Lady Bird Deed: A Simple Way to Avoid Probate in Florida

If you’ve ever heard someone mention a Lady Bird Deed and thought, “Is that a real thing?” — yes, it absolutely is. And if you’re a Florida homeowner looking for an easy way to pass your property to someone when you die without going through probate, it might just be your new best friend.

As a Florida attorney, I get questions about estate planning all the time, and Lady Bird Deeds are one of my favorite tools in the legal toolbox — especially for folks who want to keep things simple.

What Is a Lady Bird Deed?

A Lady Bird Deed, officially called an enhanced life estate deed, is a legal document that allows you to transfer real estate to someone automatically upon your death without going through probate. You retain full control of the property while you’re alive, and when you pass, the home transfers directly to your named beneficiary. This means you can sell it, rent it, mortgage it, or change your mind and redo the deed entirely without needing permission from the person you’re leaving it to. Once you pass away, the property goes straight to your named beneficiary — no probate court, no waiting, no headaches. It’s all handled by the deed itself.

Benefits of a Lady Bird Deed

Many Florida residents use Lady Bird Deeds as a straightforward way to transfer their home. The key benefits include:

1. Avoid Probate – That’s the #1 reason. Probate in Florida can be time-consuming and expensive. With a Lady Bird Deed, your heirs skip it completely when it comes to your home.
2. Keep Control – Unlike a regular life estate deed, you don’t give up control during your lifetime. You can change your mind or sell the house if you want.
3. It’s Simple – No trust, no probate, no extra paperwork down the line.
4. It’s inexpensive – Compared to creating a revocable trust, a Lady Bird Deed is quick and cost-effective to set up.

When a Lady Bird Deed Might Not Be Right for You

While a Lady Bird Deed works well in many cases, it’s not right for everyone. You might need a more comprehensive estate plan if:

• You have a blended family or children from multiple marriages
• You own property in multiple states
• You want to leave the home to multiple beneficiaries who may not agree
• You want to leave property to minors
• You want to protect the property from creditors or Medicaid estate recovery

In these cases, a revocable living trust or full estate plan may be more appropriate. We can help you evaluate your situation and find the best fit.

Need Help?

Wondering whether a Lady Bird Deed is right for you? If you’re a Florida homeowner and want to explore whether this estate planning tool makes sense for your situation, our team at Widerman Malek is here to help. Attorney Jim Ippoliti has guided many clients through creating smart, efficient estate plans that protect their property, honor their wishes, and simplify the process for their loved ones.

Call our office at 407-566-0001 or send us a message, and ask for Jim to schedule a free consultation. We’ll guide you through the estate planning process with clarity, efficiency, kindness, and respect.

About the Author

Jim Ippoliti is a partner at Widerman Malek who counsels individuals and businesses across a wide range of legal matters, including corporate transactions, real estate, family law, and estate planning. He frequently advises Florida homeowners on practical tools like Lady Bird Deeds to simplify the transfer of property and avoid probate.