Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Florida
Whether Florida lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Florida
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| No transfer-on-death deed statute | Florida has no statute authorizing a transfer-on-death or beneficiary deed for real property. A deed simply labeled "transfer on death deed" is not a recognized Florida instrument. |
| Lady Bird deed is the workaround | Florida uses the enhanced life estate, or Lady Bird, deed. The owner keeps a life estate plus the power to sell, mortgage, or convey without the beneficiary’s consent, and names a remainder beneficiary who takes automatically at death. |
| Rests on case law and title standards | The Lady Bird deed rests on Florida case law and the Florida Bar’s uniform title standards, not a statute. Title insurers evaluate it under those standards, so the drafting must follow the accepted form. |
| Recorded, notarized, and witnessed | Like any Florida deed, it must be signed, notarized, witnessed by two witnesses, and recorded. |
| Key details and exceptions | What it means |
|---|---|
| Preserves Medicaid eligibility | Because the owner keeps a life estate with powers, transferring by Lady Bird deed is generally not a disqualifying transfer for Florida Medicaid. |
| Avoids Medicaid estate recovery | Florida Medicaid recovery reaches only the probate estate, and property passing by Lady Bird deed is not part of it, so it generally escapes recovery. This is a major reason the deed is used. |
| Preserves the homestead exemption | The deed keeps the owner’s homestead exemption intact during life. |
| Accounts are different | Florida does allow payable-on-death bank accounts and transfer-on-death securities and vehicle registration. Those are separate from the absent real-estate deed and should not be confused with it. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Florida. This is legal information, not legal advice.
- Do not rely on a plain "TOD deed" form
A deed labeled transfer-on-death has no statutory basis in Florida. For real estate, use a properly drafted Lady Bird (enhanced life estate) deed instead.
- Follow the accepted Lady Bird form
Because the deed rests on title standards, not a statute, title insurers scrutinize the wording. Use a form that follows the Florida Bar’s uniform title standards.
- Keep it separate from account beneficiaries
Payable-on-death bank accounts and transfer-on-death vehicle titles are separate tools. Setting those up does not pass your home; the Lady Bird deed does.
- Talk to a Florida estate attorney
A Lady Bird deed touches Medicaid, homestead, and title issues. A licensed Florida estate attorney can draft it correctly. The Florida Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Florida TOD deeds
Florida is a "no statute" state for transfer-on-death deeds, but it is not a dead end, because the Lady Bird deed does the same job. There is no Florida statute authorizing a transfer-on-death or beneficiary deed for real property, so a form simply labeled that way is not a recognized instrument here. Instead, Floridians use the enhanced life estate, or Lady Bird, deed: the owner keeps a life estate plus the power to sell, mortgage, or convey without anyone’s consent, and names a remainder beneficiary who takes the home automatically at death, outside probate. It rests on case law and the Florida Bar’s title standards rather than a code section, so the drafting must follow the accepted form for title insurers to honor it. The reason it is so popular is Medicaid: it generally is not a disqualifying transfer, it keeps the home out of Medicaid estate recovery, and it preserves the homestead exemption. Just do not confuse it with payable-on-death bank accounts or vehicle titles, which Florida allows separately.
Common questions
Can I use a transfer-on-death deed in Florida?
Not a statutory one. Florida has no transfer-on-death deed statute for real property. Floridians use a Lady Bird (enhanced life estate) deed instead, which passes the home outside probate.
What is a Lady Bird deed in Florida?
An enhanced life estate deed. The owner keeps a life estate plus the power to sell or mortgage without the beneficiary’s consent, and names a remainder beneficiary who takes the property automatically at death.
Does a Lady Bird deed avoid Medicaid recovery in Florida?
Generally yes. Florida Medicaid recovery reaches only the probate estate, and a Lady Bird deed passes the home outside probate. It also generally is not a disqualifying transfer and preserves the homestead exemption.
Does Florida allow any transfer-on-death designations?
Yes, but not for real estate. Florida allows payable-on-death bank accounts and transfer-on-death registration for securities and vehicles. Those are separate from passing your home, which needs a Lady Bird deed.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.