Lady Bird Deed in Broward County, Florida
A lady bird deed in Broward County lets you keep full control of your home for life—including the right to sell, lease, or mortgage it without anyone’s permission—and pass it directly to designated beneficiaries at death without probate. In Broward County the deed is currently recorded with the Broward County Records, Taxes and Treasury Division at 115 S. Andrews Avenue in Fort Lauderdale rather than at the Clerk of Courts — an arrangement a 2020 special act is in the middle of unwinding, which is why the filing office is worth confirming before you record. Also known as an enhanced life estate deed or a ladybird deed, this legal instrument preserves your lifetime autonomy while establishing a direct transfer of real estate upon death.
This guide covers where to record a Broward County lady bird deed, what a lady bird deed costs in Florida, documentary stamp tax guidelines, homestead exemption rules, Save Our Homes assessment caps, and the specific constitutional restrictions where a deed fails outright.
What Is a Lady Bird Deed in Broward County, Florida?
A lady bird deed in Broward County is a legal instrument granting the owner a life estate coupled with retained powers to sell, convey, mortgage, or revoke the property without beneficiary consent. Upon the owner’s death, full title transfers automatically to named remainder beneficiaries outside the Florida probate court system.
An enhanced life estate deed allows a property owner to avoid formal probate administration while retaining complete lifetime ownership. If you own property in Broward County, executing a lady bird deed in Florida (also spelled ladybird deed) ensures that your real estate passes to your chosen heirs immediately upon your death without court intervention, statutory delays, or probate administration expenses.
What powers do you keep with a Broward County lady bird deed?
With a Broward County lady bird deed, you retain four absolute powers: the power to sell, mortgage, lease, and revoke or change beneficiaries at any time without the consent or joinder of the remainder beneficiaries. You maintain complete fee simple management authority throughout your lifetime.
You can sell your home in Coral Springs next year and nobody has to sign the deed but you. You can refinance your mortgage, lease the property to tenants, or record a new deed naming different beneficiaries whenever you choose. Under Florida Bar RPPTL Uniform Title Standard 6.10 for non-homestead property and Uniform Title Standard 6.11 for homestead property, the holder of a life estate coupled with the power to sell, convey, and mortgage can encumber or convey the fee simple title during life without joinder of the remaindermen.
Is a lady bird deed the same as an enhanced life estate deed?
Yes. An enhanced life estate deed is the formal legal title used by Florida attorneys, courts, and title underwriters, while lady bird deed and ladybird deed are informal common terms. Both phrases describe the exact same legal instrument under Florida practice.
What is the difference between a lady bird deed and a life estate deed in Florida?
A standard life estate deed transfers a vested remainder interest today, preventing the life tenant from selling or mortgaging the property without the remainderman’s consent. In contrast, a lady bird deed retains full lifetime revocation powers, transfers no present interest, avoids immediate gift taxes, and permits unilateral sale or refinancing.
| Feature | Lady Bird Deed | Plain Life Estate Deed | Florida Quit Claim Deed to Child |
|---|---|---|---|
| Can you sell without consent? | Yes | No | No (you no longer own it) |
| Can you revoke or change it? | Yes | No | No |
| Completed gift for federal gift tax? | No | Yes (remainder interest) | Yes (entire property) |
| Stepped-up basis for beneficiary? | Yes (full FMV step-up) | Partial / life estate portion | No (carryover basis) |
| Exposed to child’s creditors today? | No | Yes (as to remainder) | Yes |
| Avoids Florida probate on the home? | Yes | Yes | N/A (already transferred) |
| Homestead exemption preserved during life? | Yes | Yes | Depends on residency |
Does Florida have a transfer-on-death deed?
No, Florida does not have a statutory transfer-on-death (TOD) or beneficiary deed for real property. Florida Statutes Chapter 689 does not authorize TOD deeds for real estate, making the common-law enhanced life estate deed Florida’s primary tool for non-probate real estate transfers.
There is also no specific Florida statute establishing the lady bird deed. The instrument derives its legal validity from common-law real property principles, title insurance underwriting guidelines, and the Florida Bar RPPTL Uniform Title Standards rather than an explicit legislative enactment.
Where Do You Record a Lady Bird Deed in Broward County?
You record a lady bird deed in Broward County with the Broward County Records, Taxes and Treasury Division located at 115 S. Andrews Avenue, Room 114, inside the Broward County Governmental Center in Fort Lauderdale. Broward is one of the few Florida counties that does not take deeds in at the Clerk of the Circuit Court, and that arrangement is in the middle of a statutory transition described further down this page.
Is the Broward County Clerk of Courts the recorder of deeds?
Not at present. The Broward County Clerk of Courts manages court cases, traffic matters, and probate files at 201 S.E. 6th Street, and describes itself as the record-keeper for the court system. Real property deeds are taken in and maintained by the Broward County Records, Taxes and Treasury Division at 115 S. Andrews Avenue, which publishes itself as “the statutory repository for the Official Records of the County.” A 2020 special act directs that function to the Clerk — see Broward’s recorder is in transition below.
Deeds are filed with the county administrative division on Andrews Avenue, not at the judicial complex.
Who is the Broward County recorder of deeds?
Broward County has no officer titled recorder of deeds or register of deeds. Those titles come from other states. In Broward County the recording function is currently performed by the Records, Taxes and Treasury Division, a division of county government, at 115 S. Andrews Avenue, Room 114, Fort Lauderdale.
Deed records for the entire county—including Fort Lauderdale, Hollywood, Pembroke Pines and every other municipality—are maintained in a single Official Records series searchable through the county’s Official Records portal. There is no separate Fort Lauderdale registry of deeds and no municipal deed registry anywhere in Broward County.
