Florida Lady Bird Deeds: Prepared and Recorded in All 67 Counties
Lady Bird Deed Florida
Avoid probate, keep full control of your home, and pay one flat $225 fee
A woman in Cape Coral called us last spring. Her mother had died six weeks earlier, and she was trying to work out how to transfer the family home to herself and her brother. The house was worth about $340,000. There was no Lady Bird deed and no living trust, just an ordinary deed with her mother’s name on it. Her family was now facing six to twelve months of probate and more than $10,000 in attorney and court fees before anyone could touch the house.
A Lady Bird deed would have prevented all of that for a few hundred dollars.
Lee County Document Preparation has been preparing Florida deeds since 1997. Homeowners in every part of the state, plus snowbirds and out-of-state families who own Florida property, use us to get their Lady Bird deed done correctly without paying attorney rates. You never have to visit our office. We handle everything by phone, email and online signing, and we record the finished deed electronically with the clerk in whichever county your property is in.
✓ $225 flat preparation fee ✓ All 67 Florida counties ✓ Since 1997 ✓ 5.0 stars from 246 Google reviews ✓ Sign online from anywhere
What Is a Lady Bird Deed in Florida?
A Lady Bird deed, officially called an enhanced life estate deed, transfers your Florida property to the people you choose the moment you die, without probate. Unlike most other transfers, you keep complete control of the property for the rest of your life.
While you are alive, you can still:
- Live in the home, rent it out or let family use it
- Sell it and keep the money
- Refinance it or take out a new mortgage
- Change who inherits it, or cancel the deed entirely
You can do all of this without your beneficiaries’ signatures, permission, or even their knowledge. Until you die, they have no ownership rights. They cannot force a sale, borrow against the house, or block anything you decide to do.
Only a small number of states recognize Lady Bird deeds. Florida, Michigan, Texas, Vermont and West Virginia are the best known. That is why many people who move here or buy a winter home here have never heard of one. The nickname comes from a Florida attorney who used a fictional family, including a character named Lady Bird, to explain the deed in his teaching materials in the 1980s. The name stuck, and today “Lady Bird deed” and “enhanced life estate deed” mean the same thing.
How a Lady Bird Deed Works
A Lady Bird deed splits ownership of your property into two parts:
- The enhanced life estate (yours). You keep full ownership and control for life, including the “enhanced” powers to sell, mortgage, lease or revoke without anyone else signing.
- The remainder interest (your beneficiaries’). Your chosen beneficiaries, whether children, grandchildren, a friend or a trust, are named to receive the property when you die. Their interest only takes effect at that moment, and only if you still own the property and haven’t changed the deed.
When you die, the property passes to your beneficiaries outside of probate. Typically they record a certified death certificate, along with a short affidavit, in the county where the property is located. After that the property is theirs to keep, rent or sell.
What a Florida Lady Bird Deed Must Include to Be Valid
Florida has no statute that spells out how a Lady Bird deed must be worded. These deeds are recognized through Florida case law and long-standing practice. That makes careful preparation especially important. A properly prepared deed includes:
- The correct legal description, taken from your last recorded deed. A street address alone is not enough.
- Enhanced life estate language that reserves to you the power to sell, convey, mortgage, lease and revoke without the beneficiaries joining in. This wording is what separates a Lady Bird deed from an ordinary life estate deed.
- Clearly named remainder beneficiaries, and how they will hold title if there is more than one (for example, as joint tenants with right of survivorship or as tenants in common).
- Your signature, two witnesses and a notary. Florida law requires two subscribing witnesses for deeds, in addition to the notary acknowledgment.
- Your spouse’s signature, if the property is your homestead and you are married. The deed should also include the spousal waiver language Florida law recognizes (Fla. Stat. § 732.7025).
- Recording in the county where the property sits, with the correct recording fee and documentary stamp tax.
