Lady Bird Deed Form

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Lady Bird Deed Form

A lady bird deed, >also known as an enhanced life estate deed, transfers real estate from the owner to the beneficiary outside of probate upon the owner’s death. Recorded during the owner’s lifetime, this deed enables the owner to retain full control over the property, allowing them to sell, mortgage, or lease it without needing to consult the grantee.

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Last updated July 10th, 2025

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A lady bird deed, >also known as an enhanced life estate deed, transfers real estate from the owner to the beneficiary outside of probate upon the owner’s death. Recorded during the owner’s lifetime, this deed enables the owner to retain full control over the property, allowing them to sell, mortgage, or lease it without needing to consult the grantee.

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Lady Bird Deed Defined

A ladybird deed is an estate planning tool used to pass down property to a beneficiary (grantee) without the grantee having to go through probate. It is commonly drafted in conjunction with a will or revocable trust.

It is also referred to as an enhanced life estate deed, with the term “life estate” referring to the fact that the grantor holds the title until their death.

Pros & Cons

Pros

  • Circumvents probate
  • Owner retains power over the property
  • Avoids Medicaid estate recovery

Cons

  • Only covers real property
  • Can cause issues for multiple beneficiaries

Sample

Formatting standards vary by state.

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Prepared By:
Name: [PREPARER NAME]
Address: [PREPARER ADDRESS]
After Recording Return To:
Name: [RECIPIENT NAME]
Address: [RECIPIENT ADDRESS]

LADY BIRD DEED

STATE OF [STATE NAME]
COUNTY OF [COUNTY NAME]

This Lady Bird Deed, made this [MM/DD/YYYY] is by and between [GRANTOR NAME(S)], whose address is [GRANTOR ADDRESS] (hereinafter known as the “Grantor(s)”), and [GRANTEE NAME(S)], whose address is [GRANTEE ADDRESS] (hereinafter called the “Grantee(s)”).

For good and valuable consideration paid by the Grantee(s), the receipt of which is hereby acknowledged, the Grantor(s) does transfer and convey the following described property to the Grantee(s) effective upon the death of the Grantor(s), situated in [STATE NAME] County, [COUNTY NAME], to-wit:

[ENTER THE PROPERTY’S LEGAL DESCRIPTION HERE, OR ATTACH EXHIBIT A].

The Grantor(s) reserves a life estate for himself/herself/themselves during the Grantor(s) lifetime, coupled with an unrestricted power to convey during the Grantor(s) lifetime, which includes the power to sell, gift, mortgage, lease and otherwise dispose of the property and to retain the proceeds from the conveyance.

IN WITNESS WHEREOF, the Grantor(s) has executed and delivered this Lady Bird Deed under seal as of the day and year first above written.

Grantor’s Signature: _____________________________
Grantor’s Name: [GRANTOR NAME]

Witness’s Signature: _____________________________
Witness’s Name: [WITNESS NAME]

Witness’s Signature: _____________________________
Witness’s Name: [WITNESS NAME]

STATE OF [NOTARY: STATE]
COUNTY OF [NOTARY: COUNTY]

I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that [NOTARY: GRANTOR(S)] whose names are signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, executed the same voluntarily on the day the same bears date.

Given under my hand this [MM/DD/YYYY].

_____________________________
Notary Public

My Commission Expires: ________________