How to Avoid Probate in Florida with an Enhanced Life Estate Deed
Why Florida Homeowners Want to Avoid Probate
Florida probate can take months—or longer—depending on the estate. During that time, loved ones may face:
- Court delays and filing fees
- Attorney and personal representative costs
- Public disclosure of estate details
- Stress during an already difficult time
Because of this, many homeowners look for ways to transfer real estate outside of probate.
What Is an Enhanced Life Estate (Lady Bird) Deed?
An Enhanced Life Estate Deed, commonly called a Lady Bird Deed, allows you to name beneficiaries who will automatically receive your property upon your death—without probate—while you retain full ownership and control during your lifetime.
How a Lady Bird Deed Avoids Probate
Unlike a will, which must go through probate, a Lady Bird Deed transfers ownership immediately upon death by operation of law. This means:
- The property does not become part of the probate estate
- No court approval is required to transfer ownership
- Beneficiaries receive the property faster and more privately
Maintaining Control During Your Lifetime
One of the most attractive features of a Lady Bird Deed is flexibility. In most cases, you can:
- Sell or refinance the property
- Change beneficiaries
- Revoke the deed entirely
- Continue claiming Florida homestead benefits
This level of control distinguishes a Lady Bird Deed from a traditional Life Estate Deed, which often requires beneficiary consent for major changes.
Who Should Consider a Lady Bird Deed?
A Lady Bird Deed may be a good option if you:
- Own a home in Florida
- Want to avoid probate for that property
- Want to retain flexibility during your lifetime
- Plan to leave the property to children or other loved ones
Important: Lady Bird Deeds must be drafted correctly to be effective. Errors in language, execution, or recording can undermine probate avoidance and create title issues.
Lady Bird Deed vs. Other Probate Avoidance Tools
There are several ways to avoid probate in Florida, including trusts, joint ownership, and beneficiary designations. A Lady Bird Deed is often preferred because it is:
- Less expensive than creating and funding a trust
- Simpler than joint ownership arrangements
- Flexible and revocable during life
An experienced attorney can help determine whether a Lady Bird Deed should be used alone or combined with other estate planning tools.
Work With a Florida Estate Planning Attorney
The attorneys at St. Johns Law Group help homeowners throughout St. Johns County prepare Enhanced Life Estate (Lady Bird) Deeds that align with their broader estate plans.
Related Resources
This article is for informational purposes only and does not constitute legal advice.