Lady Bird Deed Florida: How Enhanced Life Estate Deeds Work | Settled

Lady Bird deed Florida is one of the most effective ways to transfer real estate to your heirs without going through probate. If you own property in Florida and want your family to inherit it without the time and expense of court proceedings, this type of deed deserves your attention.

Named after President Lyndon B. Johnson's wife, Lady Bird Johnson, this deed lets you keep complete control over your property during your lifetime. You can sell it, rent it out, take out a mortgage, or change your mind about who gets it. When you pass away, the property transfers directly to your chosen beneficiary with no probate required.

Here is why this matters: Probate in Florida can take six months to a year and cost thousands of dollars in attorney fees and court costs. A Lady Bird deed sidesteps that entire process for a fraction of the cost. Understand the full Florida probate timeline to see what you're avoiding.

What Is a Lady Bird Deed in Florida?

A Lady Bird deed (the legal term is "enhanced life estate deed") is a specific type of property deed that creates two interests in a piece of real estate:

1. Your interest during your lifetime: You retain full ownership, including the right to live in the home, collect rent, sell the property, or refinance it
2. Your beneficiary's future interest: They receive the property automatically when you die, but have no rights to it while you are alive

What makes the Lady Bird deed different from a regular life estate is the word "enhanced." You keep powers that a normal life estate would not give you.

With a standard life estate, you would need your beneficiary's signature to sell or mortgage the property. With a Lady Bird deed, you do not. You can sell the house tomorrow and keep every penny without asking anyone's permission.

According to the Florida Bar, enhanced life estate deeds have been recognized in Florida for decades as a valid estate planning tool (Florida Bar, "Consumer Pamphlet: Wills and Estates," 2024, https://www.floridabar.org/public/consumer/).

How a Lady Bird Deed Works in Florida

Let's break down how this deed functions in real terms.

Say you own a home in Miami-Dade County worth $400,000. You want your daughter Sarah to inherit it when you die, but you want to keep living there and maintain complete control.

You work with an attorney to create a Lady Bird deed. The deed names you as the "life tenant" with enhanced powers and Sarah as the "remainderman" (the person who gets the property after you).

While you are alive:

• You live in the home as usual
• You pay property taxes and insurance
• You can rent out a room if you want
• You can refinance to get cash out
• You can sell the property and keep all the money
• You can record a new deed naming someone else as the remainderman

When you die:

• Sarah presents your death certificate to the county recorder
• She files an affidavit confirming your death
• The property is now hers, with no probate court involved
• She gets a "stepped-up" tax basis, which may eliminate capital gains taxes

The entire after-death process takes a few weeks and costs under $100 in recording fees.

Five Benefits of a Lady Bird Deed in Florida

1. Skip Probate Entirely

Florida probate for real estate can cost $3,000 to $15,000 or more in attorney fees alone, according to fee data from Florida Statutes Section 733.6171. The process takes at minimum three to six months for simple estates.

With a Lady Bird deed, there is no probate for that property. Your beneficiary records the death certificate, files some paperwork with the county, and they are done.

Find out more about Florida probate filing fees to see what your family would pay without proper planning.

2. Keep Full Control While You Are Alive

This is the big difference between a Lady Bird deed and other probate-avoidance tools like adding your child to the deed as a joint owner.

With joint ownership, you share control. Your co-owner has legal rights to the property. Their creditors can put liens on it. You need their signature to sell or refinance.

With a Lady Bird deed, you have 100% control. Your beneficiary has zero rights until you die. Their bankruptcy, divorce, or lawsuits cannot touch your home.

3. Protect Your Homestead Tax Exemption

Florida's homestead exemption reduces your property taxes significantly. Many people worry that creating an estate planning deed will trigger a reassessment or loss of this benefit.

Good news: A Lady Bird deed does not affect your homestead exemption. You remain the owner for property tax purposes, so your Save Our Homes cap stays in place.