Broward County Records, Taxes and Treasury: where to send your deed
| Office Entity | Official Details |
|---|---|
| Recording Division | Broward County Records, Taxes and Treasury Division (RTT) |
| Physical Address | 115 S. Andrews Ave., Room 114, Broward County Governmental Center, Fort Lauderdale, FL 33301 |
| Official Records Portal | officialrecords.broward.org/AcclaimWeb |
| Clerk of Courts (Probate Contrast) | 201 S.E. 6th St., West Building, 3rd Floor, Room 03150, Fort Lauderdale, FL 33301 |
Deeds related to Broward County properties must be officially recorded before they provide constructive notice to third parties. Today that filing is made with the Broward County Records, Taxes and Treasury Division.
Broward’s recorder is in transition — confirm the filing office before you record
Broward County’s recording arrangement is unusual, and it is unsettled. Here is the sequence, with the primary sources:
- Broward became a charter county in 1975 and moved the comptroller’s functions — including the county recorder function — into county government. The Fourth District acknowledged the arrangement in Baron v. Rhett, 847 So. 2d 1032 (Fla. 4th DCA 2003). The Legislature acknowledged it too, in Fla. Stat. § 28.24(13), which designates the county office as custodian of official records “in a county where the duty of maintaining official records exists in a county office other than the clerk of court or comptroller.”
- Amendment 10, approved statewide in November 2018, removed the home rule route and required these functions to return to the elected clerk of the circuit court by January 7, 2025.
- Chapter 2020-194, Laws of Florida — a special act approved by Broward voters at the November 2020 referendum — kept the ex officio clerk, auditor, and custodian-of-funds duties with the County Administrator, but did not keep the recorder function. Section 2(2) provides that “the duties of recorder shall be transferred by Broward County to the clerk of the circuit court effective January 7, 2025, or an earlier date agreed to by Broward County and the clerk,” with an interlocal agreement to handle documents, equipment, personnel, and funding.
- As of the date of this page, Broward County’s Records, Taxes and Treasury Division continues to accept deeds and continues to publish itself as the repository for the county’s Official Records. The Clerk of Courts lists no official records or recording division.
Why it matters to you: under Fla. Stat. § 695.11, an instrument is officially recorded — and becomes notice to all persons — when it is filed in the office of the clerk of the circuit court and given consecutive official register numbers, and under Fla. Stat. § 695.01 an unrecorded conveyance is not effective against creditors or subsequent purchasers for value without notice. A gap between what a special act directs and which office actually takes the filing is exactly the kind of thing that surfaces years later, at a closing.
We are not telling you the recording you did was defective, and we are not aware of any Florida decision addressing this situation. What we do is practical: before we record a Broward lady bird deed we confirm which office is accepting deeds that week, we keep the filing confirmation and official records book and page, and where a client’s file warrants it we discuss re-recording as a belt-and-suspenders step. If you recorded a Broward deed yourself after January 7, 2025, bring us the recording confirmation and we will look at it.
Which Broward County office handles deeds, probate and homestead?
| What You Need to Accomplish | Broward County Office | Office Address |
|---|---|---|
| Record a Deed or Transfer Title | Records, Taxes & Treasury Division | 115 S. Andrews Ave., Rm. 114 |
| Open a Formal Probate Case | Clerk of Courts (Probate Division) | 201 S.E. 6th St., Rm. 03150 |
| Homestead Exemption & Folio Info | Broward County Property Appraiser | 115 S. Andrews Ave., Rm. 111 · 954-357-6830 |
The recording office and the Broward County Property Appraiser operate inside the same governmental building just two rooms apart. You can confirm your folio details and record your deed in a single visit.
How much does it cost to record a lady bird deed in Broward County?
Recording a lady bird deed in Broward County costs $10.00 for the first page, $8.50 for each additional page, and $1.00 for each name indexed beyond four. A standard two-page deed costs $18.50 in total statutory recording fees payable under Florida Statute § 28.24(13).
| Statutory Fee Component | Total Payable (Fla. Stat. § 28.24(13)) |
|---|---|
| First Page Recording | $10.00 |
| Each Additional Page | $8.50 |
| Indexing Fee (per name over four) | $1.00 |
| Typical Two-Page Deed Filing | $18.50 |
The $18.50 figure is the government’s own charge for entering the instrument into the official records. When this firm prepares the deed, that charge is included in the flat fee rather than billed separately. Note that the four-name threshold applies to all grantors and grantees combined (e.g., two grantors and three beneficiaries equals five names, adding an extra $1.00 indexing fee).
How much does a lady bird deed cost in Broward County?
A Broward County lady bird deed starts at $675, and that figure includes all recording costs. Documentary stamp tax is the one thing quoted separately, because it depends on whether there is a mortgage on the property — see the section above. That starting figure covers the straightforward case: one Broward property, a legal description that matches the current vesting deed, and adult beneficiaries who are named and living.
The $675 covers the work that makes the deed hold up—reviewing your current vesting deed, confirming the legal description and folio number, analyzing homestead and marital status, drafting the enhanced life estate reservation and the remainder designation, supervising execution before two subscribing witnesses and a notary, and recording the deed with Broward County Records, Taxes and Treasury—together with the county’s recording charges, which are $18.50 for a typical two-page deed under Fla. Stat. § 28.24(13).
Fees go up from there when the file has more in it: a mortgage on the property, a spouse whose joinder has to be documented, multiple properties, beneficiaries across more than one family branch, a defective or missing legal description that has to be reconstructed, or a title problem that surfaces on review. We quote those before any work begins.
