Updated on November 7th, 2022
A Florida lady bird deed is an estate planning instrument that provides property owners with a means of passing on real estate to family or friends upon their death. The deed allows for an efficient way for the designated beneficiaries to receive real property while avoiding probate.
Also referred to as an “enhanced life estate,” this deed is permitted for use in five (5) states, including Florida. In a standard life estate, the grantor (owner) would need permission from the beneficiary for significant decisions regarding the property, such as selling, leasing, or mortgaging it. In contrast, the owner in an enhanced life estate retains full property rights.
- Statutes: Chapter 689 – Conveyances of Land and Declarations of Trust
- Formatting: § 695.26
- Signing Requirements (§ 695.26): Notary Public and Two (2) Witnesses
- Where to Record: Circuit Court
- Recording Fees (§ 28.24(13)(a), (d), (e)): $10 for the first page; $8.50 for each additional page.