A estate planning attorning helping clients

The Role of Deeds in Estate Planning: Lady Bird Deeds

Estate planning isn’t just about wills and trusts, though it’s famously known for that. For homeowners, having a deed may be essential. Specific types of deeds can allow real estate to pass directly to chosen heirs, avoid the lengths and expenses of probate, and still let the owner keep full control of the property during their lifetime. 

 

Tools like Lady Bird deeds (also called enhanced life estate deeds) are designed to do exactly that. They can be powerful, simple options—but only when used correctly and in the right situations.

What Exactly is a Lady Bird Deed?

A Lady Bird deed allows a property owner to name one or more beneficiaries who will automatically receive the property at the owner’s death. What makes it popular is that the owner keeps full control during their lifetime, meaning they can sell the property, mortgage it, or cancel the deed entirely (without needing the beneficiary’s permission). The chosen beneficiaries have no ownership rights until the owner passes away, and when they pass away, they’ll immediately get access to the property without any probate court involved. We usually recommend Lady Bird deeds to homeowners who want a very simple way to pass a home to their heirs without setting up a trust.

A estate planning attorning helping a clientStep-by-Step: How a Lady Bird Deed Is Set Up in Florida

Step 1: Confirm the Property Is a Good Fit

Not every property is ideal for a Lady Bird deed. Your estate planning attorney will first confirm:

  • How the property is titled

  • Whether there’s a mortgage

  • Whether it’s a homestead property

  • Whether Medicaid planning or creditor concerns apply

This step ensures the deed won’t cause issues with other goals or create unintended consequences.

Step 2: Decide Who the Beneficiaries Will Be

The owner chooses who will receive the property at death. 

Step 3: Draft the Lady Bird Deed with Proper Florida Language

Florida Lady Bird deeds require very specific wording to preserve full control and revocation rights. Poorly drafted deeds may accidentally create a traditional life estate, which limits flexibility and can cause legal issues.

This is where DIY templates often fail, and specifically why you need an estate planning attorney.

Step 4: Sign and Notarize the Deed

The deed must be properly signed and notarized according to Florida requirements. If the property is a homestead and owned by a married couple, both spouses may need to sign, even if only one is the titled owner.

Step 5: Record the Deed with Palm Beach County

After signing, the deed is recorded in the Palm Beach County public records. Recording is essential—an unrecorded deed may not work as intended.

Once recorded, the Lady Bird deed is effective immediately for planning purposes, even though ownership doesn’t transfer until death.

What Happens After the Owner Passes Away

At death, the beneficiaries typically:

  • Obtain a certified death certificate

  • Record it with the county

  • Update property records

The transfer is usually straightforward and much faster than a court process.

How Much Does a Lady Bird Deed Cost in Boca Raton, Florida?

In Boca Raton and the surrounding Palm Beach County area, Lady Bird deed pricing typically falls within a reasonable flat-fee range, depending on complexity. South Florida Law charges a fixed rate, so you’re not met with any surprises in the process. 

Most homeowners can expect:

  • Simple Lady Bird deed: approximately $400 to $800

  • More complex situations: higher if there are multiple owners, title issues, or coordination with a broader estate plan

Additional costs may include:

  • County recording fees (usually modest)

  • Title review if needed

If the Lady Bird deed is part of a larger estate planning package, the cost may be bundled rather than charged separately.

Answering Frequently Asked Questions About Deeds

Can a deed override a will or a trust?

Yes. A deed controls what happens to the property it covers, even if a will says something different. This is why your deed must be coordinated with the rest of your estate plan beforehand. 

What happens if a beneficiary named in a deed dies before the owner?
If the deed does not address this situation, the outcome may depend on state law or require probate involvement. 

Do these deeds affect property taxes or homestead protections?
In Florida, a properly drafted Lady Bird deed typically preserves homestead protections and does not trigger property tax reassessment during the owner’s lifetime. But, improper drafting or changes in ownership structure can affect exemptions, which is why accuracy matters.

Are Transfer-on-Death (TOD) deeds used in Florida?
No. Florida law does not authorize transfer-on-death deeds for real estate. While many states allow TOD deeds by statute, Florida homeowners must use alternatives such as Lady Bird deeds or trusts to pass property outside of probate. Using a TOD deed form in Florida would not accomplish the intended goal and could leave the property subject to probate.

Is a deed-based plan enough on its own?
For some people, a deed may handle the transfer of a primary residence, but it does not address personal property, finances, healthcare decisions, or guardianship issues. Deeds are usually just one part of a broader estate plan.

What if I change my mind after recording a deed?
As long as the deed allows revocation—which Lady Bird deeds do—you can change beneficiaries or undo the deed entirely during your lifetime by recording a new document.

Does a mortgage lender need to approve a Lady Bird deed?
Generally, no. Since ownership does not transfer during a person’s lifetime, most mortgages are not affected. Still, reviewing loan terms beforehand can help avoid surprises.