So there is one number to plan around for the deed itself, and one variable alongside it: the flat fee, which absorbs the statutory recording charge, and the documentary stamp tax, which follows your mortgage balance rather than our work. What drives the cost of a lady bird deed in Florida is not page count—it is whether the property is homestead, whether the owner is married, how many remainder beneficiaries there are, whether contingent beneficiaries are needed, and whether the existing legal description will survive title examination.
Fee current as of August 2026. This is a starting fee, not a quote for your matter.
What must a Broward County lady bird deed contain to be recorded?
A recordable Florida lady bird deed must contain the preparer’s name and post-office address, printed names beneath all signatures, a correct legal description with property folio number, and blank recording space reserved at the top right of the first page pursuant to Florida Statute § 695.26.
To satisfy statutory recording requirements under Fla. Stat. § 695.26:
- The name and post-office address of the natural person who prepared the instrument must be legibly stated on the face of the deed.
- The full name of each signer, witness, and notary must be legibly printed, typed, or stamped directly beneath their signature.
- A blank space of 3″ × 3″ must be left at the top right corner of the first page, and a 1″ × 3″ space on subsequent pages, reserved for the county recording stamp.
- The Broward County parcel identification number (folio number) should be identified. You can verify this number through the Broward County Property Appraiser (bcpa.net).
Is there a Broward County lady bird deed form?
There is no official Broward County lady bird deed form and no State of Florida lady bird deed form. Neither the county nor the state publishes a template. Every Florida lady bird deed is drafted for the specific property, because the granting language that reserves the power to sell, mortgage, lease and revoke is what makes the instrument work.
The same is true of the professional terminology. There is no standard Florida enhanced life estate deed form, no enhanced life estate deed form Florida attorneys pull off a shelf, and no Florida life estate deed form the state publishes for either instrument. Searches for a free lady bird deed form, a printable lady bird deed form Florida, a lady bird deed PDF, a sample lady bird deed Florida, or an online lady bird deed template all lead to the same place: generic documents drafted for no particular state and no particular property.
What a Florida lady bird deed form must contain
A workable Florida lady bird deed form contains a legally sufficient property description, the enhanced life estate reservation language, a clear remainder designation with contingent beneficiaries, and the execution and recording elements required by Fla. Stat. § 689.01 and § 695.26.
- A complete legal description matching the current vesting deed, plus the Broward County folio number.
- The enhanced life estate reservation—the express retained power to sell, convey, mortgage, lease, gift and revoke without the remaindermen’s joinder. This is the clause that separates a lady bird deed from a plain life estate deed, and it is the clause most templates omit or water down.
- A remainder designation naming the beneficiaries, with contingent remainder beneficiaries in case one predeceases the owner.
- Spousal joinder, if the owner is married and the property is homestead.
- The preparer’s name and post-office address, printed names beneath every signature, and the clerk’s reserved recording space.
Why free lady bird deed forms and online templates fail in Florida
Free and template-based deeds fail in four predictable ways: they recite nominal consideration that creates a documentary stamp tax liability, they omit spousal joinder on homestead property, they carry a defective or copied legal description, and they name no contingent remainder beneficiary.
- The “$10.00 and other good and valuable consideration” recital. Almost every downloadable form includes it. In Broward County that single line converts a tax-free transfer into a taxable one.
- No spousal joinder block. A married owner who records a lady bird deed on homestead property without the spouse joining has recorded a void deed — not merely a voidable one. The Third District said so directly in Mendia v. Galvez, 418 So. 3d 838 (Fla. 3d DCA 2025): a transfer of homestead without the required spousal joinder is void. The defect usually surfaces years later, at a closing.
- A legal description copied from a tax bill rather than the vesting deed. Tax-roll descriptions are abbreviated and frequently will not pass title examination.
- No contingent remainder beneficiary. If a named beneficiary dies first, that interest can require probate of the beneficiary’s estate—the exact outcome the deed was meant to avoid.
For the drafting language itself and a walk-through of each clause, see our guide to the Florida lady bird deed form.
How many witnesses does a Florida lady bird deed require?
A Florida lady bird deed requires two subscribing witnesses under Florida Statute § 689.01. The grantor must sign the instrument in the presence of two witnesses, who must also sign the deed. Remote witnessing via approved audio-video technology is permitted under Fla. Stat. § 689.01(2).
Section 689.01 also provides expressly that no seal is necessary to give validity to a deed executed in conformity with the statute. Two subscribing witnesses and the owner’s signature are what the statute requires.
Does a lady bird deed have to be notarized in Florida?
Yes, to be recorded in official records, a lady bird deed must be acknowledged before an authorized officer or notary public under Florida Statute § 695.03. While § 689.01 requires two witnesses to make a deed legally valid between parties, § 695.03 generally requires notarial acknowledgment before a deed can be recorded.
Section 695.03 is written more broadly than that in practice. It permits the execution of an instrument to be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary or commissioner. Acknowledgment before a Florida notary is the ordinary route and the one every title company expects, but it is not the only method the statute recognizes.
Can you do a lady bird deed yourself in Florida?
Yes. Florida law does not require an attorney to prepare a deed, and any owner may record one. Whether you should is a different question—a do-it-yourself lady bird deed that contains a defect is usually not discovered until the owner has died, when it can no longer be fixed by the person who signed it.
That is what separates this from most DIY legal documents. A defective will is contested while there is still an estate and a court to fix it. A defective deed sits in the public records looking valid, and surfaces at the closing table when the buyer’s title underwriter reads it.
