Florida Lady Bird Deeds: A Simple Way to Transfer Your Home without Probate

Guidance from an estate planning law firm.

For many Florida residents, their home is one of their most valuable assets. It is common for homeowners to want that property to pass to loved ones smoothly—without unnecessary court involvement, delays, or expense.

One estate-planning option that can help achieve this goal is a Florida Lady Bird Deed, also known as an enhanced life estate deed. When used correctly and in the right circumstances, this tool can allow a home to transfer automatically at death, avoid probate, and preserve the homeowner’s full control during life.

What Is a Lady Bird Deed?

A Lady Bird Deed is a specially drafted deed that allows a homeowner to:

• Retain ownership and full control of the property during their lifetime, and

• Name beneficiaries who will receive the property automatically upon the homeowner’s death.

  
  

Unlike a traditional life estate deed, a Lady Bird Deed allows the owner to sell, refinance, mortgage, lease, or change beneficiaries at any time—without the consent of the future owners.

Because of this flexibility, Lady Bird Deeds can be an effective estate-planning tool when properly drafted and coordinated with the rest of an individual’s plan.

Is There a Florida Statute for Lady Bird Deeds?

Florida does not have a statute that specifically governs or names “Lady Bird Deeds.”

Instead, Lady Bird Deeds are permitted under Florida’s general real property laws and longstanding legal practice, rather than a statute that expressly authorizes them.

How Lady Bird Deeds Are Recognized Under Florida Law

Although the term “Lady Bird Deed” does not appear in the Florida Statutes, this type of deed relies on well-established legal principles found in:

• Chapter 689, Florida Statutes, which allows deeds conveying present and future interests in real property, including reserved life estates and remainder interests;

  
  

• Chapter 732, Florida Statutes (Florida Probate Code), which provides that assets passing by operation of law are not subject to probate;

  
  

• Article X, Section 4 of the Florida Constitution, which governs Florida homestead property and its transfer.

  
  

Because Lady Bird Deeds are not expressly created by statute, precise drafting and legal oversight are critical to ensure the deed functions as intended and does not create unintended legal or tax consequences.

How a Lady Bird Deed Avoids Probate

In Florida, probate is typically required for assets owned solely in a person’s name at death if no beneficiary designation applies. By contrast, property that transfers automatically under a valid Lady Bird Deed generally avoids probate—much like an investment or retirement account that passes directly to a named beneficiary.

A properly drafted Lady Bird Deed provides that the home transfers to the named beneficiaries upon the death of the property owner, allowing the property to pass outside of probate.

This can significantly reduce costs, delays, and stress for surviving family members.

Key Benefits of a Florida Lady Bird Deed

1. Full Control During Your Lifetime

You remain in complete control of your home and may sell, mortgage, refinance, or change beneficiaries at any time.

2. Probate Avoidance

The property typically passes directly to your beneficiaries without probate.

3. Compatibility with Florida Homestead

Florida homestead property is protected by Article X, Section 4 of the Florida Constitution. A properly drafted Lady Bird Deed can be used with homestead property while preserving homestead protections and without causing an increase in property taxes.

*Working with an estate planning attorney is essential to ensure your property continues to qualify for Florida homestead protections after a Lady Bird Deed is executed and recorded.

4. Step-Up in Basis

Because a Lady Bird Deed transfers property at death—not during life—beneficiaries generally receive a step-up in basis to the home’s fair market value at the date of death. This can significantly reduce capital gains taxes if the property is later sold.

*Tax rules are complex, so consultation with an estate planning or tax professional is essential.

5. Cost-Effective Planning Tool

For some homeowners, a Lady Bird Deed may be a simpler and more affordable alternative to a revocable living trust for transferring a primary residence without probate.

Why Consulting an Estate Planning Attorney Is Critical

Lady Bird Deeds are not a “do-it-yourself” solution.

Because they are not created by a single statute and must comply with Florida property laws, probate rules, and homestead protections errors in drafting can cause serious legal problems—including:

• Loss of homestead protections

• Title defects that prevent future sales or refinancing

• Unintended tax consequences

• Failed probate avoidance

  
  

Every family’s situation is different, and a Lady Bird Deed should only be used after careful review by an experienced Florida estate-planning attorney.

Is a Lady Bird Deed Right for You?

A Lady Bird Deed may be appropriate if you want to:

• Maintain control of your Florida home during your life

• Ensure your home passes to loved ones without probate

• Use a streamlined planning tool for your residence

  
  

However, it should always be evaluated as part of a comprehensive estate plan, including a will, durable power of attorney, advance directive, and beneficiary designations.

Your Next Step

At Provident Law / Estate Planning LLC, we work closely with Florida families to create estate plans that protect their loved ones and provide peace of mind. Whether you are considering a Lady Bird Deed or reviewing an existing plan, we are here to help you evaluate whether this tool is right for you.

Contact Provident Law / Estate Planning LLC today to schedule a consultation.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence.