Lady Bird Deed Florida
Lady Bird Deed Florida
Avoid Probate Without Giving Up Control of Your Home
A Lady Bird deed is one of the most useful estate planning tools available to Florida homeowners — and most people in Lee County, Cape Coral, and Naples have never heard of it. That’s a problem, because without one, your home may end up stuck in probate court for months after you pass, costing your family $3,000 to $10,000 or more in fees and delays.
We’ve been preparing Lady Bird deeds for Southwest Florida homeowners since 1997. In that time, we’ve seen what happens when people skip this step — and we’ve seen the relief on families’ faces when the deed is already in place and the process is simple. This page explains everything you need to know, and how to get yours prepared for $225 flat.
What Is a Lady Bird Deed in Florida?
That means you can still sell the house, refinance it, lease it, change who inherits it, or cancel the deed entirely — all without asking anyone’s permission. Your beneficiaries have no claim to the property until after you pass. They can’t force a sale, take out a loan against it, or interfere with your ownership in any way.
Florida is one of only five states in the country that recognizes Lady Bird deeds. The name comes from a Florida attorney named Jerome Solkoff, who used fictional characters — including one named Lady Bird — to explain how the deed worked in his legal teaching materials back in the 1980s. The nickname stuck.
How a Lady Bird Deed Works in Florida
Here is what the process looks like:
We prepare the deed based on information you provide — property description, your name as grantor, and your beneficiaries’ names.
You sign the deed in front of a notary. We offer in-house notarization for Fort Myers-area clients.
You sign the deed in front of a notary. We offer in-house notarization for Fort Myers-area clients.
The deed becomes part of the public record. You continue owning and controlling your home as normal.
When you pass away, your beneficiaries provide a death certificate to the county. The property transfers to them automatically — no probate court required.
Recording fees in Lee County are $18.50 for the first page and $8.50 for each additional page. Our flat fee for deed preparation is $225. There are no documentary stamp taxes on a Lady Bird deed because no consideration is exchanged — it is not a sale.
Why Southwest Florida Homeowners Use Lady Bird Deeds
Avoid Probate — and the Costs That Come With It
Probate in Florida can take anywhere from six months to two years and typically costs between 3% and 5% of the estate value in attorney fees and court costs. On a $300,000 home, that’s $9,000 to $15,000 out of your family’s inheritance — and that’s before any disputes or complications.
A properly recorded Lady Bird deed bypasses probate entirely. When you pass, your beneficiaries provide a certified death certificate to the county clerk’s office, and the property transfers. That’s it.
Keep Your Florida Homestead Tax Exemption
This is a big one for Lee County homeowners. Florida’s homestead exemption reduces your taxable property value by $50,000, and the Save Our Homes cap limits how fast your assessed value can increase. A Lady Bird deed does not trigger a reassessment and does not affect your homestead status while you’re alive. Your property taxes stay the same.
Protect the Property from Your Beneficiaries' Creditors
Because your beneficiaries’ interest in the property is revocable — meaning you can change your mind at any time — their creditors cannot place a lien on it. If your adult child has financial trouble, a judgment against them cannot attach to your home the way it could with some other types of transfers.
Medicaid Planning Benefit
A Lady Bird deed is not considered a disqualifying transfer for Florida Medicaid purposes. Because you retain full control and can revoke the deed at any time, Florida Medicaid does not treat the deed as a ‘gift’ that triggers the five-year look-back period. This makes it a common tool for homeowners who may need long-term care in the future. Note: Medicaid rules are complex — consult a licensed Florida elder law attorney for advice specific to your situation.
Step-Up in Tax Basis for Your Heirs
When your beneficiaries inherit the property through a Lady Bird deed, they receive what’s called a ‘stepped-up’ cost basis — the property value resets to its fair market value at the time of your death. If they sell shortly after inheriting, they likely owe little to no capital gains tax. This is a significant advantage over some other transfer methods.
What to Know Before You Get a Lady Bird Deed
Lady Bird deeds are the right choice for most Florida homeowners with straightforward estate planning needs, but there are situations where they require extra thought.
Florida Has No Statute Governing Lady Bird Deeds
This is something every homeowner should know. Florida recognizes Lady Bird deeds through common law and practice, but as of 2026, the state has no specific statute codifying how they work. The Florida legislature has considered passing one multiple times but hasn’t reached an agreement. In practical terms, this means title companies have some discretion in how they treat these deeds — most accept them without issue, but it’s worth asking if you have a specific sale or refinance planned.