What goes wrong with a do-it-yourself lady bird deed
- Missing spousal joinder. The most common fatal defect. Article X, Section 4(c) of the Florida Constitution requires a married owner’s spouse to join in any conveyance of homestead—including this one—even when the property is titled in one spouse’s name alone. The constitutional restriction controls over a conflicting statute; the Fourth District applied that hierarchy in Brown v. Towd Point Mortgage Trust 2017-6, 423 So. 3d 887 (Fla. 4th DCA 2025).
- Weak reservation language. If the deed does not clearly reserve the power to sell and mortgage without the remaindermen, you have created a plain life estate, and you can no longer sell your own home without your beneficiaries’ signatures.
- A recited consideration figure that creates tax. Writing “$10.00” triggers documentary stamp tax on a transfer that would otherwise be untaxed.
- A minor child in the picture. No drafting can override the constitutional restriction, and a self-prepared deed will not tell you that.
- No contingent beneficiary. A beneficiary who predeceases you can force a probate of that beneficiary’s estate before your home can be sold.
How to file a lady bird deed in Florida
A completed Florida lady bird deed is signed by the owner in the presence of two subscribing witnesses, acknowledged before a notary, and then recorded in the county where the property sits. In Broward County that is the Records, Taxes and Treasury Division at 115 S. Andrews Avenue, Room 114, in person, by mail, or through an approved e-recording vendor.
Recording is the easy part. It is what the deed says that determines whether it works.
Do You Pay Documentary Stamp Tax on a Lady Bird Deed in Broward County?
Unencumbered property transferred via an enhanced life estate deed generally incurs no documentary stamp tax or only the minimum tax. The Florida Department of Revenue determined in Technical Assistance Advisement 20B4-004 that an unencumbered lady bird deed transfers no present beneficial interest and is therefore not taxable, while Broward County’s own recording office treats a life estate deed with retained powers as a minimum-tax transfer.
What is the documentary stamp tax rate in Broward County?
Broward County assesses documentary stamp tax on deeds at the standard Florida rate of $0.70 per $100 of consideration (or fractional part thereof) under Florida Statute § 201.02(1)(a). Consideration includes money paid, property exchanged, and the balance of any unpaid mortgage encumbering the real estate.
Miami-Dade is the only Florida county that does not use the standard 70-cent rate—see our Miami lady bird deed guide for how their $0.60 base rate and $0.45 surtax operate.
What does Broward County’s recording office say about life estate deeds?
The Broward County Records, Taxes and Treasury Division publishes guidelines stating that a life estate deed is subject to minimum documentary stamp tax where the grantor retains full property rights, including the power to sell, and the grantees hold remainderman status.
Broward County’s Property Transfer Information Sheet specifies:
“LIFE ESTATE – If grantor retains full property rights, including power to sell, AND grantees have ‘Remainderman’ status.“
While the Florida Department of Revenue’s Technical Assistance Advisement (TAA 20B4-004) concluded that a lady bird deed transfers no present beneficial interest and is not subject to documentary stamps, TAA rulings strictly bind the DOR only with respect to the specific taxpayer who requested the advisement under Fla. Stat. § 213.22.
The Department of Revenue and the Broward County recording office do not say quite the same thing, and it is worth understanding why. The Department’s advisement reasons that an enhanced life estate deed transfers no present beneficial interest, so there is nothing for the tax to attach to. Broward’s Property Transfer Information Sheet takes the more conservative route and places a life estate deed with retained powers in its minimum tax category.
Because a Technical Assistance Advisement binds the Department only as to the taxpayer who requested it, and because the recording office is the one collecting at the counter, we prepare Broward County lady bird deeds on the assumption that the minimum tax applies—and we recite no consideration at all, so there is nothing for either position to attach to.
Why you should never write “$10.00 and other good and valuable consideration”
You should never recite nominal consideration such as “$10.00” on a deed because Broward County taxes any stated consideration. Reciting “$10.00” on a deed manufactures a documentary stamp tax liability that would not otherwise exist on a gratuitous estate transfer.
Broward County’s official property transfer sheet states:
“If a deed states an amount, such as ‘in consideration of $10.00 ……’, that amount is taxed, even when the transfer is not otherwise taxable.”
Standard online deed forms frequently insert this nominal boilerplate language, unnecessarily triggering state tax assessments on family transfers.
Do you owe doc stamps on a lady bird deed if the house has a mortgage?
This issue remains legally unsettled under Florida law. Florida Statute § 201.02 treats an outstanding mortgage balance as consideration on real property conveyances, but the Department of Revenue’s advisement (TAA 20B4-004) evaluated only unencumbered real estate without an active mortgage.
Because the grantor retains equitable title and complete revocation rights without conveying a vested present interest, strong arguments exist that no taxable conveyance occurs. However, because Florida law treats underlying debt as taxable consideration on conveyances, you should have legal counsel review any lady bird deed on mortgaged property before recording.
Does a Lady Bird Deed Affect Your Broward County Homestead Exemption?
No, recording a lady bird deed does not affect or jeopardize your Broward County homestead exemption. Under Florida Statute § 196.041(2), a retained beneficial interest for life is legally recognized as equitable title to real estate, fully satisfying the permanent residency and ownership requirements of Florida Statute § 196.031.
This is the practical answer to a question homeowners ask in several forms—what type of deed preserves the homestead exemption, whether a homestead ladybird deed is treated differently, and whether the lady bird deed homestead exemption survives recording. It does, because the life tenant remains the person entitled to claim it.
Does recording a lady bird deed reset the Save Our Homes cap?
