What Is a Lady Bird Deed in Florida?
If you own a Florida home and have been reading about estate planning, you've probably seen the term "Lady Bird deed." Here's a plain-English look at how it works.
The short answer
"Lady Bird deed" is the common name for an enhanced life estate deed. You, the owner, keep a life estate, meaning the right to live in, use, and control the property for the rest of your life. You also name one or more remainder beneficiaries who receive the property when you die.
The "enhanced" part is what sets it apart. During your lifetime, you keep the power to sell, mortgage, give away, or change your plans for the property. You don't need the beneficiaries' permission or signatures to do any of that. If you still own the property at your death, the deed may help it pass to them without probate.
Where it comes from in Florida law
Florida has no statute that creates a Lady Bird deed or provides an official form for one. The deed rests on case law and title-industry practice. Practitioners often point to Oglesby v. Lee, 73 So. 840 (Fla. 1917). In that case, the Florida Supreme Court upheld a father's reserved right to sell land he had deeded to his daughter. The Florida Bar's Real Property, Probate and Trust Law Section has also published title standards on these deeds. Because no statute controls the wording, careful drafting matters.
Regular vs. enhanced life estate
With a regular life estate, you give away the remainder and keep only the right to use the property for life. After that, you generally can't sell or mortgage the whole property unless the remainder beneficiaries sign too.
With an enhanced life estate, you keep those powers. The beneficiaries' interest can be undone if you sell the property or sign a new deed.
Florida has no transfer-on-death deed
Many states allow "transfer-on-death" (TOD) deeds for real estate. As of the 2026 Florida Statutes, Florida has not enacted one. Florida's transfer-on-death law in Chapter 711 covers securities, not land. In Florida, the Lady Bird deed is the tool commonly used for a similar result.
Signing and recording
A Lady Bird deed is still a deed, so Florida's general deed rules apply:
- Two witnesses: section 689.01, Florida Statutes.
- Notary acknowledgment so the deed can be recorded: section 695.03.
- Recording format under section 695.26. This includes printed names and addresses beneath the signatures, the preparer's name and address, the grantees' addresses, and a blank space at the top of page one.
The deed is recorded with the clerk of court in the county where the property is located.
Homestead: the biggest caution
Article X, section 4(c) of the Florida Constitution protects a homestead, meaning the home you live in as your permanent residence. It creates two rules that matter here:
- Spouse must join. A married owner may transfer homestead only with the spouse joining. A married owner who signs alone can create serious title problems.
- Surviving spouse or minor child. Homestead can't be left to others by devise if the owner is survived by a spouse or minor child. The one exception is that it can go to the spouse when there is no minor child. Because a Lady Bird deed keeps your power to revoke, it doesn't fit the safe harbor for lifetime transfers of homestead in section 732.4017, and title standards warn that the beneficiaries' gift may fail in these situations. A spouse can waive certain homestead rights through specific deed language (section 732.7025). No similar waiver exists for a minor child.
If you're married or have a child under 18, this is a good time to talk with a licensed Florida attorney.
Taxes and the homestead exemption
- Documentary stamp tax: Under a Florida Department of Revenue rule, a gift of property with no mortgage generally isn't taxed. If there's a mortgage, or the deed recites a dollar amount, tax may be due. Check with the clerk or the Department of Revenue.
- Homestead exemption and assessment cap: Florida law generally lets a life tenant keep the homestead exemption (section 196.041). Some deeds that keep the owner on title aren't treated as a change of ownership for reassessment (section 193.155). Confirm with your county property appraiser before you record.
- Medicaid: The rules are complex. Talk with a Florida elder law attorney.
Frequently asked questions
Can I still sell my house after signing a Lady Bird deed? Generally, yes. That's what the enhanced powers are for. If the house is homestead and you're married, your spouse must still join.
Does a Lady Bird deed avoid probate? It may help the property pass without probate, but that isn't guaranteed. For example, the gift can fail under the homestead rules, or every beneficiary may die before you with no backup named.
What signatures does a Florida deed require? Your signature in front of two witnesses. A notary acknowledgment is also required for recording.
Is it the same as a living trust? No. A deed covers only the property it describes, while a trust can hold many kinds of assets. Some people use both.
Templates
If you decide a Lady Bird deed fits your situation, the Florida Lady Bird Deed (Enhanced Life Estate Deed) Template includes witness and notary blocks and plain-English instructions. If you also want a trust-based plan, see the Florida RLT Estate Plan + Lady Bird Deed Kit, or browse all Florida estate planning templates.
Rexford Mercantile sells self-help legal document templates. We are not a law firm, and Jonathan and Ruth Rexford are not attorneys. This article is general information about Florida law as of September 2026. It is not legal advice and does not create an attorney–client relationship. For advice about your situation, including homestead, Medicaid, tax, blended-family, or capacity questions, talk with a licensed Florida attorney.