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If you’re searching for a transfer on death deed in Florida (also called a TOD deed or beneficiary deed), here’s the short answer: Florida does not recognize transfer on death deeds. Twenty-nine other states have adopted some version of the Uniform Real Property Transfer on Death Act — Florida is not one of them.
But Florida offers something better for the same purpose: the Lady Bird Deed (enhanced life estate deed). Lady Bird Deeds achieve the same probate-avoidance result as TOD deeds — passing real estate automatically to chosen beneficiaries at death — while preserving the owner’s full control during life. This guide explains why Florida uses Lady Bird Deeds instead and how they compare.
Because Florida has no official "transfer on death deed" form, the document you need is a Lady Bird Deed drafted to meet Florida's general deed formalities plus the specific language that creates the enhanced life estate. A generic TOD deed template pulled from another state's website will not work here. The deed has to be drafted as a Florida enhanced life estate deed, with the reserved powers (sell, mortgage, lease, or revoke without beneficiary consent) spelled out clearly, or a title company or court may later question whether the remainder beneficiaries had to consent to a later sale.
Like any other Florida deed, a Lady Bird Deed must be signed by the grantor in the presence of two subscribing witnesses and a notary public, contain a complete legal description of the property (not just the street address), and be recorded in the official records of the county where the property sits. Recording fees are set by each county's clerk of court and are usually based on the number of pages, so a longer deed costs more to record. Most Lady Bird Deeds do not trigger Florida documentary stamp tax because no consideration changes hands and the grantor retains full control during life, but this can depend on how the deed is structured, so it is worth confirming before recording.
If the property is homestead and the owner is married, Florida's homestead rules generally require the spouse to join in or consent to the deed even though the owner keeps full lifetime control. Skipping spousal joinder on homestead property is one of the most common reasons a Lady Bird Deed gets challenged after death. Also confirm how the property is currently titled (individual name, tenancy by the entireties, or trust) before drafting, since that affects who needs to sign.
Fillable templates exist online, but a self-prepared deed that misses a witness signature, omits the correct legal description, or fails to include proper reserved-powers language can fail exactly when your family needs it to work, after you are gone and can no longer fix it. Because there is no court review of a Lady Bird Deed before death, errors are typically only discovered during a title search or after death.
Yes. Florida deeds require two witnesses and a notary acknowledgment to be eligible for recording in the county's official records.
Recording costs are set per page by the county clerk where the property is located, so costs vary by county and by how long the deed is. Check the current fee schedule with the clerk's office before recording.
Generally yes. Florida homestead protections typically require the non-owning spouse to join in the deed, even though the owning spouse keeps full control during life.
No. Florida does not recognize transfer on death deeds (TOD deeds, also called beneficiary deeds). Twenty-nine other states have adopted some version of the Uniform Real Property Transfer on Death Act, but Florida has not. Any document titled ‘Transfer on Death Deed’ executed in Florida has no legal effect. Florida residents who want the same result — real estate passing to beneficiaries outside probate — use a Lady Bird Deed (enhanced life estate deed) instead.
The Lady Bird Deed (technically called an ‘enhanced life estate deed’). A Lady Bird Deed lets you keep full control of your home during life — including the right to sell, mortgage, or revoke without anyone’s consent — and have it pass automatically to chosen beneficiaries at your death, outside probate. Florida is one of only five states where Lady Bird Deeds are recognized in practice. They achieve the same probate-avoidance result as TOD deeds in other states.
No. A TOD deed is governed by the law of the state where the real property is located. If you own Florida real estate, Florida law applies — and Florida does not recognize TOD deeds. A TOD deed signed in another state but covering Florida property is invalid. To accomplish the same goal for Florida property, use a Lady Bird Deed.
Historically, Florida law has favored the common-law ‘enhanced life estate’ doctrine (Lady Bird Deeds) over statutory TOD deed mechanisms. The Florida Legislature has not adopted the Uniform Real Property Transfer on Death Act. Some Florida estate planning attorneys have proposed TOD deed legislation over the years, but none has passed. Practically speaking, Lady Bird Deeds achieve the same result, so the absence of TOD deeds doesn’t leave Florida homeowners without options.
For Florida real estate, the question is moot — Lady Bird Deed is the only option since TOD deeds aren’t recognized. But comparing the two doctrines: Lady Bird Deeds give the grantor full powers (sell, mortgage, revoke) during life with no beneficiary consent required; some TOD deed statutes are similarly broad, others are more restrictive. Lady Bird Deeds are arguably MORE flexible than typical TOD statutes because they’re based on common-law principles rather than statutory limitations.
Florida offers several options: (1) Lady Bird Deed — the most common and flexible option for the homestead; (2) Revocable living trust holding title to the property — works for any property type, not just homestead; (3) Joint tenancy with right of survivorship — works but creates immediate co-ownership during life; (4) Tenancy by the entireties (for married couples) — automatic survivorship plus creditor protection. The right choice depends on your full circumstances.
TOD designations on bank accounts and investment accounts ARE allowed in Florida (Fla. Stat. § 655.82 for bank accounts, § 711.50-.512 for securities). The Florida prohibition is specifically on TOD DEEDS for real estate — not on TOD designations for financial accounts. So you can use POD (payable on death) designations on bank accounts and TOD on brokerage accounts to avoid probate on those assets in Florida.
Without a probate-avoidance arrangement, Florida real estate that’s titled solely in the decedent’s name passes through probate (formal or summary administration depending on estate size and timing). The property is part of the probate estate, the personal representative manages it, and ultimately it’s distributed per the decedent’s will or — if no will — per Florida intestate succession (Fla. Stat. § 732.101). Homestead property has special protections that bypass creditor claims but may still require a probate determination of homestead status.
The Lady Bird Deed is the Florida tool that does what TOD deeds do in other states — pass property to beneficiaries outside probate while preserving full control during life.
Managing Attorney, Zoecklein Law, P.A. · Florida Bar No. 0085615 · Stetson Law J.D. cum laude
Florida's alternative to TOD deeds — same probate-avoidance result.
Different type of Florida deed and when to use it.
The process Lady Bird Deeds and TOD-equivalents are designed to avoid.