No. Recording a lady bird deed does not trigger a reassessment or reset your Save Our Homes assessment cap. The exception that fits is Fla. Stat. § 193.155(3)(a)1.c: where the same person remains entitled to the homestead exemption, it is not a change of ownership when the transfer is “by means of an instrument in which the owner is listed as both grantor and grantee of the real property and one or more other individuals are additionally named as grantee.” That is the exact structure of a lady bird deed — you convey to yourself for life, with the remainder to your beneficiaries.
The same subparagraph carries the trap. It continues: “if any individual who is additionally named as a grantee applies for a homestead exemption on the property, the application is considered a change of ownership.” So remainder beneficiaries must not apply for or claim a homestead exemption on the property while the life tenant is alive. One application by a named remainderman resets the cap.
Do your children keep your Save Our Homes cap after you die?
No. When the life tenant dies, the remainder vests in an adult, non-dependent child and no exception applies, so it is a change of ownership under Florida Statute § 193.155(3)(a). The property is reassessed at just value on January 1 following the owner’s death, terminating the accumulated Save Our Homes cap.
Section 193.155(3)(a) lists five categories of transfer that are not a change of ownership:
- Transfers where the same person remains entitled to the homestead exemption — correcting an error; between legal and equitable title with no new homestead applicant; the grantor-and-grantee instrument described above; removing a joint tenant with rights of survivorship; or a lessee entitled to homestead under § 196.041(1).
- Transfers between husband and wife, including to a surviving spouse or on dissolution of marriage.
- Transfers by operation of law to a surviving spouse or minor child under Fla. Stat. § 732.401.
- On the owner’s death, a transfer to a permanent resident who is legally or naturally dependent on the owner.
- The death of a joint tenant with rights of survivorship where a surviving owner keeps the homestead exemption.
Adult independent children do not qualify under these statutory exceptions. On a Broward home owned for decades, the reassessment to just value can cause a substantial property tax increase. While a lady bird deed avoids probate, it does not transfer your Save Our Homes assessment cap.
How do you file for homestead exemption with the Broward County Property Appraiser?
You file for homestead exemption with the Broward County Property Appraiser online at bcpa.net or in person at 115 S. Andrews Avenue, Room 111, Fort Lauderdale. You must hold title and permanently occupy the property as of January 1 of the tax year.
According to the Broward County Property Appraiser, the basic homestead exemption saved a Broward homeowner in 2025 between $659 and $1,009, depending on the millage rate where the property sits.
Two separate $25,000 exemptions apply: one to the first $25,000 of assessed value, and one to the value between $50,000 and $75,000. The second does not apply to school district taxes, which is why the savings figure is a range rather than a single number. Portability of an accumulated Save Our Homes benefit requires a separate application filed together with the homestead application—it is not automatic and it is not part of the homestead form.
For 2027 exemptions, the timely filing period runs from March 3, 2026 through March 1, 2027, with an absolute late-filing deadline of September 20, 2027. The Broward County Property Appraiser confirms that only the life tenant is eligible to claim homestead during their lifetime; remainder beneficiaries cannot claim homestead on the property even if residing there. Under Florida law, annual assessed value increases under Save Our Homes are capped at 3% or the change in the Consumer Price Index, whichever is lower.
When Does a Broward County Lady Bird Deed Fail?
A Broward County lady bird deed fails if a married owner attempts to execute the deed without spousal joinder, or if the owner is survived by a spouse or minor child and designates an outside beneficiary under Article X, Section 4(c) of the Florida Constitution. In both cases, the constitutional restriction voids the remainder transfer, and title descends under Florida Statute § 732.401.
Can you sign a lady bird deed in Florida if you are married?
You cannot sign an effective lady bird deed on Florida homestead property without your spouse’s joinder. Article X, Section 4(c) of the Florida Constitution requires that homestead property may only be alienated by the owner “joined by the spouse if married,” even if the real estate is titled exclusively in one spouse’s name.
Uniform Title Standard 6.11 confirms that any conveyance of homestead property by a married individual requires the spouse’s express joinder on the deed to pass marketable title.
Does a Florida § 732.7025 waiver replace spousal joinder?
No. A waiver executed under Florida Statute § 732.7025 waives only testamentary devise restrictions at death; it does not replace lifetime spousal joinder on a deed. Section 732.7025(2) explicitly provides that such language cannot be construed as a waiver of constitutional restrictions against alienation by deed or mortgage without spousal joinder.
Is a lady bird deed valid in Florida if you have minor children?
No, a lady bird deed cannot convey a remainder interest in homestead property if the owner is survived by a minor child. Article X, Section 4(c) of the Florida Constitution states that “the homestead shall not be subject to devise if the owner is survived by spouse or minor child.” There is no drafting exception, and any attempt to transfer homestead remainder rights away from a minor child is void.
What happens to Florida homestead when a lady bird deed fails?
When a lady bird deed fails due to constitutional homestead restrictions, the property descends according to Florida Statute § 732.401. The surviving spouse takes a life estate with a vested remainder to the decedent’s lineal descendants, per stirpes, or the spouse may elect an undivided one-half interest as a tenant in common.
Under Florida Statute § 732.401(2):
- The surviving spouse may elect a 50% tenant-in-common interest instead of a life estate.
- The election must be made within six months after the decedent’s death and during the surviving spouse’s lifetime. It is made by filing a notice of election, containing the legal description of the homestead, for recording in the official records of the county where the property is located.
- Once recorded in the public records, the election is legally irrevocable.