The Florida Department of Revenue confirms that enhanced life estate deeds do not constitute a change of ownership that would trigger reassessment (Florida Department of Revenue, Property Tax Oversight, 2024, https://floridarevenue.com/property/).

4. Preserve Medicaid Eligibility

If you or your spouse might need long-term care in the future, Medicaid planning is a real concern. Giving away your home can disqualify you from Medicaid for up to five years due to the "look-back" period.

A Lady Bird deed is treated differently. Because you retain full control (including the right to revoke), the transfer does not happen until your death. Florida Medicaid does not count a Lady Bird deed as a disqualifying transfer.

After your death, the property may still be subject to Medicaid estate recovery, but protections exist for surviving spouses and certain family members. Talk to an elder law attorney for specifics on your situation.

5. Give Your Heirs a Stepped-Up Tax Basis

When you die, your beneficiary receives the property at its current market value, not what you paid for it decades ago.

Here is why that matters: If you bought your home for $80,000 in 1990 and it is worth $400,000 when you die, your beneficiary's tax basis is $400,000. If they sell it for $410,000, they only pay capital gains tax on $10,000, not $330,000.

The IRS provides guidance on stepped-up basis for inherited property in Publication 551 (IRS, Publication 551: Basis of Assets, 2024, https://www.irs.gov/publications/p551).

Lady Bird Deed vs. Other Florida Probate Avoidance Options

How does a Lady Bird deed stack up against other ways to avoid probate in Florida?

Lady Bird Deed vs. Living Trust

When to choose a Lady Bird deed: You own one or two Florida properties and want the simplest, cheapest solution.

When to choose a trust: You have many assets, want everything in one plan, or value privacy.

Learn more about comparing probate vs. trust options.

Lady Bird Deed vs. Joint Ownership with Right of Survivorship

When to choose a Lady Bird deed: You want to name a beneficiary without giving them any current rights.

When to choose joint ownership: You are married and want your spouse to have full ownership rights now.

Lady Bird Deed vs. Transfer on Death Deed

Florida does not allow transfer on death deeds (also called TOD deeds or beneficiary deeds). Some states do, but Florida is not one of them.

The Lady Bird deed is Florida's answer to the TOD deed. It accomplishes the same goal through a different legal structure.

If you moved from a state that has TOD deeds, you will need a Lady Bird deed to achieve similar results in Florida. Check out our guide on transfer on death deeds for more details.

When a Lady Bird Deed Is the Right Choice

A Lady Bird deed works well in these situations:

You want to avoid probate for your home: The primary purpose is keeping your real estate out of probate court.

You might need to sell or refinance later: Unlike other deed options, you keep full power to sell or mortgage without involving anyone.

You value simplicity: Creating a Lady Bird deed takes one meeting with an attorney and costs a few hundred dollars.

Medicaid planning is on your radar: The deed structure protects eligibility while preserving the home for heirs.

You have clear beneficiaries: One or two people who should inherit the property, with no complicated conditions.

When a Lady Bird Deed Is NOT the Right Choice

Skip the Lady Bird deed if:

You have complex distribution wishes: Want to leave the property in trust for minor grandchildren? Need to split it among five siblings with different percentages? A trust handles complexity better. Without a will, Florida intestate succession rules apply.

You own property in multiple states: A Lady Bird deed only works for Florida property. For out-of-state real estate, you will need different tools.

Florida homestead restrictions apply to you: If you are married with minor children, Florida's homestead descent rules may override your deed. The surviving spouse has constitutional rights to the homestead that cannot be defeated by deed.

You want complete privacy: Lady Bird deeds are recorded in public records. Anyone can look them up. A trust stays private.

How to Create a Lady Bird Deed in Florida

Creating a Lady Bird deed involves these steps:

Step 1: Gather Your Property Information

Pull together:

• Your current deed (recorded with the county)
• The legal description of the property
• The property appraiser's parcel ID number
• Names and addresses of your chosen beneficiaries

Step 2: Work with a Florida Real Estate Attorney

Yes, you can find Lady Bird deed forms online. No, you should not use them without attorney review.

