Florida Lady Bird Deed | #1 Trusted Service for Drafting, Online Notarization & eRecording

Florida Lady Bird Deed Services – Typing, Online Notarization & eRecording

📄 Understanding the Florida Lady Bird Deed

A Florida Lady Bird Deed, also called an Enhanced Life Estate Deed, is a commonly used document format that may allow real estate to transfer to named beneficiaries upon the property owner’s death—outside of probate.

Unlike a traditional will, which usually goes through probate court, this approach may help bypass that process for real estate—while still letting the owner stay in full control of the property during their lifetime.

Florida Lady Bird Deed
A modern, easy-to-understand way to prepare your Florida Lady Bird Deed—trusted by hundreds, backed by a team that makes the paperwork simple.

This type of deed is often selected by individuals who want to avoid probate while keeping full control of their property during their lifetime—including the ability to sell, refinance, or change beneficiaries.

⚠️ If you’re unsure whether this approach is right for your situation, please consult a licensed Florida attorney.

🔍 Why Some Property Owners Use a Lady Bird Deed

Many Florida property owners explore the use of a Lady Bird Deed because it can allow real estate to transfer directly to chosen individuals upon death—without the delays and expenses often associated with probate court.

A key benefit of this type of deed is that it typically allows the property owner to retain full control throughout their lifetime. That means the owner can sell, mortgage, or change future beneficiaries at any time.

✅ Flexible control during life
✅ Potential probate avoidance for real estate
✅ Clear designation of who receives the property after death

 

⚠️ If you’re uncertain whether this approach is right for you, a licensed Florida attorney can advise you.

🛡️ Stay in Control During Your Lifetime

One of the most appealing features of a Florida Lady Bird Deed is that it typically allows you to keep full authority over your property during your lifetime.

With this deed format, many property owners:

✅ Sell, mortgage, or refinance without involving beneficiaries
✅ Update or change beneficiaries at any time
✅ Avoid some of the risks and confusion of joint ownership

⚠️ As with any real estate decision, outcomes may vary. We encourage you to consult a licensed attorney if you’re unsure how this deed fits your situation.

📜 Why Is It Called a “Lady Bird Deed”?

The term Lady Bird Deed is an informal nickname for what’s legally known as an Enhanced Life Estate Deed.

The story goes that President Lyndon B. Johnson used this type of deed to transfer property to his wife, Lady Bird Johnson. Although that origin is debated, the nickname stuck—and it’s now widely recognized in Florida as a tool for real estate transfers outside of probate.

While the name might sound unusual, the concept is straightforward: allow property to pass automatically to named individuals without losing control during your lifetime.

🏥 Estate and Medicaid Planning

Because property titled in a Lady Bird Deed does not legally transfer until death, some people consider this approach when planning for long-term care or Medicaid eligibility. Unlike an outright gift, a Lady Bird Deed may not be treated as a completed transfer during the grantor’s lifetime.

This characteristic is one reason why some individuals explore it as part of a broader estate or asset protection plan.

⚠️ Important: The legal and financial effects of using a Lady Bird Deed in Medicaid or estate planning depend entirely on your personal circumstances. You should always consult with a licensed Florida attorney or elder law professional to understand how this strategy may affect your situation.

💰 Potential Tax Consideration

Some individuals use a Florida Lady Bird Deed with the understanding that, upon the owner’s death, the beneficiary may receive the property with a stepped-up tax basis. This may help reduce potential capital gains taxes if the property is later sold.

However, tax outcomes can vary depending on your situation, current laws, and other planning factors.

⚠️ Important: For guidance on whether this strategy makes sense for your specific tax circumstances, it’s best to consult a licensed attorney or qualified tax professional.

🛡️ Creditor Protection Consideration

Because ownership typically stays in your name during your lifetime, some individuals view a Florida Lady Bird Deed as a way to help protect the property from claims by a beneficiary’s creditors. Since the beneficiaries have no current ownership interest, their creditors generally cannot go after the property while you’re still living.

That said, results can vary depending on your unique situation.