- In Broward County, the formal notice of election must be recorded with the Records, Taxes and Treasury Division at 115 S. Andrews Avenue.
Has any Florida court ruled on lady bird deeds?
No Florida appellate court has squarely construed and validated the enhanced life estate deed mechanism. The device rests on common-law property rules, title insurance underwriting standards, and Florida Bar Uniform Title Standards, while earlier Florida decisions (Johns v. Bowden and In re Estate of Johnson) scrutinized retained-power homestead transfers as attempted testamentary dispositions.
Neither Johns nor Johnson involved modern enhanced life estate deeds. Two recent decisions describe lady bird deeds without passing on their validity: Hirschenson v. Compu-Link Corp. of Michigan, 389 So. 3d 574 (Fla. 3d DCA 2023), and Varano v. Varano, 415 So. 3d 1100 (Fla. 4th DCA 2025). Both treat the instrument as a familiar part of Florida practice; neither is a holding you can lean on. Furthermore, Florida Statute § 732.4017 provides a statutory safe harbor for lifetime transfers of homestead, but only where the transferor fails to retain a power to revoke or revest the interest. Because lady bird deeds specifically retain revocation powers, § 732.4017 does not protect them. Proper execution requires strict adherence to spousal joinder, clear remainder designations, and careful title compliance.
Lady Bird Deed vs. Quit Claim Deed vs. Living Trust in Broward County
A lady bird deed avoids probate on a single property while preserving full owner control and tax bases. A Florida quit claim deed to a child gives the property away immediately, exposing it to creditor claims and destroying tax advantages. A revocable living trust governs multiple properties, investment accounts, and incapacity management at a higher initial drafting cost.
| Comparison Feature | Lady Bird Deed | Quit Claim Deed to a Child | Revocable Living Trust |
|---|---|---|---|
| Can you still sell without permission? | Yes | No—you no longer own it | Yes |
| Can you change your mind? | Yes, revocable at any time | No | Yes |
| Avoids Florida probate on the home? | Yes | Not applicable | Yes |
| Beneficiary’s tax basis | Stepped up to date-of-death value | Your original basis carries over | Stepped up |
| Exposed to the child’s creditors or divorce today? | No | Yes | No |
| Broward documentary stamp tax on signing? | Minimum or none | Due on any mortgage balance | Generally none |
| Overrides the homestead devise restriction? | No | Not applicable | No |
| Covers assets other than the house? | No | No | Yes |
| Handles your incapacity? | No | No | Yes |
| Typical cost | Lowest | Low, but expensive later | Highest |
Should you add your child to the deed in Broward County instead?
No. Adding an adult child to your deed via quit claim creates a completed gift of a present interest, exposing your real estate to your child’s future creditors, tax liens, and divorce claims. It also destroys the stepped-up tax basis and cannot be undone without your child’s written cooperation.
Is a lady bird deed better than a revocable living trust in Florida?
A lady bird deed is often more cost-effective for an individual whose primary asset is a single Florida residence. However, as detailed in our analysis of a lady bird deed vs living trust, a living trust is superior for managing multiple properties, out-of-state assets, complex multi-generational distribution schedules, and bodily incapacity.
Does a Lady Bird Deed Protect Your Broward County Home From Medicaid?
Yes, as to Medicaid estate recovery. Florida limits recovery to the probate estate under Florida Statute § 409.9101, and a lady bird deed keeps the home out of probate entirely. It does not pay for care, does not qualify anyone for Medicaid, and does not add creditor protection that the Florida Constitution does not already provide to homestead.
Does a lady bird deed trigger the Medicaid 5-year look-back in Florida?
No. Executing a lady bird deed does not trigger the Medicaid 60-month look-back transfer penalty under 42 U.S.C. § 1396p(c)(1)(B)(i). Because the grantor retains full power to revoke, sell, or mortgage the home, Florida DCF treats the property as entirely owned by the applicant.
Florida DCF ESS Policy Manual § 1640.0305.03 expressly confirms:
“The owner of an enhanced life estate (also known as a lady bird deed or life estate with powers) has the same rights as complete ownership, including the right to sell without the consent of the remainderman. Lady bird deeds and life estates with powers are counted the same as other real property an individual may own and it may be excluded if it qualifies as the individual’s homestead, including under intent to return when absent from the home.”
In contrast, DCF § 1640.0551 notes that a traditional life estate created within 60 months must be evaluated under uncompensated transfer rules—a penalty the lady bird deed successfully avoids.
Can Florida Medicaid recover against a lady bird deed after death?
No. Florida Statute § 409.9101(2) limits Medicaid estate recovery exclusively to probate assets administered under Chapter 733. Because Florida elected not to adopt the expanded federal definition under 42 U.S.C. § 1396p(b)(4)(B), real property transferring automatically via lady bird deed remains outside the recoverable estate.
Furthermore, under Florida Statute § 409.9101(7), Medicaid cannot enforce recovery against property constitutionally exempt from creditors under Article X, Section 4 of the Florida Constitution.
What a lady bird deed does not do about Medicaid
A lady bird deed is not the only thing standing between Florida Medicaid and your home, and it is worth being precise about what it adds. Florida homestead that passes to heirs is already protected from creditor claims, including claims by the Agency for Health Care Administration, under Article X, Section 4(b) of the Florida Constitution. That protection exists whether or not you ever sign a deed.
What the lady bird deed adds is certainty and simplicity. It keeps the home out of the probate estate entirely, so there is no proceeding in which a claim could be filed. It removes the need to litigate whether the property qualified as protected homestead or whether the people inheriting it qualify as heirs—both of which are contestable, and both of which are where families actually lose homes.
