When people start thinking about estate planning, probate is typically one of their biggest concerns. Probate is the legal process of transferring a person’s assets after death. In Florida, the process can be time-consuming, stressful, and expensive. Fortunately, there’s an effective way to pass your home to loved ones without needing to go through it: The enhanced life estate deed in Florida, also known as a Lady Bird Deed.
The Lady Bird Deed is a unique tool that gives Florida homeowners flexibility with their real estate during their lifetime while helping ensure a smooth property transfer after death. Although this strategy can make estate planning easier, laws surrounding estates and deeds can be complex. Having an experienced attorney can help you make sense of it all. At Beller Law PL, we have over 25 years of experience helping Florida families protect their loved ones and their legacies.
The Probate Process in Florida
Before understanding how an enhanced life estate deed works, it helps to know what probate involves. When someone passes away (the decedent), their loved ones cannot receive property from the estate until their will goes through probate or their assets are divided under Florida’s intestate succession laws.
Florida probate generally includes the following steps:
- Filing a petition. After an interested person files a petition, the court opens a probate case and appoints a personal representative (executor).
- Determining beneficiaries. If there is no will, interested people can petition the court to determine who should inherit the decedent’s property.
- Notifying creditors and heirs. The representative must notify beneficiaries about probate and publish notice to creditors.
- Collecting and managing assets. All assets subject to probate are inventoried, appraised, and managed.
- Paying debts and taxes. The estate’s debts, taxes, and expenses must be satisfied from estate assets before distributions.
- Distributing remaining assets. Once the court approves, the heirs and beneficiaries receive the remaining assets.
This process can take months or even more than a year. Interested parties can tie up proceedings with objections to the process or any will submitted to the court. Because of possible delays, many Floridians look for estate planning tools that allow their property to transfer automatically at death without probate.
What Is a Life Estate Deed in Florida?
A life estate deed in Florida is a legal document allowing a property owner (the “life tenant”) to transfer ownership of their property to another person (the “remainderman”) while keeping the right to live in and use the property until their death. After the life tenant dies, property ownership automatically transfers to the remainderman—no probate is needed.
However, a standard life estate deed has a major limitation: Once you sign it, you can’t change your mind without the remainderman’s consent. You lose the ability to sell, transfer, or mortgage the property on your own. This can cause problems if your financial situation changes or you want to sell your home later. An enhanced life estate deed can remove this obstacle from your estate plan.
How an Enhanced Life Estate Deed in Florida Works
An enhanced life estate deed fixes the restrictions of a traditional life estate. With an enhanced life estate deed:
- You keep complete control of your property during your lifetime;
- You can sell, lease, mortgage, and revoke the deed at any time without permission from the beneficiaries or remaindermen; and
- When you die, ownership transfers to the named beneficiaries or remaindermen, bypassing probate.
The “enhanced” part means the life tenant keeps extra powers, namely, the unrestricted right to sell or change the deed. This flexibility makes Lady Bird Deeds a popular choice for those who want the benefits of avoiding probate but don’t want to give up control of their property.
When Does an Enhanced Life Estate Deed Make Sense?
An enhanced life estate deed can be an excellent option if:
- Your primary goal is to keep your home out of probate,
- You want to retain full control over your property,
- You plan to leave your home to specific beneficiaries; or
- Your estate is relatively simple.
However, this type of deed may not be right for everyone. We can help you consider your options and make the best decision.
FAQs About Enhanced Life Estate Deeds in Florida
What are the benefits of an enhanced life estate deed in Florida?
An enhanced life estate deed in Florida, also called a Lady Bird Deed, lets homeowners keep full control of their property during their lifetime while avoiding probate after death. You can sell, mortgage, or change the deed without your beneficiaries’ consent. When you pass away, ownership transfers automatically, saving time and costs for your heirs.
What’s the difference between a life estate and an enhanced life estate?
A standard life estate deed transfers property automatically after death but restricts the owner’s control while alive. An enhanced life estate, or Lady Bird Deed, gives the same probate-avoidance benefit but allows the owner to sell, refinance, or revoke the deed at any time. The “enhanced” version keeps flexibility without sacrificing inheritance planning.
Does an enhanced life estate deed avoid probate in Florida?
Yes. An enhanced life estate deed—also known as a Lady Bird Deed—lets Florida homeowners transfer property automatically to beneficiaries at death without probate. Because the deed includes a remainder interest, ownership passes outside of court, saving your family time and legal fees while keeping your property plans private.
What are the disadvantages of a life estate deed?
A traditional life estate deed limits flexibility. Once you create it, you cannot sell, mortgage, or change ownership without your remainderman’s consent. It may also cause tax or Medicaid complications. In Florida, an enhanced life estate deed (Lady Bird Deed) fixes these issues by allowing the owner to retain full control of the property during their lifetime.
Who owns the property in a life estate in Florida?
In a Florida life estate, ownership is split between the life tenant and the remainderman. The life tenant owns and controls the property while alive, including paying taxes and maintenance. After the life tenant’s death, ownership automatically passes to the remainderman, who becomes the full legal owner without going through probate.
Get Your Estate Plan Right the First Time with Beller Law
Enhanced life estate deeds involve detailed legal requirements and can affect your broader estate plan. At Beller Law, PL, our award-winning legal team can assess whether a Lady Bird Deed makes sense for your situation and aligns with your overall estate plan.
If you’re considering using an enhanced life estate deed in Florida to simplify your estate planning, Beller Law, PL can help ensure your documents are properly drafted and aligned with your long-term goals. Contact us online or call us today to schedule an appointment.
Resources:
- Effect of probate, Fla. Stat. § 733.103 (2025), link.
- Petition, Fla. Stat. § 733.202. (2025), link.
- Determination of beneficiaries, Fla. Stat. § 733.105 (2025), link.
- Notice of administration; filing of objections, Fla. Stat. § 733.212 (2025), link.
- Notice to creditors; filing of claims, Fla. Stat. § 733.2121 (2025), link.
- Inventories and accountings; public records exemptions, Fla. Stat. § 733.604 (2025), link.
- Jeffrey A. Baskies, Florida Bar Journal, The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford (June 2007), link.
- Bruce E. Hoffman, Florida Bar Journal, ‘Lady Bird’ Deeds (November 2018), link.