Deed Guides
What Is a Florida Life Estate, and How Is It Different from a Lady Bird Deed?
Direct answer
A Florida life estate is the right to possess the house for a person's life. On a regular life estate deed, the current owner keeps that life estate and transfers the remainder now. The remainderman already owns that future interest, so a later sale or mortgage of the whole generally needs the remainderman to sign. A Lady Bird deed is an enhanced life estate. The owner keeps the life estate and the power to sell, mortgage, or revoke without the remainderman joining, if the deed reserves that power. If that owner dies still holding the life estate, the named remainderman takes title without a probate deed. Time to Close Title prepares the deed the owner confirms. We do not choose a life estate, a Lady Bird deed, or a trust, and we do not write the estate plan. On a deed we only prepare, the client records it. The life estate a surviving spouse can receive under Florida Statutes section 732.401 is not this deed. The mortgage stays until the lender records a release.
Key takeaways
- A regular life estate transfers the remainder now. The remainderman generally must join a later sale or mortgage of the whole.
- A Lady Bird deed is an enhanced life estate. The owner keeps the power to sell or mortgage without the remainderman, if the deed reserves that power.
- Florida has no transfer-on-death deed for a house. A life estate deed is not that instrument.
- The life estate in section 732.401 comes from the statute after a death. It is not a deed the owner signed during life.
- The deed does not remove the mortgage or add the remainderman to the note. Ask the lender before you sign.
- We prepare the form the owner confirms. The client records a deed we only prepare.
What is a Florida life estate, and how is it different from a Lady Bird deed?
A life estate is the right to possess the house for a life. On a regular life estate deed, the current owner keeps that right and transfers the remainder now. The remainderman owns that future interest from the recording of the deed. You do not write the remainder onto the old deed. The clerk does not edit Official Records.
A Lady Bird deed is the enhanced form. The owner keeps the life estate and reserves the power to sell, mortgage, or revoke without the remainderman joining. Read Lady Bird deeds in Florida. This page does not retell that instrument. Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds. A deed into a trust is also different. Read putting a Florida home into a trust.
Time to Close Title prepares the deed the owner confirms. We do not choose a regular life estate, a Lady Bird deed, or a trust. Whether one of them fits taxes, Medicaid, or a blended family is a question for the owner's own lawyer. We do not write that plan.
| Regular life estate | Lady Bird / enhanced life estate | |
|---|---|---|
| Who owns the remainder now | The remainderman. The deed transfers it. | The deed names the remainderman. The interest stays subject to the owner's reserved power to sell, mortgage, or revoke. |
| A later sale of the whole | The remainderman generally must join. The life tenant alone can convey the life estate, not the fee. | The life tenant can sell without the remainderman, if the deed reserves that power. |
| When the life tenant dies | The life estate ends. The remainder was already transferred. A death certificate shows that ending. It is not a new deed from the estate. | The named remainderman takes if the owner dies still holding the life estate. A sale or revocation during life can cut that off. |
| What we prepare | The deed the owner confirms. We do not choose the form. | The enhanced life estate, when that is the deed the owner confirms. See the Lady Bird article. |
What does the life tenant keep, and what does the remainderman already own?
On a regular life estate, the life tenant keeps possession for life. The remainderman already owns the remainder. A later sale or mortgage of the whole generally needs both. A deed signed only by the life tenant conveys the life estate. It does not convey the remainder. On a sale we close, the deed has to match the interest the title search shows. Read what a Florida title search finds.
If the remainderman dies before the life tenant, that remainder can be an estate matter. We do not open the probate, and we do not decide who inherits it. Read buying a Florida home from an estate. When the life tenant dies, the life estate ends. The remainderman does not need a new deed from the estate for a remainder the recorded deed already gave. Section 28.222(3)(g) lets the clerk record a certified death certificate. A Florida certificate has to exclude the cause-of-death information that section 382.008 makes confidential. The Spring Hill office is not the clerk. Read what gets recorded after a Florida closing.
On a Lady Bird deed, the remainder is subject to the reserved power. If the owner dies still holding the life estate, the named remainderman takes without a probate deed. If the owner already sold or revoked under that power, the remainder does not take the house. That difference is why the two deeds are not interchangeable.
Remainder now
A regular life estate transfers it. A later sale of the whole generally needs the remainderman.
Reserved power
A Lady Bird deed keeps the power to sell or mortgage without the remainderman, if the deed says so.
Not § 732.401
The surviving spouse's statutory life estate is not a deed the owner signed during life.
What has to be confirmed before anyone signs?
Section 732.401(1) can give a surviving spouse a life estate when homestead was in the deceased spouse's name and a descendant also survived, unless a devise was allowed. That life estate comes from the statute. It is not a deed the owner signed during life. We do not prepare it from this article. Read how to remove a deceased spouse from a Florida deed.
If the house is homestead, the spouse generally must join the deed even when the spouse is not the life tenant or the remainderman. Read why a Florida homestead spouse must sign. We do not decide whether the homestead exemption still applies after the deed. Read the Florida homestead exemption after closing.