Most of the problems we see in Lady Bird deeds are a missing witness, a wrong legal description, missing spousal joinder, or wording borrowed from another state’s form. Each one can create problems for your family later.
Why Florida Homeowners Choose a Lady Bird Deed
It skips probate and the cost that comes with it.
Florida probate commonly takes six months to a year or more. Under Florida’s fee guideline, the personal representative’s attorney is presumed to earn 3% of the estate’s value for estates between $100,000 and $1 million (Fla. Stat. § 733.6171). On a $350,000 home that comes to about $10,500 in attorney fees alone, before court costs, appraisals or any family disagreement. A Lady Bird deed keeps the home out of probate completely.
You keep your homestead exemption and Save Our Homes cap
Recording a Lady Bird deed does not end your homestead exemption or reset your Save Our Homes assessment cap, because you still own the property for life. Your property tax bill stays where it is.
Your beneficiaries’ problems can’t reach your home
Your beneficiaries have no vested interest while you are alive, so their creditors, divorces or lawsuits cannot attach to your property. That is very different from adding a child to your deed today with a quit claim deed.
It is a common Medicaid planning tool
Because you keep full control and can revoke the deed, Florida Medicaid generally does not treat a Lady Bird deed as a gift that triggers the five-year look-back. And because the home passes outside probate, it is generally out of reach of Florida’s Medicaid estate recovery, which is tied to the probate estate. Medicaid rules are complex and change over time. If long-term care planning is your main goal, talk with a Florida elder law attorney as well.
Your heirs get a stepped-up tax basis
Property received through a Lady Bird deed generally gets a “stepped-up” basis equal to its market value on the date of death. If your heirs sell soon afterward, they usually owe little or no capital gains tax. If you give them the home now with a quit claim deed, they inherit your original purchase price as their basis instead.
Lady Bird Deed Pros and Cons
| Pros | Cons |
|---|---|
| Avoids probate for the property | Covers only the property named in the deed, not your other assets |
| You keep full control, including the power to sell, refinance and revoke | No Florida statute defines it, so it must be worded carefully |
| Homestead exemption and Save Our Homes cap stay in place | Spouse and minor-child homestead rules can limit how it works |
| Protects the home from your beneficiaries’ creditors | Some lenders and title companies ask extra questions at sale or refinance |
| Can preserve Medicaid eligibility and avoid estate recovery | Does not name a manager if you become incapacitated (you need a durable power of attorney for that) |
| Heirs get a stepped-up tax basis | Beneficiaries who die before you must be planned for |
| Low one-time cost, with no ongoing administration | Not a replacement for a full estate plan if your situation is complex |
When a Lady Bird Deed May Not Be the Right Fit
A Lady Bird deed is the right tool for most Florida homeowners who want one property to pass to family without probate. Slow down and get extra guidance if:
- You are married and the property is your homestead. Your spouse must sign the deed. Without that signature and the waiver language, the transfer may not hold up.
- You have a minor child. Florida’s constitution restricts who can receive homestead property when the owner leaves a minor child. The deed may not work as intended for homestead property if you die while a child is still under 18.
- You want to leave the home unequally, or to a beneficiary who can’t manage property. A minor, a family member with special needs, or a beneficiary with creditor or addiction issues may be better served by a trust.
- The property is already in a trust or an LLC. The trust or the company owns it, not you, so a Lady Bird deed is usually not the right document.
- You expect a family dispute. A clear plan reviewed by an attorney can prevent problems later.
