Frequently Asked Questions
A Florida Lady Bird Deed (also called an Enhanced Life Estate Deed) is a legal document that lets you keep full ownership and control of your property during your lifetime while automatically transferring it to your chosen beneficiaries when you pass away — without probate. You can sell, refinance, or change the deed anytime without anyone’s consent.
When you pass away, the property titled under a Lady Bird Deed transfers directly to your named beneficiaries. This bypasses Florida’s probate court process, saving your family time, stress, and thousands in legal fees. It’s one of the simplest ways to protect your home from the lengthy and costly probate process.
A traditional life estate deed limits your rights — you can’t sell or mortgage the property without your beneficiaries’ consent.
A Lady Bird Deed (Enhanced Life Estate) gives you complete control for life. You can sell, refinance, or change beneficiaries anytime. It combines flexibility during life with automatic transfer after death.
A Lady Bird Deed is ideal for:
- Florida homeowners who want to avoid probate
- Individuals with a single home or homestead property
- Those who want to name beneficiaries without creating a trust
- Seniors or retirees looking to simplify estate planning
It’s perfect for anyone who wants to keep full control while ensuring their home passes smoothly to loved ones.
Yes. Lady Bird Deeds are recognized statewide — including Miami-Dade, Broward, Palm Beach, Lee, Orange, and every other Florida county. Each county’s recording office accepts Enhanced Life Estate Deeds as long as they meet Florida’s statutory requirements.
In most cases, yes. Because the property passes automatically upon death, it’s not considered part of your probate estate — meaning Medicaid typically cannot recover the property for reimbursement after you pass. However, individual situations vary, so you may want to confirm with an elder law professional.
Absolutely. A Lady Bird Deed gives you full control during your lifetime. You can sell, mortgage, or change ownership without needing consent from your beneficiaries. It only takes effect after your death.
Yes. You can change or revoke the deed anytime before your death — simply by recording a new deed. This flexibility is one of the biggest advantages of using a Lady Bird Deed over other estate-planning options.
With GetLadyBirdDeed.com, you can create your Florida Lady Bird Deed 100% online for a limited-time flat fee — no attorney required.
Limited-Time Pricing
$349 Standard Service (completed in 2–3 business days)
$449 Expedited Service (completed within 24 hours)
What’s Included
Professionally prepared, Florida-compliant Lady Bird Deed
Free online notarization included
Covers property in any Florida county
Clear recording instructions provided.If you prefer, our e-recording specialists are available to handle the recording process on your behalf for added convenience.
Affordable. Transparent. No courthouse visits required.
For many Florida homeowners, yes. A Lady Bird Deed is simpler, faster, and far less expensive than creating and maintaining a living trust. However, if you have multiple properties, business interests, or complex estate needs, a trust may still be beneficial.
It’s simple:
- Go to: GetLadyBirdDeed.com
- Answer a few questions about your property and beneficiaries
- Review your custom-prepared deed
- Sign and record it with your county’s recorder of deeds office
You’ll get step-by-step instructions and support throughout the process.
No. You can legally create a Florida Lady Bird Deed without hiring an attorney. However, if you have a complex estate or wish to combine it with a trust or tax plan, consulting a lawyer is recommended. Our online process covers most standard homestead and non-homestead deeds.
Without a Lady Bird Deed or trust, your property will likely go through Florida probate court. That means delays, attorney fees, and court costs that your loved ones must handle. A Lady Bird Deed helps avoid all that while keeping things private and efficient.
Yes. You can name one or several beneficiaries, such as your children, spouse, or other relatives. Each person will receive their share automatically when you pass away, without probate.
You can begin right now at GetLadyBirdDeed.com.
Create your Florida Lady Bird Deed online today and enjoy peace of mind knowing your home and family are protected — without attorneys, without probate, and without losing control.
Yes. A Florida Lady Bird Deed remains fully valid even if you move out of state.
The deed is tied to the property’s location, not your residency.
As long as the home is located in Florida and the deed is properly recorded, your beneficiaries
will inherit the property automatically — regardless of where you live when you pass away.
If you purchase property in another state, that property must follow that state’s laws, but your
Florida Lady Bird Deed remains valid and enforceable.
No. A Florida Lady Bird Deed does not interfere with refinancing, selling, or obtaining title insurance.
Here’s why:
- You retain full ownership and all rights during your lifetime.
- Beneficiaries have zero legal rights until you pass away.
- Mortgage lenders cannot block a Lady Bird Deed under the federal Garn-St. Germain Act.
Most lenders and title companies are familiar with these deeds in Florida and do not consider them a problem.
Yes. You can change beneficiaries at any time without their permission.
To update beneficiaries, you simply:
1. Create a new Lady Bird Deed with the updated names
2. Sign and notarize the new deed
3. Record it with the county clerk
Once the new deed is recorded, it automatically overrides any previous deeds.
There is no limit to how many times you can update your beneficiaries.
Only if your Lady Bird Deed lists backup (contingent) beneficiaries.
If a primary beneficiary dies before you and no backup is listed, the property must go through probate to determine who inherits the deceased beneficiary’s share.
To avoid this, your deed should include:
- Primary beneficiaries
- Backup beneficiaries
- Successor beneficiaries
A properly drafted Lady Bird Deed prevents probate even if life circumstances change.
protection from most creditors.
After death:
Beneficiaries who inherit through a Lady Bird Deed are not responsible for your
debts, and your homestead remains generally protected from creditor claims if it
passes to an heir.
You may name a trust as the remainder beneficiary. This is helpful when:
- Beneficiaries are minors
- Beneficiaries have disabilities
- You want greater control over how the property is managed
Power of Attorney:
Unless specifically authorized, an agent under POA cannot create or revoke a Lady Bird Deed
If jointly owned with right of survivorship:
Both owners sign the deed and list beneficiaries who inherit after both owners pass.
Each owner can direct their own share to different beneficiaries.
If married on Florida homestead:
The non-owner spouse must sign, even if not on the original deed.
Yes. A Lady Bird Deed works even if:
- You have a mortgage
- You have a HELOC
- You have outstanding liens
- Your property is under an HOA
The deed does not alter or eliminate existing debts — it simply transfers ownership at death without probate.
Your beneficiaries inherit the home subject to those obligations but avoid all probate delays.
It is very rare — and difficult — for someone to successfully challenge a properly executed Lady Bird Deed.
Challenges only arise if:
- Someone alleges you lacked capacity at signing
- You were forced or coerced
- The deed is not drafted or notarized correctly
However, because the deed is executed while you are alive and retains your full ownership rights, it is generally much harder to contest than a will.
A professionally prepared deed nearly eliminates the risk of disputes.
Yes — but not for the home.
A Lady Bird Deed only covers the property listed on the deed.
You still need a will to cover:
- Vehicles
- Bank accounts
- Personal belongings
- Life insurance
- Business ownership
- Digital assets
- Anything not covered by beneficiary designations
For even stronger planning, many homeowners pair:
- A Lady Bird Deed (for the home)
- A simple will (for personal assets)
- A healthcare directive
- Financial power of attorney
This ensures your entire estate is protected.
Ready to Secure Your Home — and Your Legacy?
- No attorney required
- Free online notarization
- Valid in all Florida counties