By Attorney Season A. Chisholm, Spanski Law, PLLC · Last reviewed September 11, 2026
The short answer
A Lady Bird deed, formally an enhanced life estate deed, lets a Florida homeowner name who will receive the home at death. The owner keeps full control during life, including the right to sell, mortgage, or change beneficiaries without anyone's consent. At death, the home passes to the named beneficiaries without probate. Properly prepared, it preserves the homestead exemption and the Save Our Homes assessment limitation and is generally not a taxable gift.
Key facts
- Formal name
- Enhanced life estate deed
- Control during your lifetime
- Full: sell, mortgage, rent, or change beneficiaries without consent
- At death
- The home passes to the named beneficiaries without probate
- Homestead exemption
- Preserved when the deed is properly prepared
- Signing and recording
- Two witnesses and a notary, recorded in the county where the home is located
- Medicaid planning
- Not a primary practice area; qualification documents are prepared case by case
What is a Lady Bird deed?
A Lady Bird deed is a Florida deed in which the owner keeps full use and control of the home for life, called an enhanced life estate. It names remainder beneficiaries, the people who receive the home at the owner's death.
Unlike a traditional life estate deed, the owner does not need the beneficiaries' permission to sell, mortgage, or change the deed. The beneficiaries have no ownership rights in the home until the owner's death.
How does a Lady Bird deed work during your lifetime and at death?
During your lifetime, nothing changes in how you own and use the home. At your death, ownership passes to the beneficiaries under the terms of the deed.
- During your lifetime, you live in, rent, sell, refinance, or mortgage the home and pay the property taxes, and you may change the beneficiaries by signing and recording a new deed.
- At your death, the beneficiaries usually record a certified copy of the death certificate and any documents the title company requires. No probate case is needed for the home.
What are the benefits of a Lady Bird deed in Florida?
A Lady Bird deed passes the home without probate while you keep full control, your homestead protections, and, generally, favorable tax treatment for your beneficiaries.
- The home passes directly to your beneficiaries at your death, without probate.
- Your homestead exemption, Save Our Homes assessment limitation, and homestead creditor protection continue during your lifetime.
- Signing the deed is generally not a completed gift for federal gift tax purposes.
- Your beneficiaries generally receive a step-up in income tax basis, meaning the home's tax value is reset to its value at your death, which can reduce capital gains tax if they sell.
- Because the home passes outside probate, it is generally not subject to Florida Medicaid estate recovery.
How is a Lady Bird deed different from adding children to the deed?
Adding children with a quitclaim deed gives them ownership now, with tax, creditor, and control risks. A Lady Bird deed gives them nothing until your death.
- A quitclaim to children is generally a gift, and it may reduce the step-up in basis they would otherwise receive.
- The home becomes exposed to the children's creditors, lawsuits, bankruptcies, and divorces.
- You can no longer sell or refinance without the children's signatures.
- It can affect your homestead exemption and Save Our Homes assessment limitation.
Should you use a Lady Bird deed or a revocable trust?
A Lady Bird deed is often simpler when the home is the main asset. A trust is often better for blended families, for property in more than one state, or when you want to control how and when beneficiaries receive the home.
Do Florida's homestead rules still apply to a Lady Bird deed?
Yes. If you are married or have a minor child, a Lady Bird deed on your homestead must be prepared with Florida's homestead restrictions in mind, which often means your spouse also signs the deed.
When is a Lady Bird deed not the right choice?
A Lady Bird deed is often not the right choice when the home is owned with someone other than a spouse, is already in a trust, or will pass to a beneficiary who needs the inheritance managed.
- The home is owned jointly with someone other than a spouse.
- The home is already titled in a trust.
- You want to leave the home in unequal shares, over a period of time, or with conditions.
- A beneficiary is a minor, has special needs, or may have difficulty managing property.
- Medicaid eligibility is a concern, which Spanski Law reviews case by case.
How is a Lady Bird deed signed and recorded?
Like other Florida deeds, it is signed in front of two witnesses and a notary. It is then recorded in the official records of the county where the property is located, which is Sarasota County for most Venice homes.
A deed that is never recorded may not accomplish its purpose, and a title problem found before signing is far easier to correct than one found after a death.
What happens to the home after the owner dies?
The beneficiaries become the owners without probate. To sell or refinance, they usually record a certified copy of the death certificate and provide whatever else the title company requests.
The home remains subject to any mortgage, and its property taxes may change once the owner's homestead exemption ends. When several beneficiaries inherit together, they will need to agree on whether to keep or sell the home, which is worth discussing before the deed is signed.
Common questions
Can a Lady Bird deed be used for a condominium?
Generally, yes. A Florida condominium can be transferred with a Lady Bird deed, although the association's rules may apply when the beneficiaries take ownership.
Can a Lady Bird deed be used for property other than a homestead?
Yes. Florida enhanced life estate deeds can be used for other Florida real estate, although the homestead protections apply only to a homestead.
What if a beneficiary dies before I do?
It depends on how the deed is written. A carefully drafted deed says who receives that share, such as the beneficiary's children or the other beneficiaries. You can also sign a new deed at any time.
Learn more
General information about Florida law as of the date this guide was last reviewed. It is not legal advice and is not a substitute for a conversation about your own circumstances.
Questions about your own situation?
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