It also does nothing about the cost of care itself. A lady bird deed does not pay for a nursing home, does not qualify anyone for Medicaid, and does not shelter any asset other than the property described in it. Medicaid planning for a Broward County family usually involves more than one instrument, and the deed is one part of it.
Do Beneficiaries Get a Stepped-Up Basis From a Lady Bird Deed?
Yes. Because the grantor retains a life estate and full revocation powers over the property, the real estate is included in the grantor’s gross estate under IRC § 2036(a). Consequently, remainder beneficiaries receive a stepped-up basis to fair market value at the date of death under IRC § 1014(b)(9).
The lady bird deed step up in basis is the single largest financial difference between this instrument and a lifetime gift, and it is the tax implication of a lady bird deed that most often decides which instrument a family should use.
Is a Florida lady bird deed a taxable gift?
No. Under Treasury Regulation § 25.2511-2(c), a transfer is not a completed gift if the donor reserves the power to revest beneficial title in themselves. Because a lady bird deed remains fully revocable, execution is not a taxable gift and does not require filing IRS Form 709.
Broward County capital gains example
Consider a Broward County residence purchased in 1985 for $85,000 that has a market value of $625,000 at the owner’s death:
| Tax Basis Component | Quit Claim Deed to Child (Lifetime) | Broward County Lady Bird Deed |
|---|---|---|
| Beneficiary Tax Basis | $85,000 (Carryover Basis) | $625,000 (Stepped-Up Basis) |
| Taxable Gain if Sold at $625,000 | $540,000 Capital Gain | ~$0 Capital Gain |
Review our detailed guide on lady bird deed Florida tax consequences for further analysis of capital gains, documentary stamp tax, and estate taxation.
What Happens After the Owner Dies? Steps for Broward County Beneficiaries
When the property owner dies, title automatically vests in the named remainder beneficiaries. Beneficiaries must record a certified death certificate, file an affidavit of title, update property insurance policies, and adjust tax profiles with the Broward County Property Appraiser.
- Obtain Certified Copies of Death Certificate: Secure certified Florida death certificates without the confidential cause-of-death redaction.
- Record Official Documents: Record the certified death certificate and affidavit with the Broward County Records, Taxes and Treasury Division at 115 S. Andrews Ave., Rm. 114.
- Notify Broward County Property Appraiser: Submit updated title records to Room 111 (or online at bcpa.net) to adjust property records, recognizing the homestead cap reset on January 1.
- Update Casualty & Hazard Insurance: Contact the homeowner’s property insurance carrier to update named insured records on the active policy.
- Satisfy Title Insurance Requirements: If selling the real estate, provide required documentation to title underwriters to confirm an unbroken chain of title.
- Review Potential Constitutional Claims: If the owner was survived by a spouse or minor child, seek legal counsel immediately to evaluate Florida homestead devise restrictions under Fla. Stat. § 732.401.
For complete post-death procedural steps, read our guide on what happens after the owner dies with a lady bird deed.
Will a title company insure a Broward County lady bird deed?
Usually, with conditions, provided the statutory and constitutional requirements were satisfied. In this firm’s experience, Florida underwriters treat the remainder as a vested remainder subject to divestment and will insure title out of a lady bird deed when the record is clean. There is one situation where they generally will not: where the property was homestead and the owner was survived by a spouse or a minor child. In that case the constitutional devise restriction may have defeated the remainder designation, and no underwriter will insure past it without a court determination or a release.
Underwriters will verify that spousal joinder was obtained on homestead property, confirm no minor children survived, and check for judgments or tax liens against the remainder beneficiaries. Underwriting requirements vary between companies, and any specific requirement should be confirmed with the underwriter handling the file.
Under Florida Statute § 732.2035(5), revocable transfers are included in the Florida elective estate calculation. If a surviving spouse exists, title underwriters frequently require a spousal waiver or confirmation that elective share rights have been satisfied before issuing clean title.
What happens if a remainder beneficiary dies before the owner?
If a remainder beneficiary predeceases the property owner and the deed lacks contingent remainder provisions, the deceased beneficiary’s interest may lapse or require probate administration of that beneficiary’s estate. Properly drafted lady bird deeds include contingent remainder clauses to avoid secondary probate proceedings.
Does a Lady Bird Deed Work on a Broward County Condominium?
Yes, and Broward makes the condominium case its own problem. A lady bird deed on a unit passes the unit at death — and it passes the unit’s obligations with it.
What happens to a Broward condominium after the owner dies?
The remainder beneficiary takes the unit and the unpaid assessments with it. Fla. Stat. § 718.116 makes a unit owner liable for assessments coming due during that owner’s period of ownership, and jointly and severally liable with the previous owner for the amounts owed by that previous owner. A lady bird deed avoids probate on the unit. It does not clear an assessment ledger.
Before anyone signs anything on a unit, get the estoppel certificate under Fla. Stat. § 718.116(8) and read what it says about special assessments. The association is bound by the figure it certifies. A family that never asked is bound by whatever the truth turns out to be.
Does a Broward condominium face two building inspection regimes?
It can, and that is unusual. The statewide milestone inspection and Broward County’s own Building Safety Inspection Program are separate schemes with separate triggers.
Fla. Stat. § 553.899 reaches buildings three habitable stories or more in height held in condominium or cooperative form, requiring a milestone inspection by December 31 of the year the building reaches 30 years of age and every 10 years after. The local enforcement agency may move that to 25 years where local circumstances such as proximity to salt water justify it, and may extend the initial date for good cause. Fla. Stat. § 718.112(2)(g) adds the structural integrity reserve study and limits an owner-controlled association’s ability to vote to underfund the items it covers.
