Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
A Florida lady bird deed — formally an enhanced life estate deed — lets you keep full control of your property for life, including the right to sell, mortgage, or change your mind, and then passes it automatically to the people you name when you die, without probate. Florida is one of the few states that recognizes it. This page is general information about Florida law, not legal advice.
What a lady bird deed is
A lady bird deed is a deed you sign now that reserves an enhanced life estate for yourself and names one or more remainder beneficiaries to receive the property at your death. Unlike a traditional life estate, the enhanced version lets you deal with the property freely during life — the beneficiaries get nothing until you pass. It is a common-law instrument recognized in Florida rather than a creature of a single Florida statute.
How it works in Florida
You stay in control
During your life you are the life tenant with enhanced powers: you can live in the home, rent it, sell it, mortgage it, or revoke the deed entirely — no beneficiary signature required.
It passes automatically at death
When you die, title vests in the named remainder beneficiaries by operation of the deed. Because the transfer happens outside your probate estate, that property avoids Florida probate administration.
It is revocable
You are not locked in. You can change beneficiaries or undo the deed at any time while you have capacity, which is why it is popular for people who want flexibility.
Why Floridians use it
The draw is probate avoidance for a specific property without giving up control. It is also commonly used to help preserve Florida homestead protections and the homestead tax exemption during life, and — because you retain control — it is generally not treated as a disqualifying transfer for Medicaid and can help avoid Medicaid estate recovery against the homestead. Those benefits are fact-specific and should be confirmed with a Florida attorney.
Limits and cautions
It only covers the property in the deed
A lady bird deed handles one parcel. It is not a substitute for a will, a revocable living trust, a durable power of attorney, or healthcare directives — most Florida plans use it alongside those documents.
Homestead rules still apply
If you are survived by a spouse or a minor child, Florida's constitutional homestead devise restrictions (§732.4015, §732.401) still limit how homestead can pass. The deed has to be drafted around those rules.
Drafting and title details matter
Legal description, the enhanced-powers language, recording, and how it interacts with mortgages and title insurance all have to be right. A defective lady bird deed can fail exactly when it is needed.
Lady bird deed vs. the alternatives
vs. a will
Property left by will must pass through Florida probate. A lady bird deed avoids probate for that property.
vs. a revocable living trust
A trust can hold many assets and also plan for incapacity; a lady bird deed covers a single property. Many Florida plans use both.
vs. a transfer-on-death deed
Florida has no statutory TOD deed for real property — the lady bird deed is the Florida equivalent for passing real estate at death without probate.
Not sure whether a lady bird deed, a trust, or a will fits your Florida property? A free check points you to the right next step.
Start the free role checkGeneral information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. EstateDraftFL is software, not a law firm.
Frequently asked questions
- Is a lady bird deed legal in Florida?
- Yes. Florida is one of a small number of states that recognizes the enhanced life estate deed — commonly called a lady bird deed. It is a common-law instrument (not created by a single Florida statute), and Florida title practice and courts treat it as valid when properly drafted and recorded.
- Does a lady bird deed avoid probate in Florida?
- Yes, for the property it covers. At the owner's death the property passes automatically to the named remainder beneficiaries outside probate, so that asset does not go through Florida probate administration. It only covers the specific property described in the deed.
- Can I still sell or change my mind after signing a lady bird deed?
- Yes. The 'enhanced' life estate keeps powers an ordinary life estate does not: you can sell, mortgage, lease, or revoke the deed during your lifetime without the beneficiaries' consent. The beneficiaries have no vested rights until you die.
- Does Florida have a transfer-on-death (TOD) deed?
- No. Florida did not adopt a statutory transfer-on-death deed for real property. The lady bird (enhanced life estate) deed is the Florida tool that achieves a similar 'pass at death without probate' result for real estate.
- Does a lady bird deed affect my homestead exemption or Medicaid?
- Generally it is designed to preserve Florida homestead protections and the homestead tax exemption during your life, and because you keep control it is generally not treated as a disqualifying transfer for Medicaid and can help avoid Medicaid estate recovery. These rules are highly fact-specific — confirm your situation with a licensed Florida attorney.
- Can a lady bird deed override Florida homestead inheritance rules?
- Not entirely. If you are survived by a spouse or a minor child, Florida's constitutional homestead devise restrictions (see §732.4015 and §732.401, Florida Statutes) still limit how homestead can pass. A lady bird deed must be drafted with those rules in mind, which is why attorney review matters.
General information about Florida law, not legal advice.