✅ Checklist Summary
✔ Full legal names of owner(s) and beneficiary(ies)
✔ Accurate legal description from current deed
✔ Proper deed language with life estate reservation
✔ Deed signed, notarized, and witnessed
✔ Deed recorded with county clerk
✔ Certified copy of recorded deed received
FAQs
✅ What is a Florida Lady Bird Deed?
A Lady Bird Deed allows a property owner to:
- Transfer property automatically to beneficiaries upon death
- Avoid probate
- Retain full control of the property during their lifetime (can sell, refinance, revoke)
- Remain eligible for Medicaid planning purposes (in most cases)
📝 Eligibility Requirements for Using a Lady Bird Deed
You can use a Lady Bird Deed in Florida if:
- The property is located in Florida
- You are the sole legal owner (or co-owners agree to transfer interest)
- You want to name one or more remainder beneficiaries (grantees)
- You want to retain a life estate with enhanced rights
- You are not subject to a court restriction or lien that prevents transfer
📄 Information Required to Prepare a Florida Lady Bird Deed
🔹 Grantor (Property Owner) Information
- Full legal name(s)
- Mailing address
- Marital status
- Signature(s) must match how the name appears on the current deed
🔹 Grantee (Remainder Beneficiary) Information
- Full legal name(s) of beneficiary or beneficiaries
- Relationship to grantor (optional, but helpful)
- Address (recommended for recording and notice purposes)
🔹 Property Information
- Street address of the property
- Legal description from current deed (exact wording required)
- Parcel or tax ID number (optional but helpful)
📄 Required Documents
- Florida Lady Bird Deed document – properly drafted and notarized
- Current deed or title for reference (to ensure accuracy of legal description)
- Self-addressed stamped envelope (if mailing recording documents)
Prepared deed should state that the grantor retains a life estate with full powers, including the right to sell, mortgage, or change beneficiaries.
🖊️ Signing and Execution Requirements
- Deed must be signed by the grantor(s)
- Must be notarized
- Must have two witnesses (in addition to the notary)
- All signatures must be original (wet ink), no electronic signatures for recording
🏛️ Recording the Deed
- Take or mail the signed deed to the Clerk of Court/County Recorder in the county where the property is located
- Pay the recording fee (typically $10–$20 for first page, plus $8–$10 per additional page)
- Ask for or request a certified copy of the recorded deed
💡 Important Considerations
- The Lady Bird Deed is revocable by the grantor during life
- It does not affect homestead rights or property taxes
- It avoids probate but still qualifies as a completed transfer upon death
- It may impact Medicaid estate recovery planning – legal advice recommended
- It is not affected by the grantee’s creditors during the grantor’s life
✅ Checklist Summary
✔ Full legal names of owner(s) and beneficiary(ies)
✔ Accurate legal description from current deed
✔ Proper deed language with life estate reservation
✔ Deed signed, notarized, and witnessed
✔ Deed recorded with county clerk
✔ Certified copy of recorded deed received
✔ Accurate legal description from current deed
✔ Proper deed language with life estate reservation
✔ Deed signed, notarized, and witnessed
✔ Deed recorded with county clerk
✔ Certified copy of recorded deed received