The deed must include specific language reserving your enhanced powers. If that language is wrong or missing, you may accidentally create a regular life estate, which does not protect you nearly as well.

Attorney fees typically run $200 to $500 for a straightforward Lady Bird deed.

Step 3: Sign with Proper Formalities

Florida requires:

• Your signature before a notary public
• Two witnesses who also sign

Do not skip the witnesses. A deed without proper witnesses is invalid.

Step 4: Record the Deed

File the signed, notarized deed with the county recorder's office where the property sits. Recording fees run $10 to $35 in most Florida counties.

Once recorded, the deed is public record and becomes effective.

Critical Language Your Lady Bird Deed Must Include

The deed must explicitly reserve these powers to you:

• The right to sell the property and retain all proceeds
• The right to mortgage or encumber the property
• The right to revoke the deed and name different beneficiaries
• The right to possess, use, and enjoy the property during your lifetime

Without this language, you may have a regular life estate that does not give you these protections. Have an attorney confirm the deed uses proper enhanced life estate wording.

What Happens After You Die: Steps for Your Beneficiary

When you pass away, your remainderman (beneficiary) takes these steps:

1. Get certified copies of the death certificate: Order at least two certified copies from Florida Vital Records or the county health department
2. Record the death certificate: File a certified copy with the county recorder where the property is located
3. File an affidavit of survivorship: Some counties require this document stating that the life tenant has died
4. Update property tax records: Notify the property appraiser's office of the ownership change
5. Update insurance and utilities: Put the home in the new owner's name

No probate petition. No court appearances. No attorney fees beyond what they choose to spend on advice. Compare this to the full probate process to see the difference.

The property transfer typically takes two to four weeks once the death certificate is available.

Lady Bird Deed Florida Costs

Here is what you will spend:

Compare that to avoiding the deed and letting the property go through probate:

The math speaks for itself. Use our Florida probate fee calculator to estimate what probate would cost for your specific situation.

Frequently Asked Questions About Lady Bird Deeds in Florida

Can I change my mind after creating a Lady Bird deed?

Yes. You can record a new deed at any time naming different beneficiaries, or you can revoke the deed entirely and the property will be part of your probate estate. The most recently recorded deed controls.

What if my beneficiary dies before me?

If your named remainderman dies first and you have not updated the deed, the property interest may pass to their heirs or estate, or revert to your probate estate. Always name contingent (backup) beneficiaries to avoid this problem. Keep all your beneficiary designations current across accounts.

Does a Lady Bird deed override my will?

Yes. The deed controls who gets that property, no matter what your will says. If your will leaves everything to your son but your Lady Bird deed names your daughter, your daughter gets the property.

Will a Lady Bird deed protect my home from nursing home costs?

A Lady Bird deed is not a disqualifying transfer for Medicaid eligibility purposes. The home may still be subject to Medicaid estate recovery after death, but protections exist for surviving spouses. Consult an elder law attorney for Medicaid-specific planning.

Can I create a Lady Bird deed for my investment property?

Yes. Lady Bird deeds work for any Florida real property you own, not just your homestead. Investment properties, vacant land, and rental homes all qualify.

Do I need my spouse's signature on the Lady Bird deed?

If the property is homestead (your primary residence) and you are married, your spouse must sign the deed. Florida law requires both spouses to sign any conveyance of homestead property.

Next Steps

Ready to learn more about protecting your family from probate?

• How to avoid probate in Florida covers all your options
• Find your county's probate information for local requirements
• Compare probate vs. trust to see which approach fits your situation

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Sources cited in this article:

• Florida Bar, "Consumer Pamphlet: Wills and Estates," 2024
• Florida Department of Revenue, Property Tax Oversight, 2024
• IRS Publication 551: Basis of Assets, 2024
• Florida Statutes Section 733.6171 (attorney fee guidelines)

This guide provides general information about Lady Bird deeds in Florida. This is not legal advice. Consult with a licensed Florida attorney before creating any deed.