Last updated September 18, 2026
Why a deed needs a will
The enhanced life estate deed passes one property, to the people it names, at death. Bank accounts without a beneficiary, vehicles, personal property, a refund, a lawsuit — none of that is in the deed. Without a will, Florida’s intestacy statutes decide who gets it, and a court chooses who is in charge. The Companion Will fills that gap and names your personal representative and, if you have minor children, their guardians.
The coordination article
A generic will can accidentally fight a lady bird deed — a residuary clause that appears to give the house to someone else, or language a challenger reads as revoking a reserved power. Our master’s coordination article recites the deed (and its recording reference once recorded), states that nothing in the will revokes, modifies, or exercises any power reserved in the deed, and confirms the deed operates outside the will.
The backstop devise
If the property ever lands in the probate estate anyway — the remainder beneficiaries all predeceased you, the deed was revoked without a replacement, or the remainder lapsed — the will gives the property to the same people the deed named, in the same shares. Your intent holds either way.
If you also have a trust
When a buyer has a revocable living trust, the Companion Will switches to the pour-over residuary (§732.513) so everything outside the deed and the trust flows into the trust. Without a trust, the standard residuary stands and the will is the complete backstop.
The Companion Will we prepare
- The full Florida will master plus the deed-coordination article, the backstop devise to the deed’s beneficiaries, the pour-over residuary variant when a trust exists, guardians for minors, the personal representative, the homestead acknowledgment, and the self-proving affidavit.
- Florida signing instructions (§732.502; the affidavit before a notary).
- Your answers fill the blanks; the master text never changes.
$99 as the add-on to a $199 Florida Lady Bird Deed.
Start a Lady Bird Deed with the Companion WillSoftware, not a law firm. The document is prepared from your answers on a locked Florida master; it is not reviewed by anyone, and a licensed Florida attorney of your choosing can review it before you sign.
Related reading
- The Florida lady bird deed, explained →
- Get a Florida lady bird deed online →
- The Florida last will and testament →
- The Florida pour-over will →
General information about Florida law, not legal advice.
Frequently asked questions
Do I need a will if I have a lady bird deed?
Yes. The deed moves one property. Everything else you own in your name passes by will or, without one, by intestacy.
Can a will revoke a lady bird deed?
A deed is not revoked by a will; the grantor revokes it by recording a new deed. The Companion Will says so expressly so no clause is ever read as an attempt.
What happens if the people named in the deed die before me?
The backstop devise in the Companion Will gives the property to the same beneficiaries' shares under the will if it ends up in the estate, and you can change the deed's remainder at any time while alive.
Is the Companion Will signed like a regular will?
Yes — before two attesting witnesses who sign in each other's presence (§732.502), with the optional self-proving affidavit before a notary.
General information about Florida law, not legal advice.