Saint Petersburg Lady Bird Deed Attorney

A Saint Petersburg Lady Bird Deed, known formally as a Florida enhanced life estate deed, lets your home or condominium pass directly to the beneficiaries you name at your death, with no Pinellas County probate case on that property. Nothing changes while you are alive: 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.

St. Petersburg is a market of people who have been here a long time. 21.1% of residents are 65 or older, 62.8% of housing is owner-occupied, the median owner-occupied home is worth $371,100, and median household income is $75,192.

Long tenure in Florida produces something specific: an enormous accumulated Save Our Homes benefit, the gap between what your house is worth and what you are taxed on. Owners here often have tens or hundreds of thousands of dollars of it. And there is a rule about that benefit almost nobody knows until it matters: it can follow you to a new Florida home, but it cannot follow you to your heirs.

Saint Petersburg Lady Bird Deed: the short version

  • What it does: names beneficiaries who receive the 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.
  • Portability is yours, not theirs. You can carry the benefit to a new Florida homestead. Your children cannot inherit it.
  • The cap is $500,000 of accumulated benefit, and the window is three tax years.
  • The cap resets at death whether the home passes by deed, by probate, or out of a trust.
  • Where it records: the Pinellas County Clerk of the Circuit Court & Comptroller, in Clearwater or St. Petersburg.

What Is a Saint Petersburg Lady Bird Deed?

A Saint Petersburg Lady Bird Deed is the common name for a Florida enhanced life estate deed recorded on property in Pinellas County. It names the beneficiaries, called remaindermen, who receive the property automatically at your death, while reserving to you an enhanced life estate that leaves you in complete control while you are alive.

For an owner who may yet downsize, the enhancement is what makes the instrument usable at all. Under a traditional life estate deed you could not sell without every named beneficiary signing, which would make moving to a smaller place or into a continuing care community a negotiation with your children. An enhanced life estate deed reserves the power to sell, convey, mortgage, lease and revoke without their consent.

The recording formalities come from Fla. Stat. §§ 689.01 and 695.03. The enhanced reservation itself is a creature of Florida practice and title custom rather than a statute written for it, which is why the drafting matters.

For a broader comparison, see our guide to Lady Bird Deeds versus wills, trusts and quitclaim deeds.

Saint Petersburg Lady Bird Deed attorney helping Pinellas County homeowners avoid probate

Portability: What Moves With You, and What Does Not

Start with what Save Our Homes actually is. Florida caps annual increases in the assessed value of your homestead at 3% or the change in the consumer price index, whichever is lower. Market value rises at whatever rate the market decides. Assessed value crawls. Over twenty or thirty years the two numbers separate, sometimes dramatically, and the gap between them is your accumulated benefit.

For a long time that benefit was locked to the house. Move, and you started over. Florida voters changed that, and the benefit is now portable.

How portability works

  • What transfers: the accumulated difference between just or market value and assessed value on your old homestead.
  • The cap: up to $500,000 of that difference may be ported.
  • The window: generally three tax years from January 1 of the year of your last qualified homestead exemption to establish the new homestead. That three-year window took effect on 1 January 2021, replacing a shorter one.
  • The application: filed with the county property appraiser, with the usual homestead deadline of March 1 of the year applied for.
  • Both directions: it works moving to a more expensive home and to a less expensive one, though the calculation differs.

Now the part that belongs on an estate planning page. Portability is a benefit that belongs to you. It moves with you, to another Florida homestead, while you are alive. It is not an asset. It is not property. It cannot be given away, left in a will, or attached to a Lady Bird Deed.

When you die, the property is reassessed at market value following the change of ownership. Your beneficiary applies for their own homestead exemption in their own name, if they qualify, and begins accumulating their own cap from that point. Everything you built up over thirty years stops with you.

That is true whether the home passes by Lady Bird Deed, through probate, or out of a trust. The deed is not doing this and no instrument avoids it. But it is worth knowing before your family finds out from a tax bill.

Sources: Art. VII, § 4, Fla. Const. (homestead assessment limitation and transfer of the accumulated benefit); Fla. Stat. § 193.155 (homestead assessments); Pinellas County Property Appraiser, portability guidance ($500,000 maximum transferable benefit; three tax years from January 1 of the last qualified homestead exemption, effective January 1, 2021; March 1 application deadline). Portability calculations depend on the specific figures for your property. Confirm with the county property appraiser.

Saint Petersburg Estate Planning Snapshot

A settled, high-ownership, older market where many owners have held the same home for decades.

  • 21.1% of Saint Petersburg residents are age 65+
  • 62.8% of housing units are owner-occupied
  • $371,100 median value of owner-occupied housing
  • $75,192 median household income
  • 10.7% of residents are foreign-born
  • 13.5% speak a language other than English at home

More than one in five residents is 65 or older, and 62.8% own where they live. This is a population that bought a long time ago and stayed.

St. Petersburg has also seen substantial appreciation, particularly since 2020. An owner who bought in the 1990s and never moved is carrying a very large Save Our Homes gap, which is a genuine annual saving now and a genuine surprise for the next owner later.

At 10.7% foreign-born, this is the least internationally connected market on this site, which changes the emphasis. The issues here are less about cross-border complexity and more about long tenure: accumulated tax benefits, accumulated capital gain, and deeds signed a long time ago.

Demographic figures: U.S. Census Bureau QuickFacts, St. Petersburg city, Florida (most recent American Community Survey five-year estimates available at publication).

Chart of the Saint Petersburg median home price trend over the past decade, used for Pinellas County estate planning and Saint Petersburg Lady Bird Deed research
Saint Petersburg median home price trend (past decade)
The steeper this line, the wider the gap between assessed and market value on a long-held home.

The Reset Your Family Will See

Two numbers move in opposite directions at your death, and it helps to see them side by side, because families routinely confuse one for the other.

Two different taxes, two different mechanisms, opposite outcomes.
 Save Our Homes capStepped-up basis
Which tax?Florida property taxFederal income tax on a later sale
What happens at your death?Resets to market valueResets to market value
Good or bad for your family?Bad. The tax bill goes up.Good. The taxable gain disappears.
Does the deed change it?No. Same through probate or a trust.The deed preserves it, where a lifetime gift would not.
Can you pass it on?No. It is yours only.Yes, that is the whole mechanism.

The same event, the change of ownership at death, triggers both. One costs your family money every year. The other saves them money once, and usually saves them far more.

On a home bought for $120,000 in the 1990s and worth $371,100 today, the accumulated gain is the number that would be taxed if a child received the house as a lifetime gift and later sold it. The step-up makes most of that gain disappear. The higher annual property tax bill, by comparison, is real but modest.

What to actually do about it

  • Tell them the number. Look up your assessed value and your market value on the Property Appraiser's site and show your family both.
  • Do not give the house away during your lifetime to avoid probate. It forfeits the step-up, which is the more valuable of the two.
  • If a beneficiary will move in, they should apply for their own homestead exemption promptly, by the March 1 deadline for the year they qualify.
  • If you are the one moving, the portability clock is the deadline to watch, not the deed.

Homestead Exemption, Save Our Homes and Spousal Rights

A properly drafted Saint Petersburg Lady Bird Deed should not disturb your homestead exemption or your Save Our Homes assessment cap during your lifetime. You retain the enhanced life estate, you remain in possession, and the Pinellas County Property Appraiser continues to treat you as the owner of record.

It is worth separating the two homestead concepts, because they share a name and do entirely different work. The homestead exemption is a property tax benefit administered by the Property Appraiser, and it is what Save Our Homes and portability attach to. The constitutional homestead under Article X, Section 4 is a creditor protection and a restriction on transfer, and it applies whether or not you ever filed for the tax exemption.

On the constitutional side, a married owner cannot convey homestead without the spouse joining in the deed, whether or not the spouse appears on title, and homestead cannot be devised away from a surviving spouse or a minor child. These restrictions are tested at death rather than at signing, which is why a deed that looked fine for years can fail at the moment it is needed.

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, and the word doing all the work is estate. Florida defines it narrowly: recovery reaches assets passing through the probate estate. 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. Recording it is not a transfer for the five-year look-back, because nothing leaves your control during your lifetime.

With 21.1% of St. Petersburg residents aged 65 or older, this is among the most frequently relevant sections on this page rather than a footnote.