Lady Bird Deed vs. Other Ways to Pass On Your Home
| Lady Bird deed | Revocable living trust | Traditional life estate deed | Quit claim deed (adding a child now) | Will only | |
|---|---|---|---|---|---|
| Avoids probate | Yes | Yes | Yes | Yes, for that share | No |
| You keep full control | Yes | Yes, as trustee | No, the beneficiaries must sign to sell | No, the child is a co-owner now | Yes |
| Can change your mind alone | Yes | Yes | No | No | Yes |
| Exposed to your beneficiaries’ creditors | No | No | Yes | Yes | No |
| Heirs get stepped-up basis | Yes | Yes | Yes | No, not on the gifted share | Yes |
| Typical cost | $225 flat with us | Often $2,000+ with an attorney | Similar to a Lady Bird deed | $225 flat with us | Varies |
| Covers other assets | No | Yes | No | No | Yes |
What about a transfer-on-death deed? Many states let homeowners use a “TOD deed.” Florida does not have a transfer-on-death deed law for real estate, so a TOD form from another state won’t work here. In Florida, the Lady Bird deed fills that role. (See our article: Does Florida Have a Transfer on Death Deed?)
Lady Bird deed or quit claim deed? It comes down to timing. A quit claim deed transfers ownership now. A Lady Bird deed transfers ownership at death, and you keep control until then. We prepare both for $225. (Quit claim deeds)
What Happens to a Lady Bird Deed When the Owner Dies?
When the owner dies, the beneficiaries do not need a probate court order to take title. In most cases they:
- Get certified copies of the death certificate.
- Record the death certificate, usually with an affidavit, in the official records of the county where the property is located.
- Notify the property appraiser and update the homeowner’s insurance and utilities.
- Keep, rent or sell the property. Title companies routinely insure sales from Lady Bird deed beneficiaries once the death is properly recorded.
We prepare and record the affidavits families need after a death, so the same office that prepared the deed can help finish the transfer.
Can You Sell, Refinance or Change a Lady Bird Deed Later?
Yes, and that flexibility is the main reason people choose a Lady Bird deed over other options.
- Selling: You can sell without your beneficiaries’ signatures. The Lady Bird deed simply ends for that property.
- Refinancing: You keep the power to mortgage the property. Some lenders ask additional questions, so let your loan officer know there is an enhanced life estate deed on record.
- Changing beneficiaries: Record a new Lady Bird deed naming the new beneficiaries. We prepare it for the same $225 flat fee.
- Revoking: Record a new deed back to yourself. No one else has to sign.
How Much Does a Lady Bird Deed Cost in Florida?
Florida attorneys commonly charge $400 to $1,000 or more to prepare a Lady Bird deed, and an estate plan built around a living trust often costs several thousand dollars.
Our price is simple:
| Item | Cost |
|---|---|
| Lady Bird deed preparation | $225 flat |
| County recording fee (set by Florida statute) | $10 first page + $8.50 each additional page. Most of our deeds are 2 pages, so $18.50 |
| Florida documentary stamp tax | Usually just the $0.70 minimum, because nothing is being sold |
| Optional: online notarization (includes the two witnesses) | $150 |
| Optional: rush service | $100 |
| Copy of your prior deed (if you don’t have one) | $25 |
Recording fees are almost identical across Florida. A few counties, such as Miami-Dade and Palm Beach, can differ slightly, and we confirm the exact amount for your county before you pay. You get a full cost estimate up front, with no hidden fees.
How It Works, Wherever You Are in Florida
You do not need to live in Fort Myers, or even in Florida. Most of our Lady Bird deed clients never set foot in our office.
Fill out our online questionnaire (about 10 minutes). Tell us about the property, the current owners and your beneficiaries. Attach your last recorded deed if you have it. If you don’t, we can get it for you.
We prepare your deed. We use the legal description from your recorded deed and the enhanced life estate language Florida title companies expect, then email the deed to you for review.
Sign with two witnesses and a notary. Sign in front of a notary and two witnesses near you, or sign online with us for $150. Our online signing includes the two witnesses, and you can do it from another state.
We record it electronically with your county clerk. Whether your property is in Miami-Dade, Duval, Escambia or Lee County, we e-record it in the correct county, with no mailing delay.
You receive your recorded deed with the county’s recording stamp, ready to keep with your important papers.
