Miami Beach Lady Bird Deed Frequently Asked Questions
Does Florida have a transfer on death deed for real estate?
No. Florida has not adopted the Uniform Real Property Transfer on Death Act, so there is no transfer on death deed for Florida real estate. This surprises owners who have used one in another state. The Lady Bird Deed, or enhanced life estate deed, is the Florida instrument that accomplishes a similar result: the property passes to named beneficiaries at death without probate, while the owner keeps full control during life. Florida does allow transfer on death designations for bank and brokerage accounts and for motor vehicle titles, but not for real property.
My Miami Beach condo is a second home and I live in another state. Does a Lady Bird Deed still help?
This is the single strongest use case on Miami Beach. Florida real property owned at death by a non-resident normally requires an ancillary administration in Florida, a separate probate case running alongside the main probate in your home state. That means Florida counsel, Florida court filings and Florida timelines on top of everything your family is already handling. A Lady Bird Deed removes the Florida property from probate entirely, so no ancillary case is needed for that asset.
Do I need my spouse to sign if the Miami Beach property is not my homestead?
Generally no. The spousal joinder requirement in Article X, Section 4 of the Florida Constitution applies to homestead property. If the unit is a second home or investment property and your permanent residence is elsewhere, that restriction does not attach. Be careful, though: homestead status is determined by facts, not preference, and if you have claimed the Florida homestead exemption on the property then it is homestead. Getting this wrong in either direction is how deeds fail.
What happens to my condo’s special assessments when my beneficiaries inherit it?
They follow the unit. Many older Miami Beach buildings are funding milestone inspections and structural integrity reserve studies, and the resulting assessments can be substantial. A Lady Bird Deed transfers the unit, not a clean slate. Your beneficiaries take it subject to the declaration of condominium, any recorded lien for unpaid assessments, and any assessment still being collected.
Is the documentary stamp tax different in Miami-Dade County?
Yes. Miami-Dade is the only Florida county with its own rate: $0.60 per $100 of consideration rather than the $0.70 used in the other 66 counties, plus a $0.45 per $100 surtax on transfers of property other than a single-family residence. Whether a particular condominium unit qualifies as a single-family residence for surtax purposes is worth confirming with the Clerk before recording. Separately, the Florida Department of Revenue concluded in Technical Assistance Advisement 20B4-004 that an enhanced life estate deed is not subject to documentary stamp tax at all.
What do my beneficiaries actually have to do when I die?
Far less than with probate. They obtain certified copies of the death certificate and record one in the Miami-Dade Official Records against the property, which establishes the chain of title publicly. A title company may also want an affidavit confirming identity and continuous marital status. They then notify the condominium association and the property insurer, and apply for their own homestead exemption if the unit becomes their permanent residence. There is no court case, no personal representative, and no creditor claim period for that property.
I am not a US citizen. Does a Miami Beach Lady Bird Deed work for me?
Yes for the probate problem, and it is a real benefit given how much Miami Beach property is foreign owned. The deed avoids a Florida probate case that heirs abroad would otherwise have to run remotely. It does not solve the tax problem: non-resident aliens face a much lower federal estate tax exemption on US situs assets than US persons do, and US real property is squarely a US situs asset. FIRPTA withholding also applies on a later sale by a foreign owner. Coordinate with a tax professional rather than treating the deed as a complete plan.
Can I put a Lady Bird Deed on a Miami Beach property I rent out on Airbnb?
Yes if you own it individually, since a Lady Bird Deed is not limited to homestead property. Two cautions specific to Miami Beach. First, the city enforces short-term rental restrictions in many residential districts, and violations can produce recorded liens that a beneficiary would inherit along with the unit. Second, if the property is titled to an LLC, which is common for rentals, a Lady Bird Deed is not the right instrument at all because the LLC owns the property rather than you.
Will a Miami Beach Lady Bird Deed affect my homestead exemption or Save Our Homes cap?
If the property is your homestead, a properly drafted deed should not affect either one during your lifetime. You retain an enhanced life estate, you remain in possession, and the Miami-Dade Property Appraiser continues to treat you as the owner of record. The Save Our Homes cap generally resets at your death on the change of ownership, which happens with or without the deed.
Can I name my children in different countries as beneficiaries?
Yes, and for Miami Beach families that is often the entire point. The practical caution is what happens after they inherit as co-owners. If they disagree about selling, any one of them can generally file a partition action, and coordinating a sale across time zones and jurisdictions is harder than it sounds. Where beneficiaries are unlikely to agree, naming one and equalizing elsewhere, or using a trust, is often the calmer plan.
Do my beneficiaries get a stepped-up basis?
Generally yes. Because you keep the enhanced powers, the transfer is treated as incomplete for federal tax purposes and the property is included in your gross estate at death, which normally produces a stepped-up cost basis. On a Miami Beach condominium bought decades ago, that step-up can eliminate most of the capital gain if the beneficiaries sell. Confirm the treatment for your situation with a tax advisor, particularly if you are not a US person.
Can a Miami Beach Lady Bird Deed be changed or revoked later?
Yes. That is the defining feature of an enhanced life estate deed. 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.
More general questions are answered on our Florida Lady Bird Deed FAQ page.