The limits

  • The deed does not qualify anyone for Medicaid. Eligibility is a separate analysis.
  • The five-year look-back applies to transfers of non-homestead assets.
  • Protection depends on the home keeping homestead status and passing to heirs; a will directing a sale undoes 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.

Recording a Saint Petersburg Lady Bird Deed

Deeds in Pinellas County are recorded by the Pinellas County Clerk of the Circuit Court & Comptroller, in the county's Official Records.

Recording counters operate at 14250 49th Street North, Clearwater and at 545 1st Avenue North, St. Petersburg, generally open 8:30 a.m. to 4:30 p.m. weekdays. The Clerk's main office is at 315 Court Street, Clearwater. Documents may also be submitted through e-recording.

For a St. Petersburg owner the 1st Avenue North counter is usually the practical choice, and it is worth knowing it exists rather than assuming everything has to go to Clearwater.

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. Deeds signed at a hospital or care facility without proper witnessing fail this test regularly, and the failure surfaces at death when it can no longer be corrected. In a market with this age profile that is not a hypothetical risk.

Recording fees and documentary stamp tax

Recording charges are $10.00 for the first page, $8.50 for each additional page, and $1.00 per name indexed beyond four names. Pinellas County 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. Where the property carries a mortgage, the analysis turns on whether there is consideration.

Sources: Pinellas County Clerk of the Circuit Court & Comptroller, Recording (14250 49th Street North, Clearwater; 545 1st Avenue North, St. Petersburg; hours; e-recording; main office 315 Court Street, Clearwater); Florida Department of Revenue Technical Assistance Advisement 20B4-004 (Oct. 16, 2020); Fla. Stat. ch. 201; Fla. Stat. § 28.24(13) (statutory service charges); Fla. Stat. §§ 689.01, 695.03.

After a Death: What Your Family Actually Does

  1. Order certified death certificates

    From the Florida Department of Health. Order several: the Property Appraiser, the insurer, any association and any lender will each want one.

  2. Record one against the property

    Recorded in the Pinellas County Official Records, this publicly establishes that the life estate has ended and the named beneficiaries hold title.

  3. Provide an affidavit if a title company asks

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

  4. Expect the property tax bill to change

    The property is reassessed at market value following the change of ownership. This is the reset, and it arrives whether or not there was a deed.

  5. Apply for their own homestead exemption

    A beneficiary who moves in applies in their own name with the Pinellas County Property Appraiser, by the March 1 deadline for the year they qualify.

  6. Notify the insurer and any association

    Both need to know who owns and occupies the property.

What is not on that list: a petition, a filing fee, a personal representative, publication of notice to creditors, or a creditor claim period for that property.

What a Lady Bird Deed Does Not Do

Common misconceptions, several of them about property taxes.
People assume it…Reality
Passes your Save Our Homes cap to the kidsNo. It resets on the change of ownership at death. No instrument prevents that.
Passes your homestead exemption to the kidsNo. A beneficiary applies in their own name if they qualify.
Ports your benefit to a new house automaticallyNo. Portability is a separate application to the property appraiser, with its own deadline.
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.
Overrides condominium or HOA documentsNo. Transfer approval, leasing limits and recorded assessments all still apply.
Qualifies you for MedicaidNo. It may reduce estate recovery exposure on a homestead, but it does not create eligibility.
Stops you from downsizingNo, and this is its strength. You can sell at any time without asking anyone.
Stops your children arguingNo. It hands them undivided shares. Any one of them can generally seek partition.

How a Saint Petersburg Lady Bird Deed Compares to the Alternatives

General comparison for a Florida homestead. Note that no option preserves the assessment cap.
OptionAvoids probate?Keeps the Save Our Homes cap for heirs?Preserves stepped-up basis?Typical drawback here
Lady Bird DeedYes, for that propertyNoYesCovers only the property described in it.
Will onlyNoNoYesGuarantees a Pinellas probate case on the house.
Revocable living trustYes, if fundedNoYesHigher cost, but better where you want to direct a sale and divide proceeds.
Deed the home to the kids nowYesNo, and you lose your own exemption tooNoThe worst outcome on both taxes at once.
Adding a child as joint ownerPartiallyCan jeopardise your own capPartially lostCreates a present co-owner with veto power and creditor exposure.
Traditional life estate deedYesNoYesYou cannot sell or downsize without every beneficiary signing.