Homestead Rights for Spouses and Minor Children
Florida’s homestead laws protect the rights of spouses and minor children. If you’re married or have minor children, you cannot execute a Lady Bird deed that transfers the homestead property without your spouse’s consent, and certain restrictions may apply. This doesn’t prevent you from using a Lady Bird deed — it just means the preparation needs to account for these rules correctly.
Beneficiary Predeceases the Grantor
If a named beneficiary dies before you do, the deed should be updated. Otherwise, what happens to their share depends on whether the deed includes contingency language. We recommend reviewing your deed if any beneficiaries’ circumstances change.
Lady Bird Deed vs. Quit Claim Deed
Which One Do You Need?
We get this question often. Here’s the difference in plain terms:
|
|
Lady Bird Deed |
Quit Claim Deed |
|
When transfer happens |
After you pass away |
Immediately upon recording |
|
You keep control |
Yes — full control during life |
No — ownership transfers now |
|
Avoids probate |
Yes |
Only if recorded before death |
|
Homestead exemption |
Preserved |
May be affected |
|
Best used for |
Passing property to heirs at death |
Adding/removing someone now (divorce, marriage, family transfer) |
We prepare both. If you’re not sure which deed fits your situation, call us at 239-382-7505 and we’ll walk you through it — no legal advice, just a plain explanation of what each document does and when people typically use it.
How to Get a Lady Bird Deed Prepared in Fort Myers
Our process is designed to be simple. You don’t need to come into an office unless you want to.
Fill out our online questionnaire — it takes about 10 minutes. You’ll provide property details and beneficiary names.
We prepare the deed and send it to you for review, typically within 7 to 14 business days.
Sign in front of a notary. We offer in-house notarization for local clients, or you can use any notary.
We handle recording with the Lee County Clerk of Court — or the appropriate county if your property is in Collier, Charlotte, or Sarasota County.
You receive the recorded deed with the official county stamp.
You receive the recorded deed with the official county stamp.
Frequently Asked Questions
How much does a Lady Bird deed cost in Florida?
Our preparation fee is $225 flat. Recording fees in Lee County are $18.50 for the first page and $8.50 for each additional page. There are no documentary stamp taxes on a Lady Bird deed because no purchase price changes hands. Total out-of-pocket is typically under $260 for most single-property deeds.
Do I need an attorney to get a Lady Bird deed in Florida?
Florida law does not require an attorney to prepare a Lady Bird deed. Document preparation services like Lee County Document Preparation can legally prepare the deed for you. However, if your estate planning situation is complex — multiple properties, a trust involved, Medicaid planning questions — we always recommend consulting a licensed Florida estate planning attorney in addition to using our preparation services.
Can I change my mind after recording a Lady Bird deed?
Yes — that’s one of the most important features of this type of deed. You can revoke it at any time during your lifetime without your beneficiaries’ consent or knowledge. Simply have a new deed or deed of revocation prepared and recorded. We can handle that for you as well.
Does a Lady Bird deed affect my Florida homestead tax exemption?
No. A properly prepared Lady Bird deed does not affect your homestead exemption or the Save Our Homes assessment cap while you are alive. The property reassessment question comes into play when your beneficiaries inherit — but that is at death, not when the deed is recorded.
What happens if a named beneficiary dies before I do?
If a beneficiary passes away before you, their remainder interest may lapse or pass according to state law, depending on how the deed is worded. We recommend notifying us so the deed can be updated. The cost to prepare a revised deed is the same as the original — $225.
Is a Lady Bird deed recorded in Lee County the same as in Collier or Charlotte County?
The deed itself is the same type of document anywhere in Florida. Recording fees and procedures are handled at the county clerk’s office where the property is located. We file deeds in Lee County, Collier County, Charlotte County, and Sarasota County. If your property is in one of those counties, we handle it all.
Ready to Get Your Lady Bird Deed Prepared?
Serving Fort Myers, Cape Coral, Naples, Bonita Springs, and all of Southwest Florida since 1997.
Monday – Friday | 9:00 AM – 5:00 PM | LeeCountyDocs@gmail.com
$225 Flat Fee • Full Cost Estimate Provided Upfront • No Hidden Fees
Lee County Document Preparation, Inc. is a non-attorney document preparation service. We prepare Lady Bird deeds, quit claim deeds, warranty deeds, and other real estate documents for property owners throughout Southwest Florida. We do not provide legal advice or representation. For legal counsel, please consult a licensed Florida attorney.