Glossary · Trusts and Deeds
Lady Bird Deed
A Florida deed that lets you keep full control of your home during life and pass it automatically at death, outside probate.
An enhanced life estate deed, nicknamed a Lady Bird deed, lets an owner keep a life estate plus the retained power to sell, mortgage, or change the remainder beneficiary without anyone else consenting. At death, the property passes to the named beneficiaries automatically.
People use it to avoid probate on the home while keeping the Florida homestead protections and the homestead tax exemption during life. Unlike an outright gift, it generally preserves a stepped-up basis and keeps Medicaid planning cleaner.
It is not always the right tool. Multiple properties, blended families, minor beneficiaries, or tax-sensitive estates usually call for a revocable living trust instead.
In Florida
Florida is one of a small number of states that recognizes the enhanced life estate deed. Because it rests on practice and case law rather than a single statute, the wording has to be exact or the deed can cloud title. Homestead status and beneficiary language need careful drafting.
Common questions
Does a Lady Bird deed avoid probate in Florida?
Yes. The home passes to the remainder beneficiaries at death without probate, as long as the deed is drafted and recorded correctly.
Is a Lady Bird deed better than a living trust?
It depends. For a single homestead it can be a clean, low-cost fix. For multiple assets or a blended family, a revocable living trust usually does more.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Lady Bird Deed under Florida law and does not constitute legal advice. Every family and estate is different.