TL;DR: Florida does not have a transfer on death deed for real estate. Its transfer on death law covers securities such as brokerage accounts, not houses or land. Homeowners who want property to pass at death without probate most often compare a Lady Bird deed, a trust, and probate itself. Choosing between them is a conversation for a Florida attorney. Lee County Document Preparation, Inc. prepares and records the deed you decide on.
If you searched for a transfer on death deed in Florida, you have probably heard of it from a friend or relative in another state. The short version is that Florida never created one for real estate, and the closest tool is the Lady Bird deed. This guide explains why, what Florida’s transfer on death law actually covers, and what it costs to have a deed prepared and recorded in Lee County.
One line before we start. Lee County Document Preparation, Inc. is a non-attorney document preparation service. We describe what Florida law says, but we do not recommend an ownership form or an estate plan, and nothing here is legal advice. That choice belongs with a licensed Florida attorney, and our lawyer vs document preparer page explains where the line sits.
Does Florida Have a Transfer on Death Deed?
No. Florida does not have a transfer on death deed for real estate. Its transfer on death statute covers securities such as stocks and brokerage accounts, not houses or land. Floridians who want a home to pass at death without probate commonly look at a Lady Bird deed instead.
A transfer on death deed, sometimes called a TOD deed or beneficiary deed, is a tool some other states offer. The owner records a deed naming a beneficiary. The owner keeps the property and full control while alive, and ownership passes to the beneficiary at death without probate.
Florida homeowners often assume that tool exists here because the phrase “transfer on death” appears in Florida law. It does appear, but it attaches to a different kind of property. Many pages that rank for this question are national form sellers, and a form written for another state’s statute does not become valid in Florida just because you download it.
What Florida Has Instead: The Lady Bird Deed
The Florida tool closest to a TOD deed is the Lady Bird deed, formally an enhanced life estate deed. The owner stays in control during life, and a named beneficiary receives the property at death without a probate proceeding for that asset.
We keep the detail on separate pages so you get one complete explanation instead of two. For how the deed works, who the parties are, and what it does and does not do, read what is a Lady Bird deed in Florida. For the service itself, see our Lady Bird deed in Florida page, and when you are ready to start, the enhanced life estate deed request form.
Whether that deed suits your family is the attorney question, not ours to answer.
Does Florida’s Transfer on Death Law Cover Houses?
No. The Florida Uniform Transfer-on-Death Security Registration Act governs how securities are registered with a named beneficiary. A house is real property, and real property passes by a recorded deed, not by a registration with a brokerage or transfer agent.
That is the reason for the confusion, and it is worth stating plainly because none of the pages we reviewed spell it out. Florida does have a transfer on death law. Sections 711.50 through 711.512 of the Florida Statutes make up the Uniform Transfer-on-Death Security Registration Act, and the title itself tells you its subject. Its definitions deal with securities and security accounts, such as shares and the brokerage accounts that hold them. Real property is not in them.
So when someone says “Florida has a transfer on death law,” they are correct, and when someone says “I can put my house in transfer on death form in Florida,” that statute does not give them a way to do it. A deed has to be signed, witnessed, and recorded in the county where the property sits. For Lee County property, that is the Lee County Clerk of Court. Our witness and notary requirements guide covers what a deed needs to be recordable.
What People Are Usually Trying to Achieve, and the Routes They Compare
Someone asking about a transfer on death deed generally wants one thing: for a home to reach a chosen person after death without a long court process and without losing control while they are alive. Florida offers three routes people compare, and we describe them here without recommending any of them.
A Lady Bird deed. A recorded deed that names who receives the property at death. It is the route covered in the section above and on the pages linked there.
A trust. A written trust document, usually drafted by an attorney, where the home is retitled into the trust and the trust says who receives it. A trust is a legal document we do not draft, and we cannot say whether one fits your situation.
Probate. If nothing else is in place, the property passes through the probate court under the owner’s will, or under Florida’s default rules if there is no will. Probate is the baseline the other two routes try to avoid. For how probate and its alternatives look in Lee County, our guide to how to avoid probate in Lee County, Florida walks through them.
Each route has trade-offs involving cost, control, taxes, mortgages, and family circumstances. We do not weigh those for you. A Florida attorney can, and then we prepare the deed you decide on. For a wider look at the instruments in play, types of deeds in Florida compares the main ones side by side.
If an owner has already died and the question is how title moves now, that is a different situation. Our posts on the affidavit of heirs and the affidavit of surviving spouse cover the paperwork that follows a death.
How Much Does It Cost to Prepare and Record a Deed in Lee County?
At Lee County Document Preparation, preparing a deed costs $225.00. Recording it with the Lee County Clerk of Court costs $18.50, plus $8.50 for each additional page over one and $1.00 per name over four. A one-page deed with four or fewer names is therefore $243.50 before any other charges.
Those figures come from our pricing page. A few things sit outside that number:
- Documentary stamp tax. Where it applies, it is calculated at .007 times the sales price or consideration, with a 70 cent minimum. Our guide to Florida documentary stamp tax on a deed transfer explains when that comes up.
- A prior deed copy. Obtaining a copy of an earlier deed is $25.00, which can help if you need the property’s legal description.
- A rush request. A rush fee of $100.00 applies.
You complete fill-in-the-blank forms, we prepare the documents from the information you supply, and you sign and mail the originals back. We then file them with the Clerk and mail the recorded original to the new owner. Our about the process page walks through each step. We do not give a legal opinion on the validity or marketability of any document we prepare.
If you are not sure what your current deed says, you can look up a deed in Lee County before you decide anything.
Frequently Asked Questions
What are the disadvantages of a transfer on death deed?
In Florida the first issue is availability: no transfer on death deed exists for real estate. In states that offer one, the trade-offs depend on that state’s statute and the owner’s circumstances. Weighing disadvantages for a Florida home is a question for a licensed Florida attorney.
What is the disadvantage of a Lady Bird deed in Florida?
Any downside depends on your family, your mortgage, your finances, and your goals, so there is no single answer we can give. We are a non-attorney document preparation service and cannot weigh those factors. A licensed Florida attorney can. Once you decide, we prepare the deed.
How to avoid probate for real estate in Florida?
People commonly compare a Lady Bird deed, a trust, and probate itself. Each has different trade-offs, and choosing among them is a decision for a licensed Florida attorney. We describe options but do not recommend one, and we prepare and record the deed once you have chosen.
Does Florida allow a transfer on death deed for a house?
No. Florida has no transfer on death deed for real property. The state’s transfer on death law is the Uniform Transfer-on-Death Security Registration Act, which covers securities. Real estate passes by a recorded deed, and many Florida homeowners ask an attorney about a Lady Bird deed instead.
Does Lee County Document Preparation advise me on which option to use?
No. We prepare, file, and record deeds from information you supply in writing. We do not give legal advice, choose an ownership form, or review your estate plan. If you are unsure, speak with a licensed Florida attorney first, then bring the deed they recommend to us.
Ready to Have a Deed Prepared in Lee County?
If you searched for a Lady Bird deed near me and landed here, the next step is the enhanced life estate deed request page, or call us at 239-482-7900. For any other Florida transfer on death deed question, a short attorney conversation comes first, and then we prepare what you decide on. Lee County Document Preparation, Inc. has served Fort Myers, Cape Coral, Bonita Springs, Naples, Estero, Lehigh Acres, and the rest of Southwest Florida since 1997. Reach us through our contact page or at 11595 Kelly Rd #215, Fort Myers, FL 33908, Monday to Friday, 9am to 5pm.