If you own a home in Florida and want it to pass to someone you love without going through probate, a Lady Bird deed might be exactly what you are looking for — and most people have never heard of it.
What is a Lady Bird deed in Florida?
A Lady Bird deed — formally called an Enhanced Life Estate Deed — is a special type of property deed that allows a homeowner to retain full control of their property during their lifetime while designating who will receive it automatically at death. It is a powerful probate-avoidance tool available in only five states, and Florida is one of them.
The name has a charming origin: it was coined by Florida attorney Jerome Ira Solkoff, a co-founder of the Elder Law section of the Florida Bar, who used President Johnson's wife as an example in an educational context. The name stuck — though you will not find it in any Florida statute by that name. Florida accepts these deeds based on common law principles.
How does a Lady Bird deed avoid probate?
When you die owning real property in your name alone, that property typically must go through Florida probate before it can be transferred to your heirs. A Lady Bird deed sidesteps all of that. At the moment of your death, your property transfers automatically to your named beneficiary — no probate required, no court involvement, no waiting. The beneficiary simply records a certified copy of your death certificate.
What are the advantages of a Lady Bird deed over a regular life estate deed?
A traditional life estate deed also allows property to pass at death without probate, but once you sign it, the remainder beneficiaries have a legal interest in the property. That means if you want to sell, mortgage, or change your mind about who should inherit it, you need their consent.
A Lady Bird deed is different in one critical way: you keep complete control. During your lifetime, you can:
- Sell the property without the beneficiary's permission
- Mortgage or refinance it freely
- Revoke the deed entirely and name someone else
- Change your mind as many times as you want
The named beneficiary has no rights to the property while you are alive — making the Lady Bird deed far more flexible than a traditional life estate for most homeowners.
Are there situations where a Lady Bird deed is not the right choice?
Yes. A Lady Bird deed works best when you have a clear idea of who should receive your property. If you are uncertain about your remainder beneficiaries — perhaps your family situation is complicated, or you have minor children with no clear trustee in place — it may not be the right tool on its own.
It is also worth noting that a Lady Bird deed only covers real property. It will not help you avoid probate on bank accounts, investments, vehicles, or other assets. For a comprehensive plan, your deed should be part of a broader estate plan.
At Lauren Richardson Law, we prepare Lady Bird deeds as part of a holistic look at your estate plan — making sure your property, your documents, and your beneficiary designations all work together.