⚠️ Reminder: If you have questions about asset protection or creditor planning, it’s important to consult with a licensed Florida attorney for personalized guidance.

🖊️ Signing and Notarizing Your Florida Lady Bird Deed

To be accepted for recording in Florida, a Lady Bird Deed must typically be signed in the presence of a notary public and two witnesses.

At Florida Document Specialists, we make this step easy with our secure Remote Online Notarization (RON) service.

Sign from anywhere – Complete your signing session from home or wherever is convenient
Witnesses provided – We include the two witnesses often required for deeds in Florida
Compliant & secure – Our process follows Florida’s remote notarization laws
Recording-ready – Your signed deed will be returned to you in a format accepted by Florida county clerks

Whether you handle the recording yourself or use our eRecording service, your notarized deed will be ready to go.

🏛️ Convenient eRecording for Faster Filing

Once your deed is properly signed and notarized, it must be recorded in the public records of the appropriate Florida county.

We offer secure, efficient electronic recording (eRecording) services to simplify this step:

Skip the trip – We electronically submit your deed to the correct Florida county clerk
Fast turnaround – Most counties process eRecorded deeds within 24–48 hours
Proof of recording – You’ll receive a digital copy with the official recording information
Secure and trusted – We use certified eRecording platforms accepted by Florida counties

If your county doesn’t accept eRecording, we’ll let you know and provide guidance on mailing or in-person submission.

📞 Real People, Real Support – Call Us First!

We’re not a giant call center or a faceless website. When you reach out to us, you’ll speak with a real, knowledgeable member of our team who’s ready to help you understand the process.

Talk to a human – No bots, no scripts—just friendly support from experienced professionals
Know what to expect – We’ll explain how our document typing, online notarization, and recording services work
⚖️ Nonlawyer services – We’re not attorneys and don’t offer legal advice, but we’re happy to explain what we do
Start with confidence – We encourage you to contact us before placing an order so you feel fully informed

Have questions before you get started? We’re just a phone call away—and we’re happy to help.

💼 Hassle-Free, Flat-Fee Lady Bird Deed Services

We make the paperwork easy. Choose the service level that works best for your needs—document typing, online notarization, and county submission, all handled by our experienced nonlawyer team.

Lady Bird Deed

Document Typing Only
$ 149
  • 📜 We type your form in a format guaranteed for county acceptance.
  • 📝 Review & Approval – You’ll receive a draft to review before we finalize your typed document.
  • 📖 Notarization & Recording Guide – Includes instructions for completing the next steps.
  • ✉️ Digital Delivery – Receive your completed document by email (optional mailed copy available).

Online Notarization

Typing with Remote Signing
$ 239
  • 💻 Includes All Features from Tier 1
  • 🔐 Remote Online Notarization – Legally sign your deed online from anywhere using our secure, Florida-compliant platform—no in-person visit needed.
  • 👥We supply the two witnesses required for deeds in Florida.
  • ✉️ Receive a ready-to-record document, fully notarized, witnessed, and delivered by email.

eRecording

Typing + Notary + County Filing
$ 299
  • ✅ Includes All Features from Tier 1 & 2
  • 🏛️ eRecording Service – We submit your signed deed to the appropriate Florida county
  • 📑 Receive an Official Recorded Copy – Includes county recording details for your records and proof of filing.
  • 📦 Full-Scope Clerical Support – From typing to notarization and recording, we manage the workflow based on your instructions.

❓ Frequently Asked Questions (FAQ)

Just the Facts – Not Legal Advice
These FAQs are provided for general informational purposes only. Because we are not attorneys, we cannot evaluate your specific legal situation or offer advice. If you have legal questions, please consult a licensed attorney.

A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a legal document that allows property owners to transfer their property automatically upon death without probate while retaining full control during their lifetime.

Unlike a traditional life estate deed, a Lady Bird Deed allows the owner to sell, refinance, or change beneficiaries at any time without needing the remainder beneficiary’s consent.

Yes, Lady Bird Deeds are recognized under Florida common law and are a widely accepted method of estate planning to avoid probate.

