Deed Guides
Transfer on Death and Florida Real Estate
Direct answer
Florida does not have a transfer-on-death deed for real estate. The state has not adopted the Uniform Real Property Transfer on Death Act, and no Florida statute lets you record a beneficiary deed that waits until death. A pay-on-death label on a bank account does not transfer the house. To name who takes Florida land later, owners use a recorded enhanced life estate deed — a Lady Bird deed — or a deed into a trust. A will does not change Official Records until a probate deed is recorded. Time to Close Title prepares the deed. The client records it. We do not write the estate plan. Homestead still often requires a spouse to join.
Key takeaways
- Florida has no transfer-on-death deed and no beneficiary deed for real property.
- A Lady Bird deed is an enhanced life estate. You keep the power to sell or revoke. The remainderman takes title at death if you still hold the life estate.
- A trust moves the house only after a deed to the trustee is recorded. The trust papers alone do not.
- A will does not update the deed book. Probate still needs a deed from the personal representative.
- Time to Close Title prepares the deed. The client records it. Tell us if the house is homestead.
Does Florida allow a transfer-on-death deed?
No. About twenty other states use a statutory transfer-on-death deed. Florida is not one of them. Recording an out-of-state TOD form in a Florida clerk’s office does not create a beneficiary interest the next title search will rely on.
People also mix this up with a pay-on-death bank account. That designation can pass money in an account. It does not convey the land. Title examiners read what was recorded after the last deed.
| Ask | What it does in Florida | What has to be recorded |
|---|---|---|
| Transfer-on-death deed | No statute authorizes one for real estate | An out-of-state form is not a substitute |
| Lady Bird / enhanced life estate | You keep control now. Remainderman takes title at your death if you still hold the life estate | The enhanced life estate deed, recorded now |
| Revocable trust | The trustee holds title after the deed. The trust document stays private | A deed from you to the trustee |
| Will | Names who should inherit. It does not change Official Records by itself | A later deed from the personal representative, after probate |
What do Florida owners use instead?
A Lady Bird deed is an enhanced life estate deed. You reserve the power to sell, mortgage, or revoke without the remainderman joining. If you die still holding that life estate, the remainderman takes title without a probate deed. If the reserved powers are missing, it is an ordinary life estate, and the remainderman usually has to join a later sale.
A deed into a trust is the other path. The trust agreement does not rewrite the deed book. A new deed has to name the trustee. That is usually a quitclaim deed. We prepare the deed. We do not draft the trust.
No TOD deed
Florida never adopted a real-estate transfer-on-death statute.
Record it now
A Lady Bird deed or a deed to the trustee has to be in Official Records.
You record
We prepare the deed. The client records it.
Why does homestead still matter?
If the house is your permanent residence and you are married, homestead joinder usually means your spouse signs even when only one name is on the last deed. A transfer-on-death label would not skip that. Neither does a Lady Bird deed or a deed into a trust.
Whether the house should go to a spouse, a child, or a trust — and what that does for taxes or a later Medicaid question — is for the estate-planning attorney. We prepare the instrument they ask for. We do not choose it.
How does Time to Close Title handle this?
Bring the last recorded deed, the legal description, and the names of the remainderman or the trustee. Street address is not enough. Hernando County Official Records are with the clerk in Brooksville. See our Hernando County page.
Florida documentary stamp tax can still be due. A Lady Bird deed or a deed into a trust is not automatically stamp-free, especially if a mortgage remains. We do not invent those amounts. Ask for a written estimate before you sign.
Say which tool you were told to use
Lady Bird deed or a deed to a trustee. We will not recast an out-of-state TOD form as a Florida deed.
We prepare the Florida deed
Legal description, homestead joinder if required, and either reserved life-estate powers or the trustee as grantee.
Sign, witness, and notarize
The grantor signs before two witnesses and a notary. A spouse often joins if the property is homestead.
You record it
The client records the deed with the clerk of the county where the land sits and pays any documentary stamp tax and the clerk’s fee.
Can Time to Close Title prepare the deed?
Yes. We prepare Florida Lady Bird deeds and quitclaim deeds into a trust, and we can arrange witnessing and notarization. The client records the deed. Call (352) 792-1214 or contact us from 3087 Anderson Snow Road in Spring Hill. See quitclaim deed services when the transfer is a deed to a trustee.
Frequently asked questions
Does Florida have a transfer-on-death deed for a house?
No. Florida has not adopted a transfer-on-death deed statute for real property. A form from another state does not fill that gap.
Is a Lady Bird deed the same as a TOD deed?
No. A Lady Bird deed is an enhanced life estate. You keep the power to sell or revoke. The remainderman takes title at death only if that life estate is still in place.
Can I use a pay-on-death account to leave the house?
No. A pay-on-death designation can pass money in an account. It does not convey Florida real estate.
Does a will avoid probate on a Florida house?
No. A will does not change Official Records. After probate, a personal representative still has to deed the property.
Who records the deed?
The client records it with the clerk of the county where the land sits. Time to Close Title prepares the deed. Hernando County Official Records are in Brooksville.