downtown Tampa, Brandon and Plant City; P.O. Box 3249, Tampa, FL 33601-3249; e-recording vendors; recording fees); Florida Department of Revenue Technical Assistance Advisement 20B4-004 (Oct. 16, 2020); Fla. Stat. ch. 201; Fla. Stat. § 28.24 (statutory service charges); Fla. Stat. §§ 689.01, 695.03.

Hillsborough County Probate: What the Deed Avoids

Probate in Hillsborough County is handled in the probate division of the Thirteenth Judicial Circuit, a circuit made up of Hillsborough County alone. Probate filings are made with the Hillsborough County Clerk of Court & Comptroller, which keeps the court file.

Here is what a Florida probate generally involves when a house is titled in the decedent’s name alone, with no deed in place:

  1. Deposit the original will

    Whoever holds the original will must deposit it with the Clerk within 10 days after learning of the death (Fla. Stat. § 732.901). That applies even when no one intends to open a probate case.

  2. Petition for administration

    A petition is filed asking the court to admit the will and appoint a personal representative, who is generally represented by a Florida attorney.

  3. Letters of administration

    Once appointed, the personal representative receives letters, which are the authority to act for the estate.

  4. Notice to creditors

    Notice is published and served on known creditors. Claims are generally barred if not filed within three months after first publication, with longer periods in some situations.

  5. Homestead determination

    If the house was the decedent’s homestead, a separate order determining homestead status is usually needed before a title company will insure a sale.

  6. Inventory, distribution and discharge

    The personal representative inventories assets, pays valid claims and expenses, distributes, and asks the court for discharge.

Florida also offers summary administration, a shorter procedure without a personal representative. Effective July 1, 2026, CS/HB 1337 (ch. 2026-57, Laws of Fla.) raised its non-exempt asset ceiling from $75,000 to $150,000 under Fla. Stat. § 735.201, for decedents who die on or after that date. It remains available at any value once more than two years have passed since the death. Even in summary administration, a homestead usually still needs an order determining homestead status, and the out-of-state family still needs a Florida lawyer to file it.

A Lady Bird Deed takes the house out of all of this, though accounts with no beneficiary, a car, or other property not covered by a deed can still require probate. More on what heirs do afterwards is in our guide to what happens after the owner dies.

Sources: Fla. Stat. § 732.901 (deposit of wills); Fla. Stat. § 733.702 (limitations on claims); Fla. Stat. § 735.201 as amended by ch. 2026-57, Laws of Fla. (CS/HB 1337); Fla. Prob. R. 5.030; Fla. Prob. R. 5.405 (proceedings to determine homestead real property).

The Hillsborough County Property Appraiser and Your Homestead Filings

The Hillsborough County Property Appraiser administers the homestead exemption, the Save Our Homes assessment cap and portability for property in the county. The Property Appraiser identifies each parcel by a folio number, which we use alongside the legal description from your vesting deed when we draft.

A properly drafted Hillsborough County Lady Bird Deed should not disturb your homestead exemption or your Save Our Homes cap during your lifetime. You retain the enhanced life estate, you remain in possession, and the Property Appraiser continues to treat you as the owner of record. You do not need to re-apply for the exemption because you recorded the deed.

Filings that matter in Hillsborough

  • Homestead exemption: you must own and permanently reside in the home as of January 1, with the application filed by March 1 of that year.
  • Portability: if you move to a new Florida homestead, up to $500,000 of accumulated Save Our Homes benefit can come with you, generally within three tax years. Our Saint Petersburg page covers portability in depth.
  • After a death: a beneficiary who lives in another state cannot claim a Florida homestead exemption on the inherited house, because the exemption requires permanent residence in Florida.

Out-of-state families should hear that last point in advance. At death the property is reassessed at market value, and if no beneficiary moves in and qualifies, it is taxed as non-homestead property with only a separate 10% annual cap on non-school assessments. That happens whether the house passes by deed, probate or trust.

Sources: Art. VII, §§ 4 and 6, Fla. Const.; Fla. Stat. §§ 193.155, 193.1554 and 196.011; Hillsborough County Property Appraiser homestead and portability guidance.

Spousal Rights and the Stepped-Up Basis

Article X, Section 4 of the Florida Constitution provides that a married owner cannot convey homestead without the spouse joining in the deed, and that homestead cannot be devised away from a surviving spouse or a minor child. The joinder requirement applies when the deed is signed; the limit on devising homestead is applied based on the property and the family at death. A married Hillsborough couple normally signs the Lady Bird Deed together, naming the beneficiaries who take after the second death.

Because you keep the enhanced powers, the property remains in your gross estate at death, which normally produces a stepped-up cost basis equal to the date-of-death value. When children in other states inherit a house they will sell, the step-up can eliminate most or all of the capital gain. Deeding the home to them during your lifetime typically forfeits it. Our capital gains guide walks through the numbers; confirm your own situation with a tax advisor.

Medicaid and Estate Recovery

Florida’s Medicaid program is required by federal law to seek reimbursement from the estates of recipients aged 55 and over who received long-term care benefits. Florida defines that estate narrowly: recovery reaches assets passing through the probate estate, and Florida has not adopted the expanded definition some states use.

Because a Lady Bird Deed moves the home outside probate, it is one of the standard tools for reducing estate recovery exposure on a Florida homestead, and it never stands in the way of a sale if a move closer to family becomes necessary.

The limits

  • The deed does not qualify anyone for Medicaid. Eligibility is a separate analysis.
  • The five-year look-back still applies to other transfers, including an outright gift of the home.
  • Protection depends on the home keeping homestead status and passing to heirs; if the home falls back into the probate estate (for example, because no named beneficiary survives), recovery rules can reach it.

