Lady Bird Deeds in Florida
A Lady Bird deed, also called an enhanced life estate deed, lets you keep full control of your Florida home during your life, including the right to sell or mortgage it without anyone's consent. At your death, the property passes directly to the people you named, without probate.
How a Lady Bird deed works
You deed the property to yourself for life, with the remainder to your chosen beneficiaries. Unlike an ordinary life estate deed, you keep the power to sell, mortgage, change beneficiaries or take the property back, all without your beneficiaries' signatures. Your beneficiaries have no rights in the property until your death.
Benefits
- Avoids probate for the property.
- Keeps your homestead exemption and Save Our Homes assessment cap.
- You stay in control. You can sell or refinance at any time.
- No completed gift , so your beneficiaries generally receive a stepped-up income tax basis at your death.
- Simple and cost-effective when your home is your main asset.
Limitations to consider
- It covers only the property in the deed, not the rest of your estate.
- It doesn't provide ongoing management for a minor or a beneficiary with special needs. A trust is better there.
- If a beneficiary dies before you, the deed needs a backup plan.
- If you're married and the property is your homestead, your spouse must join in the deed (Fla. Const. Art. X, § 4(c)).
Recording in the Panhandle
The deed is recorded in the Official Records of the county where the property is located: Escambia, Santa Rosa, Okaloosa or Walton County, or wherever your Florida property sits. We prepare the deed, coordinate signing and handle recording.
Lady Bird deed questions
Lady Bird deed or revocable trust?
If your home is your main asset and your beneficiaries are adults, a Lady Bird deed is often enough. If you have several properties, property in other states, or beneficiaries who need oversight, a trust is usually better.
Can I change my beneficiaries later?
Yes. You can record a new deed naming different beneficiaries without their consent.
Will a Lady Bird deed affect my property taxes?
No. You keep your homestead exemption and Save Our Homes cap as the life tenant.