The deed does not add the remainderman to the mortgage or the note, and it does not remove the lien. The mortgage stays of record until the lender records a release. Read clearing a judgment, tax lien, or mortgage. The note may give the lender a due-on-sale right when an interest in the house is transferred. 12 U.S.C. § 1701j-3 lists exemptions for a loan secured by residential real property containing less than five dwelling units. One listed transfer is a transfer where the spouse or children of the borrower become an owner of the property. That list exists. We do not decide whether this deed fits it. Ask the lender before you sign.
Documentary stamp tax is its own article. Read how Florida documentary stamp tax works on a deed. Consideration can include a mortgage balance. We do not decide on this page whether this deed is exempt. We quote the stamp tax on the file. We do not calculate gift tax. An existing owner's title policy names the insured. The remainderman is not automatically that insured.
How do you get the deed prepared and recorded?
Bring the last recorded deed so the legal description matches. A street address is not the legal description. Tell us the life tenant, the remainderman, and whether the deed is a regular life estate or a Lady Bird deed. The grantor signs before two witnesses and a notary. See quitclaim deeds when the file is a deed we only prepare.
On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. Confirm any wire by calling (352) 792-1214. Do not use an account number that arrived only by email.
The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. See the Hernando County page and Pasco and Citrus closings from Spring Hill. The Spring Hill office is not the clerk. Contact the office.
Confirm which deed you want
A regular life estate transfers the remainder now. The remainderman generally must join a later sale of the whole. A Lady Bird deed keeps the power to sell, mortgage, or revoke without the remainderman, if the deed reserves that power. Tell us the life tenant and the remainderman. We prepare the deed the owner confirms. We do not choose the form, and we do not write the estate plan.
Say whether the house is homestead
If the house is homestead, the spouse generally must join the deed. The life estate in section 732.401 is a different interest. It comes from the statute after a death. We do not prepare that from this article, and we do not decide whether the homestead exemption still applies.
Ask the lender before you sign
The deed does not add the remainderman to the mortgage or the note, and it does not remove the lien. 12 U.S.C. section 1701j-3 lists a transfer where the spouse or children of the borrower become an owner of the property. That list is for a loan secured by residential real property containing less than five dwelling units. We do not decide whether this deed fits it. Ask the lender before you sign.
Sign before two witnesses and a notary
The grantor signs the deed before two witnesses and a notary. If the house is homestead, the spouse generally joins. The legal description comes from the last recorded deed. A street address is not the legal description.
The client records a deed we only prepare
On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. We quote the stamp tax on the file. We do not calculate gift tax. On a sale we close, we submit the deed after good funds. Confirm any wire by calling (352) 792-1214. Hernando Official Records are in Brooksville. The Spring Hill office is not the clerk.
Frequently asked questions
Is a Florida life estate the same as a Lady Bird deed?
No. A regular life estate transfers the remainder now, so the remainderman generally must join a later sale of the whole. A Lady Bird deed is an enhanced life estate. The owner keeps the power to sell, mortgage, or revoke without the remainderman, if the deed reserves that power. Read Lady Bird deeds in Florida. We prepare the deed the owner confirms. We do not choose the form.
Can the life tenant sell a Florida house without the remainderman?
On a regular life estate, a sale or mortgage of the whole generally needs the remainderman. The life tenant alone can convey the life estate, not the fee. On a Lady Bird deed, the life tenant can sell without the remainderman if the deed reserves that power. On a sale we close, the deed has to match the interest the title search shows.
Does a Florida life estate deed avoid probate?
On a regular life estate, the remainder was already transferred. When the life tenant dies, that life estate ends. The remainderman does not need a new deed from the estate for a remainder the recorded deed already gave. A certified death certificate shows that ending. Section 28.222(3)(g) lets the clerk record a Florida certificate that excludes the cause-of-death information section 382.008 makes confidential. If the remainderman dies first, that remainder can be an estate matter. We do not open the probate. On a Lady Bird deed, the named remainderman takes if the owner dies still holding the life estate.
Is the life estate in Florida Statutes section 732.401 this deed?
No. Section 732.401(1) can give a surviving spouse a life estate when homestead was in the deceased spouse's name and a descendant also survived, unless a devise was allowed. That interest comes from the statute. It is not a deed the owner signed during life. We do not prepare it from this article. Read how to remove a deceased spouse from a Florida deed.
Does a Florida life estate deed take anyone off the mortgage?
No. The deed does not add the remainderman to the mortgage or the note, and it does not remove the lien. The mortgage stays until the lender records a release. Read clearing a judgment, tax lien, or mortgage. 12 U.S.C. § 1701j-3 lists a transfer where the spouse or children of the borrower become an owner. That exemption exists for a loan on residential real property containing less than five dwelling units. We do not decide whether this deed fits it. Ask the lender before you sign.
Does a spouse have to sign a Florida life estate deed?
If the house is homestead, the spouse generally must join the deed even when the spouse is not the life tenant or the remainderman. Read why a Florida homestead spouse must sign. We do not decide whether the homestead exemption still applies. Read the Florida homestead exemption after closing.
Who records the deed, and does Time to Close Title choose the form?
We do not choose a life estate, a Lady Bird deed, or a trust. On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. Confirm a wire by calling (352) 792-1214. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. The Spring Hill office is not the clerk. Contact the office.