Read the fourth row carefully. Deeding the home to your children now is the one option that loses on both tax measures, and it is the thing people do most often when they are trying to be helpful. Our fuller breakdown is on the Florida Lady Bird Deed comparison page.

How to Get a Saint Petersburg Lady Bird Deed

  1. Look up what your benefit is worth

    Market value and assessed value, both on the Property Appraiser's site. The gap is the number.

  2. Decide whether you are staying or moving

    The portability clock matters more than the deed does, and it has a real deadline.

  3. Confirm the deed fits your goals

    How the property is titled, who you want to receive it, whether you are married, and whether there is a minor child.

  4. Pull the vesting deed and parcel number

    The exact legal description from the Pinellas County Official Records, plus the parcel identification number.

  5. Draft the enhanced life estate reservation

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

  6. Sign with two witnesses and a notary

    Both witnesses present and signing. A married owner's spouse joins the deed on homestead property.

  7. Record with the Pinellas County Clerk

    At 545 1st Avenue North in St. Petersburg, at 14250 49th Street North in Clearwater, or by e-recording.

  8. Tell your beneficiaries the cap resets

    So the first tax bill after your death is expected rather than alarming.

START WITH A CONSULTATION

Plain-English Glossary

Enhanced life estate deedThe formal name for a Lady Bird Deed. You keep a life estate plus the power to sell, mortgage or revoke without anyone's consent.
Just or market valueWhat the property appraiser considers the property to be worth.
Assessed valueThe capped figure your homestead property tax is calculated from. Held down by Save Our Homes.
Save Our HomesThe constitutional cap limiting annual increases in assessed value of homestead property to 3% or CPI, whichever is lower.
PortabilityCarrying the accumulated Save Our Homes benefit to a new Florida homestead. Capped at $500,000, with a three tax year window.
Change of ownershipThe event that resets the assessment to market value. Death is one of them.
Constitutional homesteadThe creditor shield and transfer restriction in Article X, Section 4. Different from the tax exemption of the same name.
RemaindermanA person named in the deed to receive the property at your death. No present interest while you are alive.
Stepped-up basisThe reset of cost basis to date-of-death value, which can eliminate accumulated capital gain on a later sale.
Partition actionA lawsuit any co-owner can generally file to force the division or sale of jointly owned property.

Saint Petersburg Neighborhoods We Serve

We prepare Lady Bird Deeds for property throughout St. Petersburg and Pinellas County, including:

  • Old Northeast
  • Snell Isle
  • Downtown St. Petersburg
  • Kenwood
  • Crescent Lake
  • Shore Acres
  • Allendale
  • Euclid St. Paul
  • Old Southeast
  • Coquina Key
  • Broadwater
  • Jungle Terrace
  • Pasadena
  • Tierra Verde
  • Gulfport border
  • St. Pete Beach
  • Treasure Island
  • Pinellas Park
  • Seminole
  • Kenneth City

Work With a Saint Petersburg Lady Bird Deed Attorney

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

  • Saint Petersburg Lady Bird Deed drafting, execution and recording
  • Planning for long-tenured owners with large accumulated equity
  • Formal and summary probate administration
  • Estate planning coordination for Florida homesteads


If you have owned the same house since the nineties, there is more at stake here than probate. The basis step-up alone is usually worth more than everything else in the plan. Schedule a consultation and we will look at both numbers with you.

Schedule Your Consultation
Saint Petersburg Lady Bird Deed attorney Yanitza Schoonover

Yanitza Schoonover

Saint Petersburg Lady Bird Deed Frequently Asked Questions

What is Save Our Homes portability?

Save Our Homes caps annual increases in the assessed value of your homestead at 3% or the change in the consumer price index, whichever is lower. Over many years that produces a gap between what your home is worth and what it is assessed at, and that gap is the benefit. Portability lets you carry that accumulated benefit to a new Florida homestead rather than starting over. The transferable amount is capped at $500,000 of value, meaning the difference between just or market value and assessed value, and you generally have three tax years from January 1 of the year of your last qualified homestead exemption to establish the new one. Applications are filed with the county property appraiser, with the usual deadline of March 1 of the year applied for.

Can my children inherit my Save Our Homes benefit?

