A woman in Cape Coral called us last spring. Her mother had passed away six weeks earlier, and she was trying to figure out how to transfer the family home to herself and her brother. The house was worth about $340,000. No Lady Bird deed, no living trust — just a standard deed with her mother’s name on it. She was looking at six to twelve months in probate court and $12,000 to $17,000 in attorney and court fees before anyone could touch the property.
We have seen this play out dozens of times over 29 years in Fort Myers. It is one of the most avoidable situations in Florida estate planning, and it happens because most people have never heard of a Lady Bird deed until it’s too late to get one.
If you own a home in Lee County, Collier County, Charlotte County, or Sarasota County and you want your family to inherit it without that kind of headache, this is worth your time to read.
What Exactly Is a Lady Bird Deed?
A Lady Bird deed — the official name is Enhanced Life Estate Deed — is a legal document that lets you transfer your property to your children or other beneficiaries automatically when you die, without going through probate court. What makes it different from a regular transfer is this: you keep complete control of the property for the rest of your life.
That means you can still sell the house, refinance it, rent it out, change who inherits it, or cancel the deed entirely. Your beneficiaries have zero claim to the property while you are alive. They cannot force a sale, take out a loan against the house, or do anything with it until after you pass.
Florida is one of only five states that recognizes Lady Bird deeds. The others are Michigan, Texas, Vermont, and West Virginia. If you’ve heard them called Enhanced Life Estate Deeds, that’s the same document — “Lady Bird deed” is just the informal name that stuck after a Florida attorney used it in his legal teaching materials in the 1980s.
Pro Tip: The most common misconception we hear is that a Lady Bird deed means giving up control of your home. It is the opposite. You retain every right you have right now. Nothing changes in how you use or manage the property — the deed only activates when you pass.
How Does a Lady Bird Deed Work in Florida?
The deed divides ownership into two parts. You hold what’s called a life estate with enhanced powers — meaning you own and control everything during your lifetime. Your beneficiaries hold the remainder interest, which only activates the moment you pass.
Here’s what the process looks like in practice:
- You fill out our online questionnaire with the property details and beneficiary names. Takes about 10 minutes.
- We prepare the deed using the current legal description from county records.
- You sign in front of a notary. We offer in-house notarization for Fort Myers-area clients.
- We file the deed with the Lee County Clerk of Court — or the appropriate county clerk for properties in Collier, Charlotte, or Sarasota County.
- The deed goes into the public record. Your ownership and control of the home don’t change at all.
- When you pass, your beneficiaries provide a death certificate to the county. The property transfers to them automatically. No court, no probate, no attorney fees beyond what they choose to hire.
Our flat fee to prepare the deed is $225. 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 — it is not a sale. Total out-of-pocket for most single-property deeds runs under $260.
Why Fort Myers and Southwest Florida Homeowners Use Them
The biggest reason is probate cost. In Florida, probate typically runs 3% to 5% of the estate value in attorney and court fees, and it can take six months to two years to complete. On a $350,000 home — a realistic number in Lee County right now — that’s $10,500 to $17,500 in fees before your family gets anything. A properly recorded Lady Bird deed eliminates that entire expense.
The second reason is the Florida homestead tax exemption. A Lady Bird deed does not trigger a reassessment and does not affect your homestead status while you’re alive. Your property taxes stay exactly where they are. For homeowners who’ve been in their Lee County home for years and have significant Save Our Homes protection, this matters.
The third reason is Medicaid planning. Because you retain full control and can revoke the deed at any time, Florida Medicaid does not treat it 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 down the road. Medicaid rules are complex — if that’s your specific situation, we always recommend also speaking with a licensed Florida elder law attorney.
Finally, your heirs get a stepped-up tax basis. When your beneficiaries inherit through a Lady Bird deed, the property value resets to fair market value at the time of your death for capital gains purposes. If they sell shortly after inheriting, they likely owe little to no capital gains tax. That’s a significant financial benefit that other transfer methods don’t provide.
Important: A Lady Bird deed is the right tool for most Florida homeowners with straightforward estate planning needs. But if you are married or have minor children, Florida’s homestead laws apply — your spouse’s consent is required to transfer homestead property. We verify this before preparing every deed.
Lady Bird Deed vs. Quit Claim Deed: Which One Do You Actually Need?
This is the question we get most often, and it comes down to one thing: timing.
A quit claim deed transfers ownership immediately. The moment it’s recorded, the transfer is done. If you want to add your adult child to the title right now, or remove an ex-spouse, or move the property into an LLC today — that’s a quit claim deed.
A Lady Bird deed transfers ownership only after you pass. While you’re alive, nothing changes. Your beneficiaries have no legal claim to the property. This is the right tool when your goal is to pass the property to your heirs at death without probate, while keeping full control during your lifetime.
Both are $225 to prepare through our office. If you’re not sure which one fits your situation, call us at 239-482-7900 and we’ll explain the difference without any pressure to proceed.
What to Do If You Think You Need a Lady Bird Deed in Lee County
The process is simple and you don’t need to come into an office. Fill out our online questionnaire with your property address and your beneficiaries’ names. We pull the legal description from county records, prepare the deed, send it to you for review, and handle recording with the Lee County Clerk of Court after you sign.
Turnaround is typically 7 to 14 business days from when we receive your completed questionnaire. For clients in Lee County who want to sign in person, we have in-house notarization available at no extra charge.
The woman from Cape Coral who called us last spring? Her family got through probate eventually. But if her mother had called us when she was still alive, the total cost would have been $258. That’s a conversation worth having before it’s too late.
Frequently Asked Questions
A will does not avoid probate in Florida — it is a set of instructions that go through probate court. A Lady Bird deed bypasses the probate process entirely. If you have a will and also want to keep your home out of probate, you can have both. They serve different purposes.
Yes. That’s one of the most important features. You can revoke the deed or change your beneficiaries at any time during your lifetime, without their knowledge or consent. Simply have a new deed or deed of revocation prepared and recorded. We can handle that for the same $225 preparation fee.
If a named beneficiary predeceases you, the deed should be updated. Depending on how the deed is worded, their interest may lapse or pass in ways you didn’t intend. We recommend contacting us to prepare a revised deed if any beneficiaries’ circumstances change.
Generally yes, because the property does not pass through your estate. However, Medicaid rules are complex and change over time. If Medicaid planning is your primary goal, we recommend consulting a licensed Florida elder law attorney in addition to getting the deed prepared.
Yes. Lady Bird deeds are valid in all 67 Florida counties. We prepare and record deeds for properties in Lee County, Collier County, Charlotte County, and Sarasota County. The process and cost are identical regardless of which county the property is in.
No. A living trust holds multiple assets and requires ongoing management. A Lady Bird deed applies to one specific property and requires no ongoing administration. For most Southwest Florida homeowners who simply want to keep a single home out of probate, a Lady Bird deed is simpler and significantly less expensive than setting up a trust.
Ready to Get Your Lady Bird Deed Prepared?
We’ve been preparing Lady Bird deeds for Fort Myers, Cape Coral, Naples, and Bonita Springs homeowners since 1997. The process takes about 10 minutes to start and typically completes in 7 to 14 business days.
Call 239-482-7900
Monday – Friday | 9:00 AM – 5:00 PM | LeeCountyDocs@gmail.com
$225 Flat Fee · Full Cost Estimate Upfront · No Hidden Fees
Visit our Lady Bird Deed Florida page for full details, or get started with our online questionnaire. Questions about whether a Lady Bird deed or a quit claim deed fits your situation? Call us — we’ll explain both with no obligation. — Betsy Wilkinson, Lee County Document Preparation, Inc.