Our full write-up is on the Florida Lady Bird Deed and Medicaid page.

Sources: 42 U.S.C. § 1396p; Fla. Stat. §§ 409.910 and 409.9101; Art. X, § 4, Fla. Const.

After a Death: What Your Family Does From Another State

  1. Order certified death certificates

    From the Florida Department of Health, which can be ordered remotely. Order several; the title company, insurer and any association will each want one.

  2. Record one in the Hillsborough County Official Records

    By mail to the Clerk or through an e-recording vendor. This publicly establishes that the life estate has ended and the named beneficiaries hold title.

  3. Secure and insure the house

    Call the insurer about the change in ownership and occupancy. A vacant home may need different coverage.

  4. Tell the association and the Property Appraiser

    The association updates owner records. The homestead exemption will end unless a qualifying owner lives there.

  5. Provide an affidavit if a title company asks

    On a sale, a title underwriter commonly wants an affidavit confirming identity, continuous marital status, and that the deed was never revoked.

  6. Close the sale remotely if they wish

    Florida authorizes remote online notarization, so beneficiaries in other states can often sign closing documents without flying to Tampa.

What is not on that list: a petition, a Florida court appointment, or a creditor claim period for that property. Our guide to selling or refinancing explains how title companies treat the deed.

What a Lady Bird Deed Does Not Do

Common misconceptions, including several about out-of-state heirs.
People assume it…Reality
Lets an out-of-state child keep the homestead exemptionNo. The exemption requires a Florida permanent resident living in the home.
Covers the whole estateOnly the real property described in it. Accounts, vehicles and belongings are untouched.
Replaces a willNo. You still want a will for everything the deed does not cover.
Stops siblings disagreeingNo. It hands them undivided shares. Any one of them can generally seek partition.
Works for a minor beneficiary without moreNot well. A minor’s share may need a guardianship of the property or a trust.
Qualifies you for MedicaidNo. It may reduce estate recovery exposure on a homestead, but it does not create eligibility.

If you later change your mind about who should receive the property, the deed can be changed. Our guide to revoking or changing a Lady Bird Deed explains how.

How to Get a Hillsborough County Lady Bird Deed

  1. Decide who should receive the property

    Who you want to receive the house, in what shares, and who takes if a beneficiary dies first. If your beneficiaries live in other states, talk with them about whether they would sell, rent or keep it.

  2. Confirm the deed fits your goals

    How the property is titled, whether you are married, whether there is a minor child, and whether a mortgage or association documents affect the plan.

  3. Pull the vesting deed and folio number

    The exact legal description from the last recorded deed in the Hillsborough County Official Records, plus the folio number from the Hillsborough County Property Appraiser.

  4. Draft the enhanced life estate reservation

    Reserving your power to sell, convey, mortgage, lease and revoke without the beneficiaries’ consent, and naming contingent takers.

  5. Sign with two witnesses and a notary

    Both witnesses present and signing. A married owner’s spouse joins the deed on homestead property. The beneficiaries do not sign.

  6. Record with the Hillsborough County Clerk

    In person in downtown Tampa, Brandon or Plant City, by mail, or by e-recording, for $10.00 for the first page and $8.50 per additional page.

  7. Tell your beneficiaries where the deed is

    A copy of the recorded deed with your important papers, and a conversation so the family knows what to do and that no probate is needed for the house.

START WITH A CONSULTATION

Communities Across Hillsborough County

We prepare Lady Bird Deeds for property throughout Hillsborough County, including:

  • Tampa
  • Brandon
  • Riverview
  • Plant City
  • Temple Terrace
  • Valrico
  • Seffner
  • Lithia
  • FishHawk
  • Apollo Beach
  • Ruskin
  • Sun City Center
  • Gibsonton
  • Lutz
  • Carrollwood
  • Town ’n’ Country
  • Westchase
  • Citrus Park
  • Thonotosassa
  • Dover

Nearby Areas We Serve

Hillsborough families often own or inherit property in neighboring counties. Each records in its own county office:

  • Pinellas County: older homes, flood zones and beach condominiums across the bay.
  • Sarasota County: second homes, retirees, and ancillary probate for out-of-state owners.
  • Bradenton: Manatee County, just south across the Sunshine Skyway.
  • Orange County: Orlando-area rentals, investors and the Comptroller who records deeds.
  • Spring Hill: Hernando County homes north along the Suncoast.

Work With a Hillsborough County Lady Bird Deed Attorney

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

  • Hillsborough County Lady Bird Deed drafting, execution and recording
  • Planning for beneficiaries who live outside Florida
  • Formal and summary probate administration
  • Estate planning coordination for Florida homesteads


If your children live in other states, the kindest thing you can leave them along with the house is a way to receive it without a Florida court case. The fee is a flat $595. Schedule a consultation and we will tell you plainly whether a Lady Bird Deed fits.

Schedule Your Consultation
Hillsborough County Lady Bird Deed attorney Yanitza Schoonover

Yanitza Schoonover

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.

See every market on our areas we serve page, or browse the Lady Bird Deed guides. Ready to start? See the flat fee or contact us.

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. Rules on who may serve as a personal representative, and how property passes to minors, depend on the specific facts. Recording locations, fees, tax rates and court procedures described were accurate as of October 2026 and should be confirmed with the Hillsborough County Clerk of Court & Comptroller, the Hillsborough County Property Appraiser and the Florida Department of Revenue.

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