No, and this is the point of this page. Portability is a benefit that belongs to you, and it moves with you to another Florida homestead while you are alive. It is not an asset you can leave to anyone. When you die, the property is reassessed at market value following the change of ownership, whether it passes by Lady Bird Deed, through probate, or out of a trust. A beneficiary who moves in applies for their own homestead exemption in their own name and starts their own cap from that point. On a home held since the 1990s, the difference between your assessed value and current market value can be very large.

Does a Lady Bird Deed affect my homestead exemption or my cap now?

A properly drafted deed should not affect either during your lifetime. You retain an enhanced life estate, you remain in possession, and the Pinellas County Property Appraiser continues to treat you as the owner of record, so the exemption and the accumulated benefit both continue as before. The deed is not a change of ownership for these purposes while you are alive, because nothing has actually left your control.

I might downsize. Should I do the deed first or move first?

In most cases the order does not matter much, because the enhanced reservation means the deed never gets in the way of a sale. You can record a deed today, sell next year, and simply record a new one on the next house. What does matter is the portability clock: to carry the benefit you generally need to establish the new homestead within three tax years of January 1 of the year of your last qualified exemption, and file by the March 1 deadline. That is a real timetable, and it is far more time-sensitive than the deed is.

What if my spouse and I both own homes, or we are separating households?

Portability rules address how a benefit is divided when owners who shared a homestead go separate ways, and how it is combined when two people with their own benefits marry and buy together. Those calculations are done by the property appraiser and the amounts depend on the specific figures. This is a good example of something worth asking the Pinellas County Property Appraiser about directly, because the answer turns on numbers rather than on principle.

Where is a Lady Bird Deed recorded in Pinellas County?

With the Pinellas County Clerk of the Circuit Court & Comptroller, in the county's Official Records. Recording counters operate at 14250 49th Street North, Clearwater and at 545 1st Avenue North, St. Petersburg, generally open 8:30 a.m. to 4:30 p.m. weekdays. The Clerk's main office is at 315 Court Street, Clearwater. Documents may also be submitted through e-recording.

Does a Saint Petersburg Lady Bird Deed protect the home from Medicaid estate recovery?

Florida limits Medicaid estate recovery to assets that pass through the probate estate, and 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 exposure on a Florida homestead. With 21.1% of St. Petersburg residents aged 65 or older, this is a live question for a large share of owners here. The deed does not qualify anyone for Medicaid, 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, and it is worth separating from the property tax question because people conflate the two. The Save Our Homes cap is a property tax mechanism and it resets at death. The stepped-up basis is a federal income tax mechanism and it works in your family's favor: because the property remains in your gross estate, your beneficiaries' cost basis becomes the date-of-death value rather than what you paid. On a long-held St. Petersburg home, one number goes up and the other goes in your family's favor. Confirm the tax treatment with a tax advisor.

Can I use a Lady Bird Deed on a condominium?

Yes. The deed works the same on a condominium unit as on a single-family home. What differs is the surrounding governance: the declaration controls transfer approval, leasing and assessments, and those obligations follow the unit to your beneficiaries. For units in older buildings of three habitable stories or more, milestone inspection and structural reserve obligations should also be on the radar, and our Hallandale Beach page covers what that means for an heir.

Can a Saint Petersburg 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 flexibility is exactly what makes recording one now compatible with downsizing later.

More general questions are answered on our Florida Lady Bird Deed FAQ page.

We also assist homeowners across Florida including Clearwater, Tampa, Orlando, Daytona Beach, Cape Coral, and Fort Lauderdale. Browse every market on our areas we serve 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.

Boca RatonBoynton BeachCape CoralClearwaterCoral SpringsDavieDaytona BeachDeerfield BeachDoralFort LauderdaleHallandale BeachHialeahHollywoodHomesteadJacksonvilleKendallLauderdale LakesMiamiMiami BeachMiramarOrlandoParklandPembroke PinesPine HillsPlantationPompano BeachPort Saint LucieSaint PetersburgSunriseTallahasseeTampaWest Palm BeachWeston

Legal disclaimer. This page is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Portability amounts and eligibility depend on the specific figures for your property and are determined by the county property appraiser. Recording locations, fees, tax rates and court procedures described were accurate as of August 2026 and should be confirmed with the Pinellas County Clerk of the Circuit Court & Comptroller, the Pinellas 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.