Florida Transfer on Death Deed
A transfer on death deed allows a property owner to designate a beneficiary who will automatically receive the property when the owner dies, without probate. The owner retains full control of the property during their lifetime and can revoke or change the designation at any time.
Florida has not adopted the Uniform Real Property Transfer on Death Act, which is the statute that creates formal “transfer on death deeds” in the roughly 30 states that have enacted it. Florida instead recognizes enhanced life estate deeds, commonly called lady bird deeds, which accomplish the same result through a different legal mechanism. A lady bird deed is Florida’s functional equivalent of a transfer on death deed.
How a Transfer on Death Deed Works in Florida
A Florida lady bird deed transfers property to named beneficiaries at the owner’s death while reserving to the owner a life estate with enhanced powers. Those enhanced powers include the unrestricted right to sell, mortgage, lease, or revoke the deed without the beneficiaries’ consent. The beneficiaries have no ownership interest, no right to occupy the property, and no ability to prevent the owner from disposing of it during the owner’s lifetime.
When the owner dies, title passes automatically to the named beneficiaries by operation of the deed. The beneficiaries record a copy of the death certificate with the county recorder’s office to establish their ownership in the public records. No probate proceeding is required.
If the owner sells the property before death, the deed is effectively extinguished and the beneficiaries receive nothing. If the owner wants to change beneficiaries, the owner executes and records a new deed.
Get a Lady Bird Deed
Attorney Gideon Alper prepares lady bird deeds for clients throughout Florida. We handle the drafting, execution, and recording.
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Transfer on Death Deed vs. Lady Bird Deed
In states that have adopted the Uniform Real Property Transfer on Death Act, a statutory TOD deed and a Florida lady bird deed produce nearly identical outcomes. Both avoid probate, both allow the owner to retain full control during life, and both are revocable. The differences are primarily formal.
| Feature | Statutory TOD Deed (Other States) | Lady Bird Deed (Florida) |
|---|---|---|
| Legal authority | Uniform Real Property Transfer on Death Act | Florida common law and Bar title standards |
| Revocable | Yes | Yes |
| Owner retains full control | Yes | Yes |
| Avoids probate | Yes | Yes |
| Stepped-up tax basis at death | Yes | Yes |
| Gift tax triggered at execution | No | No |
| Beneficiary has rights during owner’s life | No | No |
| Must be recorded before death | Varies by state | Yes |
The practical result is the same: the property passes to the named beneficiary at death without probate, and the owner retains complete control during life.
Transfer on Death Designations for Other Assets
While Florida does not use a statutory TOD deed for real estate, Florida law does recognize transfer on death and payable on death designations for financial accounts.
Brokerage and investment accounts can be registered with a TOD beneficiary designation under the Uniform Transfer on Death Securities Registration Act, which Florida has adopted. The account owner retains full control during life, and the designated beneficiary receives the account assets at death without probate.
Bank accounts can include a payable on death (POD) designation under Florida Statute § 655.82. The account owner maintains complete control over the funds during life, and the designated beneficiary receives the account balance at death.
Retirement accounts such as IRAs and 401(k) plans transfer to designated beneficiaries by operation of the account agreement and federal law. These transfers occur outside probate regardless of what the owner’s will provides.
Florida does not allow transfer on death registration for vehicles. Vehicle titles must be transferred through the probate process or through other estate planning mechanisms such as a living trust.
Requirements
A Florida lady bird deed functioning as a transfer on death deed must satisfy the same execution requirements as any Florida deed. The deed must be in writing, signed by the grantor, witnessed by two individuals, and notarized. It must include the full legal description of the property and the parcel identification number. The deed must be recorded in the official records of the county where the property is located.
The deed language must expressly reserve the enhanced life estate powers to the grantor, including the power to sell, mortgage, lease, and revoke the transfer. Without this language, the deed may be construed as a traditional life estate deed, which would strip the owner of the ability to sell or mortgage the property without the beneficiaries’ consent.
If the property is homestead and the owner is married, Florida’s constitutional homestead restrictions apply. A married owner generally cannot use a lady bird deed to transfer the homestead to anyone other than the spouse without the spouse’s joinder and consent.
Cost
The cost of a lady bird deed in Florida typically ranges from $400 to $1,000 depending on the attorney and the complexity of the ownership situation. County recording fees vary but are generally under $50. Documentary stamp tax is not typically due because no ownership transfers and no consideration changes hands at the time of recording.
