Lauderdale Lakes Lady Bird Deed Frequently Asked Questions
Isn't there a simple small-estate process in Florida for a house?
Not for a house. Florida's simplest procedure, disposition without administration under Fla. Stat. § 735.301, applies only where the decedent left personal property, and only in narrow circumstances. Real property does not qualify for it at all, regardless of how modest the home is. That is the single most useful thing on this page, because it means the cheapest route in Florida law is closed to the asset that matters most to a Lauderdale Lakes family.
What is disposition without administration, exactly?
It is a short procedure for very small estates consisting of personal property. Under § 735.301, no administration is required where the decedent left only personal property exempt from creditors, plus non-exempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the final illness. It was designed to let a family recover a small bank balance to cover a funeral, not to transfer a house.
What about summary administration? Our house is not worth much.
Summary administration under § 735.201 is a genuine shortcut and it is often available here. Effective July 1, 2026, CS/SB 1500 raised the non-exempt asset ceiling from $75,000 to $150,000, applying to deaths on or after that date. Protected homestead is exempt and is not counted toward that ceiling, so a home does not usually push an estate over the limit. But it is still a court proceeding, it still requires a petition, and where a homestead is involved a separate petition and order determining homestead status is usually needed before title is marketable.
Nobody did anything when my mother died six years ago. Is it too late?
No, and there is a provision that helps. Summary administration remains available at any estate value once more than two years have passed since the date of death, because the creditor claim period has run. Families who did nothing for years sometimes find the route is simpler now than it would have been at the time. What has usually grown harder is the record itself: the longer a home sits in a deceased person's name, the more heirs there are to locate and the more likely a title company is to require a court order before insuring a sale.
Why does a Lady Bird Deed matter more here than in a wealthier area?
Because probate cost is largely fixed while the asset is not. The court filing, the notices, the publication and the professional time do not shrink because the house is worth $214,100 rather than $900,000. A proceeding that is an irritation to a family in Weston can be a genuine hardship in Lauderdale Lakes, where median household income is close to $50,000. The deed removes that entirely for the one asset carrying most of the estate's value.
My home has an association lien on it. Does the deed clear that?
No. Any recorded lien travels with the property, and a Lady Bird Deed does not extinguish it. Association assessments, municipal utility liens and contractor claims of lien all remain attached, and whoever inherits the home inherits the obligation. That is worth knowing in advance rather than discovering at a closing, and it is a reason to check the record before drafting rather than after.
Where is a Lady Bird Deed recorded for Lauderdale Lakes property?
In the Broward County Official Records. Broward is unusual in that deeds are recorded by the county Records, Taxes & Treasury Division rather than the Clerk of the Circuit Court. The counter is at the Broward County Governmental Center, 115 South Andrews Avenue, Room 114, Fort Lauderdale, generally open 8:30 a.m. to 5:00 p.m. weekdays. Deeds may also be mailed or submitted through an approved e-recording provider.
Will a Lauderdale Lakes Lady Bird Deed affect my homestead exemption?
A properly drafted deed should not affect your homestead exemption or your Save Our Homes assessment cap during your lifetime. You retain an enhanced life estate, you remain in possession, and the Broward County Property Appraiser continues to treat you as the owner of record. The cap resets at your death on the change of ownership, which happens with or without the deed.
Does a Lauderdale Lakes Lady Bird Deed protect the home from Medicaid estate recovery?
Florida limits Medicaid estate recovery to assets that pass through the probate estate. Because a Lady Bird Deed moves the home outside probate, it is one of the standard tools for reducing exposure on a Florida homestead. With almost one in five residents aged 65 or older, this is a live question here. The deed does not qualify anyone for Medicaid, the five-year look-back still applies to other transfers, and the protection depends on the home keeping homestead status and passing to heirs. See our Medicaid guide.
Do my beneficiaries get a stepped-up basis?
Generally yes. Because you keep the enhanced powers, the property remains in your gross estate at death, which normally produces a stepped-up cost basis, meaning their basis becomes the date-of-death value rather than what you paid. For an owner who bought decades ago in a market that has appreciated substantially since, this can be worth more than the probate saving. Deeding the home to a child during your lifetime typically forfeits it. Confirm with a tax advisor.
Can a Lauderdale Lakes 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. Nothing you sign today locks you out of your own house or requires you to ask anyone's permission later.
More general questions are answered on our Florida Lady Bird Deed FAQ page.
