Serving Homeowners Throughout Florida
A Florida Lady Bird Deed allows a homeowner to retain full rights to sell, refinance, lease, mortgage, or revoke the deed during life, while designating beneficiaries to receive the property automatically at death. Unlike a traditional life estate deed, the owner keeps enhanced powers and unrestricted control.
Because the property transfers outside of probate, many Florida residents researching how to avoid probate in Florida choose a Florida Lady Bird Deed as a simple and cost-effective solution.
Probate in Florida can involve formal administration, statutory attorney fees, court supervision, and administrative delays. When a homestead property must pass through probate, beneficiaries often face months of waiting before title can be transferred.
A properly drafted Florida Lady Bird Deed allows the home to pass directly to named beneficiaries without probate. After the owner’s death, a certified death certificate is typically recorded to establish clear title.
A Florida Lady Bird Deed is often appropriate for homeowners whose primary asset is their residence. This includes:
Florida has one of the highest percentages of homeowners over age 65 in the country. For many of these individuals, a Florida Lady Bird Deed provides clarity, simplicity, and control without requiring a complex trust structure.
Florida’s constitutional homestead protections create unique estate planning considerations. If a homeowner is married or has minor children, certain restrictions may apply. A Florida Lady Bird Deed must be carefully drafted to comply with Florida homestead law and spousal rights. Homestead restrictions are evaluated at death, not when the deed is signed. Proper estate planning ensures the deed functions as intended.
A Florida Lady Bird Deed does not qualify an individual for Medicaid benefits. However, because the property transfers outside of probate, it may reduce exposure to Medicaid estate recovery under current Florida law. Timing and proper planning are critical, particularly regarding the five-year look-back period.
Both a Florida Lady Bird Deed and a revocable living trust can be used to avoid probate in Florida. A Lady Bird Deed is often appropriate when the home is the primary estate asset and the estate plan is relatively straightforward. A revocable trust may be more suitable when there are multiple properties, significant financial accounts, or more complex distribution goals. Each estate plan should be evaluated individually.
Yanitza Schoonover focuses her practice on probate administration and estate planning throughout Florida. She assists clients with:
A Florida Lady Bird Deed must be drafted properly to ensure enhanced powers are fully reserved
and that the deed aligns with your broader estate planning strategy.
If you are considering a Florida Lady Bird Deed to avoid probate and protect your homestead,
schedule a consultation today.
Yanitza Schoonover