Keep control of your Florida home during your lifetime. Pass it to your family without probate.
A Florida Lady Bird Deed (also called an Enhanced Life Estate Deed) is one of the simplest and most affordable ways to keep your home out of probate while retaining full control of the property during your lifetime. For the right homeowner, it can accomplish exactly what a more complex estate plan would, at a fraction of the cost.
At J. Perez Legal, P.A., we help Miramar and Broward County homeowners decide whether a Lady Bird Deed, a Revocable Living Trust, or a combination of both is the right fit for their family. Our practice is guided by faith and integrity, transparent pricing, and plain-English explanations.
What Is a Florida Lady Bird Deed?
A Lady Bird Deed allows a Florida property owner to keep ownership and control of the property during their lifetime while naming who will receive the property at death.
With a properly drafted Lady Bird Deed, you keep the ability to sell the property, mortgage it, take out a home equity line, or change your beneficiaries at any time during your life. When you pass away, the property transfers directly to the people named in the deed, without a probate proceeding for that property.
“This property is mine while I am alive, but when I die, it goes to these people.”
Florida is one of only a handful of states that recognize Lady Bird Deeds, which means Florida homeowners have an option many other Americans do not.
Key Benefits of a Florida Lady Bird Deed
- Avoids probate for the specific property named in the deed
- Preserves full control during your lifetime, including the ability to sell, mortgage, or change beneficiaries
- Preserves the Florida homestead tax exemption when drafted correctly under Fla. Stat. § 196.041(2)
- Does not affect Medicaid eligibility in most cases, because the transfer is incomplete during your life
- More affordable than a full trust, typically $500 to $1,500 depending on the property
- Simple to administer at death, without ongoing trustee duties
When a Lady Bird Deed May Be Right for You
A Lady Bird Deed is often the right choice when your situation is relatively simple.
- You own one home or a small number of Florida properties
- You want to keep control of the property while you are alive
- You want the property to pass directly to adult beneficiaries at death
- You do not need complicated instructions about how or when beneficiaries receive the property
- You want a simpler, less expensive alternative to a full living trust
Talk to an Attorney About Your Situation →
Florida Lady Bird Deed vs. Revocable Living Trust
A Lady Bird Deed is not the only option for avoiding probate in Florida. A Revocable Living Trust is a broader tool that can coordinate many assets, not just real estate. Here is how they compare on the issues that matter most.
| Feature | Lady Bird Deed | Living Trust |
| Avoids probate for the property | Yes | Yes, if properly funded |
| Control during your lifetime | You keep broad control | You typically stay in control |
| Incapacity planning | Limited by itself | Strong advantage |
| Multiple properties or assets | Piecemeal, one deed each | Coordinates many assets |
| Complex beneficiary instructions | Limited | Very flexible |
| Ongoing administration | Usually minimal | Trust administration required |
| Privacy | Beneficiaries appear on recorded deed | Trust terms generally private |
| Best fit | One home, simple estate, adult beneficiaries | Multiple assets, incapacity planning, complex family |
For a full side-by-side comparison including examples, read our Living Trust vs. Lady Bird Deed in Florida article.
Florida Homestead Rules Apply
Florida homestead law provides very strong protections for a person’s primary residence, but there are important rules involving married homeowners and homeowners with minor children. Under Fla. Stat. § 732.401, a Lady Bird Deed may not override certain homestead descent restrictions if you have a surviving spouse or minor child.
When drafted correctly, a Lady Bird Deed can also preserve the Florida homestead tax exemption under Fla. Stat. § 196.041(2). This is why homestead transfers should always be handled by an experienced Florida attorney rather than through a form template.
Why Florida Families Choose J. Perez Legal, P.A.
Led by founding attorney Juan J. Perez, our firm helps Miramar and South Florida families protect their homes and pass them to the next generation with clarity and confidence.
- Local Broward County practice. We know the county recording process, the local title insurance customs, and the practical realities of Florida real estate.
- Transparent pricing. We offer flat-fee pricing on most deeds and estate plans, with no surprises.
- Plain-English guidance. We explain your options in language you can actually use to make a decision, without legal jargon.
- Faith-guided approach. Our firm is built on faith, trust, and integrity, and we treat every family the way we would want our own to be treated.
- Complete estate planning. If a Lady Bird Deed alone is not enough, we coordinate wills, trusts, and asset protection as one plan.
Frequently Asked Questions
Q. Is a Lady Bird Deed legal in Florida?
A. Yes. Florida is one of only a handful of states that recognize Lady Bird Deeds. While there is no specific statute creating them, they are firmly established in Florida real estate practice and consistently upheld by Florida title insurance underwriters and courts.
Q. How much does a Lady Bird Deed cost in Florida?
A. A properly drafted Florida Lady Bird Deed typically costs $500 to $1,500 depending on the property, the number of beneficiaries, and any homestead considerations. Compared to Florida probate costs, which routinely run 3% to 7% of an estate’s value, a Lady Bird Deed usually pays for itself many times over.
Q. Will a Lady Bird Deed affect my Medicaid eligibility?
A. Generally not. Because you retain complete control of the property during your lifetime (including the right to sell or mortgage it), Florida treats the transfer as incomplete for Medicaid look-back purposes. This is one of the main reasons Lady Bird Deeds became popular in Florida. However, Medicaid rules are technical, so any deed used in an elder-law strategy should be reviewed by an experienced attorney before signing.
Q. Can I change the beneficiary on my Lady Bird Deed later?
A. Yes. One of the biggest advantages of a Lady Bird Deed is that you retain the right to sell, mortgage, or change your beneficiaries during your lifetime. If your family situation changes, we can update the deed accordingly.
Q. Should I use a Lady Bird Deed or a Revocable Living Trust?
A. It depends on your situation. A Lady Bird Deed is ideal for simple estates focused on transferring one property. A Revocable Living Trust is often better for families with multiple properties, business interests, minor children, incapacity planning needs, or complex beneficiary instructions. Many Florida families use both.
Q. Do I need an attorney to prepare a Lady Bird Deed?
A. Strongly recommended. A poorly drafted deed can void the Florida homestead tax exemption, trigger unintended probate, or fail to transfer the property at all. Florida homestead law is technical, and small drafting errors can create six-figure problems for your family. An experienced Florida estate planning attorney ensures the deed does exactly what you intend.
Ready to Protect Your Florida Home?
Every family’s situation is different. Before preparing a Lady Bird Deed or any other estate-planning document, it is important to understand how the strategy affects your property, your family, and your long-term goals. A short conversation with an experienced Florida attorney can give you clarity on what fits your situation best.
At J. Perez Legal, P.A., we help Miramar and Broward County families create estate plans designed to protect their property, simplify the transfer of wealth, and provide clear instructions for the people they love. Whether you need a straightforward Lady Bird Deed or a more comprehensive estate plan, our team walks you through the options that fit your goals.
Schedule Your Consultation Today →
Because “we’ll figure it out later” isn’t an estate plan, and your family deserves better.
Legal Disclaimer
This page is provided for general educational purposes only and is not legal advice. Estate-planning laws and individual circumstances vary. You should speak with a qualified Florida attorney regarding your specific situation.