Florida Deed Law Explained

Lady Bird Deed vs. Transfer on Death Deed (TODD)

If you’ve been researching Transfer on Death Deeds for your Florida property, there’s something critical you need to know before you do anything.

Plenty of websites publish generic information about Transfer on Death Deeds without specifying that Florida has not adopted the Uniform Real Property Transfer on Death Act. If you’ve been comparing these two deed types for a Florida property, this page will clear up the confusion — and show you exactly what your options actually are.

What Is a Transfer on Death Deed (TODD)?

A Transfer on Death Deed — also called a beneficiary deed or TOD deed — is a real estate planning instrument that allows property owners to name a beneficiary who automatically inherits the property upon the owner’s death, without probate. The beneficiary has no rights during the owner’s lifetime. The owner can sell, refinance, or revoke the deed at any time.

TODDs are authorized by the Uniform Real Property Transfer on Death Act, which has been adopted in about 30+ states. However, Florida is not one of them.

What States Recognize TODDs?

✔ States With TODD / Beneficiary Deed

California
Texas
Arizona
Colorado
Nevada
Illinois
Ohio
And 25+ others

✘ States WITHOUT TODD (Including Florida)

Florida — Not adopted
Louisiana
New York (partial)
South Carolina
Georgia
Mississippi
Kentucky
Others

What Is a Lady Bird Deed?

Florida’s answer to the TODD is the Lady Bird Deed — formally called an Enhanced Life Estate Deed. It accomplishes almost everything a TODD does, but through a different legal mechanism. Instead of creating a direct “transfer on death” right, a Lady Bird Deed creates an enhanced life estate: you retain a life estate (right to use and control the property for life) plus the enhanced right to sell, mortgage, or revoke the deed entirely without the beneficiary’s involvement.

When you die, the contingent remainder interest in your beneficiary automatically becomes possessory — the property passes to them by operation of law, without probate.

Key takeaway: A Lady Bird Deed is Florida’s legally recognized substitute for a Transfer on Death Deed. It achieves the same core result — probate-free transfer to a named beneficiary — with the same owner control during life. In some respects (particularly Medicaid planning), the Lady Bird Deed is actually more advantageous.

Lady Bird Deed vs. TODD: Feature Comparison

Feature	Lady Bird Deed (Florida)	Transfer on Death Deed
Valid in Florida	✔ Yes — fully enforceable	✘ Not recognized in Florida
Avoids probate	✔ Yes	✔ Yes (in states where valid)
Owner retains full control during life	✔ Yes — can sell, mortgage, revoke	✔ Yes — same
Beneficiary has rights during owner’s life	✔ No — contingent only	✔ No — contingent only
Can change beneficiary	✔ Yes — record new deed	✔ Yes (where valid)
Medicaid lookback protection	✔ Yes — not a countable transfer	Varies by state
Capital gains step-up at death	✔ Yes	✔ Yes
Works for Florida real estate	✔ Yes	✘ Not legally effective in FL
Recording required	✔ Yes — must be recorded	✔ Yes (in states that allow it)
Cost range	✔ $225–$400 professionally prepared	N/A for Florida

Why Did Florida Choose Lady Bird Deeds Over TODDs?

Florida has long recognized enhanced life estate deeds through common law and strong judicial precedent — predating the TODD movement by decades. The result is that Florida homeowners have access to a well-tested, legally robust mechanism for non-probate property transfer without needing the TODD statute.

Some legal scholars argue the Lady Bird Deed actually provides stronger owner protections than a standard TODD because Florida courts have extensively interpreted the enhanced life estate concept. The deed’s Medicaid treatment is also clearer under Florida’s Medicaid rules than TODDs are in many of the states that have adopted the TODD statute.

What If You Have Property in a TODD State AND Florida?

If you own real estate in multiple states — say, a Florida home and a rental property in Arizona — you’d need to use the appropriate instrument for each state:

Florida property: Lady Bird Deed
Arizona property: Transfer on Death Deed (Arizona recognizes TODDs)
Alternative: A revocable living trust can cover both states with one document

Frequently Asked Questions

I found a TODD form online — can I use it for my Florida property?

No. Even if you fill out and record a TODD form, it will not be legally effective to transfer your Florida property at death because Florida law does not recognize Transfer on Death Deeds for real estate. You would need a properly drafted Lady Bird Deed (Enhanced Life Estate Deed) instead.

Does a Lady Bird Deed work exactly like a TODD?

Functionally, yes — both keep the property out of probate, allow you to change beneficiaries, and give you full control during your lifetime. The underlying legal mechanism is different (life estate vs. direct TOD designation), but the practical result for most Florida homeowners is identical or better.

Is the Lady Bird Deed recognized in all 67 Florida counties?

Yes. Lady Bird Deeds are valid and enforceable throughout Florida — from Escambia County in the Panhandle to Miami-Dade in the south. All county clerk offices will record them.

How quickly can I get a Lady Bird Deed prepared?

Noble Notary typically prepares Lady Bird Deeds within 1–2 business days. Once prepared, you sign with two witnesses and a notary, then record it with your county clerk. The whole process can often be completed within a week.

Is Florida likely to adopt TODD legislation in the future?

Possibly — several states have adopted the Uniform Act in recent years. But as of now, Florida has not passed TODD legislation, and the Lady Bird Deed remains the primary non-probate transfer mechanism for Florida real estate. If Florida were to adopt TODDs, Lady Bird Deeds would still remain valid.

Florida’s TODD Alternative — Prepared Right

Noble Notary prepares Lady Bird Deeds for Florida homeowners statewide. Fast turnaround, flat-fee pricing, mobile notary available.

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