The Short Answer
Many states let you record a transfer-on-death deed (also called a beneficiary deed) that passes your home to a named person when you die, with no probate. Florida is not one of them. Florida never adopted the Uniform Real Property Transfer on Death Act, so a TOD deed has no legal effect on Florida real estate. The good news: Florida recognizes a different deed that reaches the same result, the lady bird (enhanced life estate) deed.
What a Transfer on Death Deed Does in Other States
In more than 30 states, a TOD deed lets an owner name a beneficiary who has no interest at all until the owner dies. The owner keeps full control, can revoke any time, and the home passes outside probate by the recorded deed. It is popular because it is simple and avoids tying up a single property in court. Florida homeowners read about it, assume it works here, and that is where the trouble starts.
Why Florida Does Not Recognize It
There is no Florida statute authorizing a TOD or beneficiary deed for real property. Recording one does not make it valid. In practice that means:
- The deed likely fails to transfer the home at death, so the property falls into the probate estate after all.
- A title company may refuse to insure a later sale, freezing the home.
- Your heirs may need a quiet-title lawsuit (a court action to resolve the disputed ownership) to clear the cloud the deed created: the opposite of avoiding probate.
A deed that "feels" right because it works in another state can do real damage here.
What Florida Uses Instead: The Lady Bird Deed
The Florida equivalent is the lady bird deed, a deed that reserves an enhanced life estate for you and leaves the remainder to your beneficiaries. It delivers the TOD outcome Florida law does not provide directly:
- No probate. The home passes automatically to your beneficiaries at death.
- Full control for life. You can sell, mortgage, rent, or revoke without anyone’s consent.
- Fully revocable. Change your mind, record a new deed, done.
- Keeps the tax step-up. Your heirs receive the home at its date-of-death value, avoiding the capital-gains tax a plain gift would cause.
- Outside Medicaid estate recovery: Florida's recovery program only reaches assets that pass through probate, and this deed keeps the home out.
TOD Deed vs. Lady Bird Deed in Florida
| Feature | TOD / beneficiary deed | Florida lady bird deed |
|---|---|---|
| Valid on Florida real estate? | No | Yes |
| Avoids probate | Yes (other states) | Yes |
| Owner keeps full control | Yes | Yes |
| Revocable any time | Yes | Yes |
| Recognized by FL title insurers | No | Yes |
What Florida Does Allow "Transfer on Death" For
Florida just does not allow it by deed for real estate. You can still use death-time transfers for other assets:
- Pay-on-death (POD) bank accounts.
- Transfer-on-death securities and brokerage accounts under the Florida Uniform Transfer-on-Death Security Registration Act (Chapter 711).
- Beneficiary designations on retirement accounts and life insurance.
For the house, the answer is the lady bird deed. A consult ties these together so nothing important slips through probate.
Were you about to record a TOD deed?
Don’t. Book a free 30-minute consult and we will set up the deed Florida actually recognizes, for a flat fee.
Book your free consultWhat It Costs
An attorney-drafted lady bird deed is $399 for an individual owner, $449 for a joint deed, plus government recording (about $18 to $30) and a $0.70 documentary stamp, passed through at cost. The legal fee is posted and honored 90 days from June 2026. Not sure which tool fits? Try the deed selector → or compare a deed vs. a living trust.
Frequently Asked Questions
Does Florida Have a Transfer on Death Deed?
No. Florida has not adopted the Uniform Real Property Transfer on Death Act, so there is no statutory transfer-on-death (or "beneficiary") deed for real estate here, unlike roughly 30 other states. If you record a TOD deed on a Florida home, it does not pass the property at your death and can create a title problem your heirs have to clean up in probate.
What Should I Use Instead of a TOD Deed in Florida?
A lady bird deed, also called an enhanced life estate deed. It produces almost exactly the same result a TOD deed gives in other states: your home passes automatically to the beneficiaries you name when you die, with no probate, while you keep full control during your life, including the right to sell, mortgage, or change your mind. It is the Florida workaround for the deed Florida does not have.
Is a Lady Bird Deed the Same as a Transfer on Death Deed?
In effect, yes, though the mechanics differ. A TOD deed names a beneficiary who gets nothing until you die. A lady bird deed reserves an "enhanced" life estate for you and leaves a remainder to your beneficiaries, but with language keeping all your lifetime powers. Both avoid probate, both stay revocable, and both let you keep control. Florida recognizes the lady bird version, not the TOD version.
What Happens If I Record a TOD Deed on Florida Property Anyway?
It will likely be treated as ineffective to transfer the property at death, and a title company may refuse to insure a later sale. Your beneficiaries can be forced into probate or a quiet-title action to clear the cloud, which is the exact cost and delay you were trying to avoid. Use the instrument Florida actually recognizes.
Does Florida Allow Transfer on Death for Anything?
Yes, just not for real estate by deed. Florida allows pay-on-death (POD) bank accounts, transfer-on-death registration for securities and brokerage accounts (the Florida Uniform Transfer-on-Death Security Registration Act, Chapter 711), and beneficiary designations on retirement accounts and life insurance. For your home, the tool is the lady bird deed.
Does a Lady Bird Deed Avoid Probate Like a TOD Deed Would?
Yes. The home passes to your remainder beneficiaries by operation of the recorded deed, outside probate, the same outcome a TOD deed delivers in states that have them. Because it skips the probate estate, it also stays outside Florida Medicaid estate recovery, which is limited to the probate estate.
Can I Just Use a Quitclaim Deed to Avoid Probate Instead?
You can, but it usually backfires. A quitclaim that gives the home to your children now is a completed gift: you lose control, your kids inherit your old tax basis (a capital-gains hit a lady bird deed avoids), and the gift can trigger a Medicaid penalty. A lady bird deed reaches the no-probate goal without giving anything away today.
How Much Does the Florida Version Cost?
Our attorney-drafted lady bird deed is $399 for an individual owner or $449 for a joint deed, plus county recording (about $18 to $30) and a $0.70 documentary stamp. Flat fee, posted up front, honored for 90 days.
Common Situations
The out-of-state form. A retiree who moved from Texas, where TOD deeds are valid, records the same kind of deed on his Naples condo. After he dies, the title company will not insure the sale, and his daughter has to open a probate she thought the deed avoided. A lady bird deed would have done what he wanted.
The snowbird with a brokerage and a home. A part-time Sarasota resident sets up TOD registration on her brokerage account (valid in Florida) and assumes a matching TOD deed covers the house. It does not. We add a lady bird deed so the home passes the same clean way the account does.
The "simple" quitclaim alternative. A widower, told Florida has no TOD deed, quitclaims his home to his son to avoid probate. The gift costs the son the basis step-up and creates a Medicaid transfer penalty. The lady bird deed reaches the same no-probate result with none of that.
Sources of Law
- Florida has not enacted the Uniform Real Property Transfer on Death Act; there is no statutory TOD or beneficiary deed for real estate. Lady bird (enhanced life estate) deeds are recognized by Florida common law and title-underwriting practice.
- Fla. Stat. Chapter 711: Florida Uniform Transfer-on-Death Security Registration Act. flsenate.gov (retrieved 2026-06-07)
- IRC §1014: step-up in basis at death. Fla. Stat. §409.9101: Medicaid estate recovery (limited to the probate estate).
Updated on June 10, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.