Florida Enhanced Life Estate Deed / Lady Bird Deed

What Is a Florida Enhanced Life Estate Deed / Lady Bird Deed?

Florida deed package last revised: July 2, 2026.

A Florida enhanced life estate deed, commonly called a Lady Bird deed, is an estate-planning deed structure that can let an owner keep lifetime control while naming remainder beneficiaries for property still owned at death. It is not an ordinary sale deed, and Florida does not have a general statutory real-property transfer-on-death deed form. Lady Bird planning should be reviewed carefully for title, mortgage, homestead, Medicaid estate recovery, tax, beneficiary, and post-death title-clearing issues.

What Is Included After Checkout?

The Florida enhanced life estate deed package includes two editable Microsoft Word documents: the Florida Enhanced Life Estate Deed / Lady Bird Deed and a separate Florida Enhanced Life Estate Deed Instructions and Recording Checklist. The instruction file is separate so completion guidance is not accidentally recorded as part of the deed.

When This Florida Deed May Be Considered

This form may be considered when a Florida owner wants an enhanced-life-estate structure that preserves lifetime retained powers while naming adult remainder beneficiaries. It should not be used for ordinary sales, complex beneficiary structures, minors, uncertain capacity, disputed title, Medicaid planning without elder-law review, or lender-sensitive transfers without professional review.

Florida Recording and Completion Notes

• Signing, witnesses, and notary: Florida deeds generally must be signed by the grantor in the presence of two subscribing witnesses and acknowledged before a notary or other authorized officer before recording.
• Recording office: Record with the Clerk of the Circuit Court / county recorder for the Florida county where the property is located.
• Legal description: Use the complete legal description from a reliable title source. A street address, parcel number, or property-appraiser summary is not a substitute.
• Recording space: Florida recording standards include first-page and later-page top-right blank-space requirements; do not shrink or remove recording-space areas when completing the document.
• Taxes and homestead: Documentary stamp tax, mortgage surtax or intangible-tax issues, Miami-Dade treatment, homestead spouse joinder, lender requirements, title insurance, and property-tax consequences can be fact-specific and should be reviewed before signing.

Florida Lady Bird Deed vs. Ordinary Deeds

A Florida Lady Bird deed is an estate-planning deed structure, not a warranty deed, special warranty deed, quitclaim deed, or statutory transfer-on-death deed. The right deed depends on whether the goal is a current sale transfer, no-warranty transfer, limited-warranty transfer, or estate-planning transfer after counsel and title review.