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What happened to my family
My father-in-law owned a home here in Osceola County. He had a will. Then he had a stroke, and my wife and her brother got a Power of Attorney.
They felt covered. So did I. And I've been a REALTOR since 2001.
When he passed, the Power of Attorney stopped working. The will didn't keep the house out of court. It went to probate. It took about eight thousand dollars and nine months before the family could sell it. The bills kept coming the whole time.
He was still able to sign while he was in the hospital. Nobody put a Lady Bird Deed in front of him. Including me.
What a Lady Bird Deed is
A Lady Bird Deed is the common name for an Enhanced Life Estate Deed. Florida is one of only a few states that allows it.
- It names who gets your home when you pass away.
- When that day comes, the home goes to them without probate.
- While you're alive, nothing changes. You still own your home. You can live in it, sell it, refinance it, or change who gets it. You don't need anyone's permission.
Think of it like the beneficiary on a bank account, but for your house.
Why a will and a Power of Attorney aren't enough
- A Power of Attorney ends at death. It can't transfer the house after your parent passes.
- A will doesn't avoid probate. It tells the court what to do. The family still goes through the court.
The steps you can't skip
- Have it drafted by a Florida estate planning or real estate attorney.
- Sign in front of two witnesses. Since 2024, Florida also requires each witness's printed name and mailing address on the deed.
- Have it notarized.
- Record it with the county clerk. A deed in a drawer doesn't protect anybody.
Homestead caution: if the owner is married or has a child under 18, Florida's homestead rules can limit who they can name. Talk to an attorney first.
What it can't do
- It doesn't replace a will. You still need one for everything else.
- If there's a mortgage, the mortgage stays with the house.
- If more than one person is on the title, they all need to sign.
Download the family checklist
Lady Bird Deed: Family Checklist
What to gather and what to ask before you meet an attorney. One page. Easy to print.
- The papers to pull before the meeting
- The homestead question to raise first
- How to sign and record it the right way
Enter your first name and email. The checklist opens right away, and I'll email you a copy. No texts, no pressure.
Already too late?
If your parent has already passed and the house is in probate, start here:
Read nextSelling a House in Probate or an Inherited Home →Common questions
Does a Lady Bird Deed avoid probate in Florida?
For the home, it's designed to. The house passes to the people you named without going through probate court. Have an attorney draft it so it's done right.
Does a Lady Bird Deed affect my homestead exemption?
Signing one does not cost you your homestead exemption.
Can I change my mind after I sign it?
Yes. You can sell the home, refinance it, or change who you named without anyone's permission.
Does a will avoid probate in Florida?
No. A will tells the probate court what to do. The family still goes through the court.
Talk it through
Dealing with a parent's home, an inherited house, or a house stuck in probate? I'm happy to help. No pressure.
Book a free 15-minute call Or call or text (321) 320-7129I'm a REALTOR, not an attorney. This is general information, not legal or tax advice. For your situation, talk to a Florida attorney.