Sign From Anywhere With Online Notarization
You don’t need to find a Florida notary or round up two witnesses. For $150, you can sign your Lady Bird deed online with our Florida notary, and the two witnesses Florida requires are included.
- Sign from out of state. Only our notary has to be in Florida. You can be at home in Michigan, Ohio, New York or anywhere else in the U.S.
- It happens on a recorded Zoom call. We email you the meeting link and documents, then walk you through every step of the signing.
- Verifying your identity. If our notary doesn’t already know you personally, you’ll need a Social Security number to complete a short identity check. You answer five questions about your history (such as past addresses or vehicles), then photograph your ID and upload it.
- What you’ll need: a computer or tablet with a camera and microphone for the call, and a smartphone or tablet to photograph your ID. You can sign on a phone, but the documents are harder to read on a small screen.
Lady Bird Deeds in Every Florida County
We prepare and record Lady Bird deeds for property in all 67 Florida counties, from Pensacola to Key West, and for owners who live out of state. We record electronically in every county, so there’s no mailing delay and no trip to the courthouse. Recording fees are set by Florida statute and are nearly the same everywhere. A few counties, such as Miami-Dade and Palm Beach, can differ slightly, and we confirm the exact amount in your estimate.
Counties we serve:
AlachuaBakerBayBradfordBrevardBrowardCalhounCharlotteCitrusClayCollierColumbiaDeSotoDixieDuvalEscambiaFlaglerFranklinGadsdenGilchristGladesGulfHamiltonHardeeHendryHernandoHighlandsHillsboroughHolmesIndian RiverJacksonJeffersonLafayetteLakeLeeLeonLevyLibertyMadisonManateeMarionMartinMiami-DadeMonroeNassauOkaloosaOkeechobeeOrangeOsceolaPalm BeachPascoPinellasPolkPutnamSt. JohnsSt. LucieSanta RosaSarasotaSeminoleSumterSuwanneeTaylorUnionVolusiaWakullaWaltonWashington
Popular areas include Miami, Fort Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, Tallahassee, Sarasota, Naples, Cape Coral, Fort Myers, Port St. Lucie and The Villages.
Why Florida Families Trust Lee County Document Preparation
- ✓Florida deeds since 1997. Lady Bird deeds are one of our fastest-growing services: about 80 so far in 2026, up from about 50 in 2025.
- ✓Backed by Florida title experience. Owner Betsy Wilkinson also runs Wilkinson Title Agency, a separate title insurance company, so we prepare deeds with the title review that happens at sale or refinance already in mind. Lee County Document Preparation is a document preparation service and does not issue title insurance.
- ✓5.0 stars from 246 Google reviews.
Trusted by attorneys too
I am an attorney in Michigan and have used this company for many years to assist with real estate transfers for my snowbird clients. They are efficient, accurate and extremely helpful.
Conly Crossley · Google review
It worked when it mattered
Four years ago, I contacted Lee County Document Preparation to facilitate the processing of an Enhanced Life Estate Deed Request. Upon her passing, one week would pass to my wife and me, the other week would pass to my sister in law. This worked well.
Bob Klee · Google review
Easy from anywhere
I never thought I would be able to complete the transaction so efficiently from Ohio.
Linda Novitski · Google review
When You Should Talk to an Attorney Instead
We are a non-attorney document preparation service. We prepare the documents you direct us to prepare, accurately and affordably, but we cannot give legal advice. We recommend speaking with a licensed Florida estate planning or elder law attorney if:
- →You are actively applying for Medicaid or planning for long-term care
- →You have a minor child and the property is your homestead
- →You own several properties or significant other assets, or you want a trust to manage the inheritance
- →You expect a family member to challenge your plans
- →You are not sure whether a Lady Bird deed fits your goals
If your situation is straightforward, a Lady Bird deed prepared by our office is a fast, affordable way to keep your Florida home out of probate.
