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Florida Lady Bird Deed

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Updated August 13, 2025

A Florida lady bird deed, or enhanced life estate deed, is a deed that transfers ownership of real estate to someone else (grantee) upon the owner's death. The owner retains the right to sell, mortgage, or lease the property during their lifetime while collecting any financial gains.[1]

How to File

  • Recording: It must be recorded at a Court Clerk & Comptroller’s office.[2]
  • Signing: The grantor must sign with two (2) witnesses in the presence of a notary public for a lady bird deed to be recorded.[3][4] The notary public can act as one of the witnesses.
  • Dimensions: Must have a 3 x 3-inch space at the top-right corner on the first page and a 1 inch (width) by 3 inches (height) on each subsequent page (this space is used by the recorder).[5]
  • Parties’ Information: The names and addresses of the grantor(s), grantee(s), and preparer must be mentioned with their printed names beneath their signatures.[6]

Main Benefits

  • Maintain Control: Allows an owner to maintain control of the property during their lifetime.[7]
  • Revocable: An owner can change their mind, such as amending or canceling the deed’s instructions.[8]
  • Avoids Probate: It avoids the probate process. Once the owner dies, the property is transferred to the beneficiaries by providing a death certificate to the Court Clerk & Comptroller’s Office.[9]
  • Preserve Homestead Exemption: Preserves the owner’s homestead exemption benefits related to property taxes and rights against creditors (no force of sale).[10][11]
  • Medicaid Protection: Medicaid pursues property going through probate. Therefore, the property is passed to its beneficiaries without expense reimbursements.[12]
  • No Doc Stamp Tax: Not subject to documentary stamp tax.[13]
  • Liens by Creditors: Due to the property still in the owner’s name, creditors can place liens on the property for any debts owed.[14]

Sample

Download: PDF

Sources

Content

  1. Oglesby v. Lee, 73 Fla. 39 (1917)
  2. Florida Statutes § 695.11
  3. Florida Statute § 689.01
  4. Florida Statute § 695.03
  5. Florida Statute § 695.26(1)(e)
  6. Florida Statute § 695.26(1)
  7. The ElderLaw Report – Life Estate Deeds; For Variations on a Theme (Page 7)
  8. The Ultimate Guide to Florida Lady Bird Deeds: Protecting Your Property and Legacy
  9. Lady Bird Deed in Florida: Pros and Cons
  10. Florida Statute § 193.155(3)(a)4
  11. Florida Constitution – Article X, Section 4(a)
  12. Lady Bird Deed – Best Kept Secret
  13. TAA 20B4-003
  14. Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too – Second Course

Forms

  1. Palm Beach County – Enhanced Life Estate Deed