Any Florida property owner can use a Lady Bird Deed, as long as the property is not already subject to restrictions that prevent transfer (such as certain mortgage agreements or joint tenancy with rights of survivorship).

Yes, a Lady Bird Deed can be used for Florida homestead property and still maintains homestead protections, including tax benefits and protection from forced sale by creditors.

Yes, you can name multiple remainder beneficiaries. You may also specify alternate beneficiaries in case a primary beneficiary predeceases you.

Yes! Many property owners use a revocable living trust as the remainder beneficiary to provide additional asset protection and estate planning flexibility.

Yes. Since the property does not transfer ownership until death, it is not considered a countable asset for Medicaid eligibility and is not subject to Medicaid estate recovery in Florida.

Florida does not have a state inheritance tax. Additionally, under federal law, beneficiaries receive a stepped-up tax basis, which may reduce or eliminate capital gains tax if they sell the property later.

Yes! As the owner, you retain full control and can revoke, modify, or create a new Lady Bird Deed at any time without needing beneficiary approval.

No, if you owe debts, your creditors may still place a lien on the property while you are alive. However, your beneficiaries' creditors cannot place a lien on it before they inherit it.

Yes, Florida law requires a Lady Bird Deed to be signed in the presence of a notary and two witnesses to be legally valid.  The notary can act as one of the witnesses.

Yes! We offer Remote Online Notarization (RON), allowing you to sign your Lady Bird Deed from anywhere with a notary and two witnesses provided.

Once notarized, the deed must be filed with the Clerk of Court in the county where the property is located. We offer fast and secure eRecording services to handle this process electronically.

With our eRecording service, deeds are typically recorded within 24-48 hours, much faster than mailing.

No. Since you retain full ownership during your lifetime, beneficiaries have no rights to sell, mortgage, or make decisions about the property until after your death.

Most mortgages and homeowner’s insurance policies remain unaffected by a Lady Bird Deed, but it’s always best to check with your lender or insurer.

In Florida, if the remainder beneficiary (grantee) of a Lady Bird Deed (Enhanced Life Estate Deed) predeceases the owner (grantor/life tenant), the property does not automatically pass to the deceased beneficiary’s heirs or estate per stirpes unless the deed specifically includes contingent beneficiaries or alternative language addressing this scenario.

What Happens If the Remainder Beneficiary Dies First?

  1. If the Deed Names Only One Remainder Beneficiary

    • If the sole remainder beneficiary dies before the owner and the deed does not name an alternate beneficiary, the enhanced life estate deed fails.
    • When the owner dies, the property remains part of the owner’s probate estate and will pass according to their will or Florida intestacy laws if no will exists.
  2. If Multiple Remainder Beneficiaries Are Named

    • If the deed designates multiple beneficiaries and one dies before the owner, the distribution depends on how they were named:
      • If the deed says "to A and B as joint tenants with right of survivorship," the surviving remainder beneficiary receives the deceased beneficiary’s share.
      • If it simply says "to A and B," it’s presumed they take as tenants in common, meaning the deceased beneficiary’s share passes to their estate.
  3. If the Deed Includes "Per Stirpes" Language

    • If the remainder beneficiary was explicitly granted the property "per stirpes", then their descendants would inherit their share.
    • However, Lady Bird Deeds typically do not default to per stirpes distribution unless it’s explicitly written into the deed.

How to Avoid This Problem

To ensure a smooth transfer, the owner should:

  • Regularly update the deed if a named beneficiary dies.
  • Include alternate beneficiaries to prevent the property from going through probate.
  • Consider per stirpes language if they want the beneficiary’s heirs to inherit their share.

No, Lady Bird Deeds are designed for individuals and trusts, not business entities. If you want to transfer property to an LLC, you may need a Quitclaim Deed or Warranty Deed instead.

We offer flat-fee pricing for hassle-free deed preparation:

  • $149 – Deed Preparation Only – Professionally drafted and emailed to you with recording instructions.
  • $239 – Deed + Online Notarization – Fully executed with remote notarization and required witnesses.
  • $299 – Deed + Notarization + eRecording – Complete service, including online notarization, witnesses, and official county recording.
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