Florida Lady Bird Deed FAQs
How much does a Lady Bird deed cost in Florida?
Our preparation fee is $225 flat. Recording fees are set by Florida statute: $10 for the first page and $8.50 for each additional page. Most of our deeds are two pages, so recording typically costs $18.50, though a few counties such as Miami-Dade and Palm Beach can vary slightly. Most Lady Bird deeds also owe only the $0.70 minimum documentary stamp tax. Florida attorneys commonly charge $400 to $1,000 or more for the same deed.
Do I need an attorney to get a Lady Bird deed in Florida?
No. Florida law does not require an attorney to prepare a deed you direct. If your situation involves Medicaid planning, a minor child, a trust or several properties, we recommend also consulting a Florida estate planning attorney.
Is a Lady Bird deed valid in every Florida county?
Yes. A Lady Bird deed is valid statewide. It is recorded in the county where the property is located, and we record electronically in all 67 counties.
Can I do a Lady Bird deed if I live out of state?
Yes. Many of our clients are snowbirds or out-of-state families. You can sign before a notary and two witnesses where you live, or sign online with our Florida notary for $150 (the two witnesses are included). Either way, we record the deed in Florida for you.
How does online notarization work?
You sign on a recorded Zoom call with our Florida notary, and the two required witnesses are included. You can be in another state. We email you the link and documents and walk you through the signing. If the notary doesn’t know you personally, you’ll need a Social Security number to answer five identity questions, and then you upload a photo of your ID.
Can I sell my house after recording a Lady Bird deed?
Yes. You keep the power to sell, refinance or mortgage the property without your beneficiaries’ signatures.
Can I change my beneficiaries or cancel the deed?
Yes, at any time and without the beneficiaries’ consent. We prepare a new deed for the same $225 flat fee.
Does a Lady Bird deed affect my homestead exemption?
No. Your homestead exemption and Save Our Homes cap stay in place while you are alive, because you keep the life estate.
What happens if a beneficiary dies before me?
It depends on how the deed is worded. We recommend naming contingent beneficiaries and updating the deed if a beneficiary dies or your wishes change.
Does a Lady Bird deed protect my home from Medicaid?
In most cases it is not treated as a gift for the look-back period, and the home passes outside probate, beyond Florida’s estate recovery. Because Medicaid rules change, talk with a Florida elder law attorney if this is your main goal.
Is a Lady Bird deed better than a living trust?
For a single home with a straightforward plan, a Lady Bird deed is simpler and far less expensive. A living trust makes more sense when you have several assets or need someone to manage the inheritance.
Can I use a Lady Bird deed for a condo or timeshare?
Yes. Lady Bird deeds work for condominiums and deeded timeshare weeks in Florida. Check with your association or resort about any transfer fees.
What do my beneficiaries do after I die?
They record a certified death certificate, usually with an affidavit, in the county where the property is located. No probate is needed for that property. We can prepare the affidavit.
Ready to Keep Your Florida Home Out of Probate?
$225 flat · All 67 counties · Sign online from anywhere · Florida deeds since 1997
Monday – Friday | 9:00 AM – 5:00 PM | LeeCountyDocs@gmail.com · 11595 Kelly Rd #215, Fort Myers, FL 33908
Lee County Document Preparation, Inc. is a non-attorney document preparation service serving property owners throughout Florida. We prepare Lady Bird deeds, quit claim deeds, warranty deeds and other real estate documents at your direction. We do not provide legal advice or representation. For legal counsel, please consult a licensed Florida attorney.
About the author
Betsy Wilkinson, Owner, Lee County Document Preparation, Inc.
Betsy owns Lee County Document Preparation, which has prepared and recorded Florida deeds since 1997. She also owns Wilkinson Title Agency, a separate title insurance company in Fort Myers. Her team helps homeowners, snowbirds and attorneys across Florida with Lady Bird deeds, quit claim deeds, warranty deeds and timeshare transfers.