Alongside that, Broward County runs its own Building Safety Inspection Program through the Board of Rules and Appeals, under section 110.15 of the county’s administrative provisions to the Florida Building Code. Its coverage is drawn differently: it is not confined to condominiums, and it is not confined to buildings of three stories or more. This page does not state the county’s age trigger, because the county’s published material and the municipalities applying it do not agree on the figure. Ask the Board of Rules and Appeals what applies to your building rather than taking a number off any website, including this one.
The point for a deed is simple: a Broward building can sit inside the state scheme, the county scheme, or both, and none of those obligations pauses because the property changed hands at a death. Whoever receives the unit receives the inspection cycle and the reserve funding that goes with it.
Which court hears the probate if the deed fails?
The Seventeenth Judicial Circuit, which covers Broward and nothing else — Fla. Stat. § 26.021 composes the Seventeenth of this county alone. The probate division sits at 201 S.E. 6th Street, Room 03150 in the West Building, roughly a mile and a half from where the deed was recorded and under entirely different management.
A single-county circuit is the easier kind to practice in: one set of administrative orders, one bench, no cross-county variation. But an easy probate is still a probate, with an inventory, a creditor period, and a file anyone can read. A deed that works avoids all of it.
Broward County Areas We Serve
We prepare and record lady bird deeds for property owners across Broward County, serving a community of more than 1.99 million residents.
In east Broward we work with owners in Fort Lauderdale, Hollywood, Pompano Beach, Deerfield Beach, Oakland Park and Hallandale Beach. In the central and western communities we serve Plantation, Sunrise, Davie, Weston, Lauderhill, Lauderdale Lakes and Tamarac. In south and northwest Broward we handle deeds in Pembroke Pines, Miramar, Coral Springs, Coconut Creek, Margate and North Lauderdale.
Wherever the property sits, all Broward deeds are recorded in the same central Official Records series at 115 S. Andrews Avenue in Fort Lauderdale. For estates reaching into neighboring counties, we also draft Palm Beach County lady bird deeds.
Lady Bird Deed Broward County: Frequently Asked Questions
Where do I record a lady bird deed in Broward County?
You record a lady bird deed at the Broward County Records, Taxes and Treasury Division located at 115 S. Andrews Avenue, Room 114, Fort Lauderdale, FL 33301. Filings can be completed in person, by mail, or through an approved electronic recording service.
How much does a lady bird deed cost in Broward County?
A Broward County lady bird deed starts at $675, including all recording costs. The county’s recording charge for a typical two-page deed is $18.50 under Fla. Stat. § 28.24(13), fixed by statute and identical in every Florida county, and it is absorbed in the fee rather than billed on top. Documentary stamp tax is quoted separately because it follows any mortgage on the property. Fees above the starting figure depend on whether there is a mortgage, a spouse whose joinder must be documented, or a title issue to resolve.
Is there a free Broward County lady bird deed form?
There is no official state or county form. While generic online templates exist, using an unverified Florida lady bird deed form without legal customization often leads to unintended tax liabilities, doc stamp errors, or invalid transfers under Florida law.
Do I need a lawyer to do a lady bird deed in Broward County?
While Florida law permits self-drafting, retaining a qualified estate planning and probate attorney is strongly advised. Improper drafting can create fatal title defects, trigger tax reassessments, or violate constitutional spousal joinder mandates.
Can I file a lady bird deed myself in Broward County?
Yes, any individual may physically submit a deed for recordation at 115 S. Andrews Avenue, Room 114. However, self-drafted deeds frequently contain legal description errors, improper witness formats, or fatal homestead defects that disrupt clear title.
Does a lady bird deed avoid probate in Broward County?
Yes. A properly executed and recorded lady bird deed transfers real property automatically to remainder beneficiaries upon the owner’s death, bypassing the Broward County probate court entirely.
Is the Broward County Clerk of Courts the recorder of deeds?
Not today. The Broward County Clerk of Courts manages court and probate proceedings at 201 S.E. 6th Street. Official real estate records and deeds are currently recorded with the Broward County Records, Taxes and Treasury Division at 115 S. Andrews Avenue. Chapter 2020-194, Laws of Florida directs the recorder function to the Clerk effective January 7, 2025; confirm the filing office before you record.
Can a lady bird deed be revoked?
Yes. The property owner retains the absolute legal right to revoke the deed, sell the home, execute a mortgage, or record a new deed naming different beneficiaries without obtaining the consent of any remainder beneficiary.
What is the difference between a lady bird deed and a quit claim deed in Broward County?
A quit claim deed immediately transfers your current ownership interest to another party, whereas a lady bird deed retains full ownership and control in your hands for life, transferring title only upon your death.
Does Broward County accept e-recording for deeds?
Yes. The Broward County Records, Taxes and Treasury Division accepts electronic deed recording through approved third-party e-recording vendors, eliminating the need to record documents in person.
What do I need to bring to record a deed at 115 S. Andrews Avenue?
You must bring the original executed deed signed before two subscribing witnesses and notarized, along with the correct legal description, folio number, and payment for recording fees and applicable documentary stamps.
Where do I find my Broward County folio number?
You can locate your property’s folio or parcel identification number through the Broward County Property Appraiser’s database at bcpa.net or by calling their office at 954-357-6830.
How long does it take to record a deed in Broward County?
Processing times vary. E-recording is generally the fastest route, walk-in recording at 115 S. Andrews Avenue is next, and mailed deeds take longest depending on division processing queues. Confirm the current turnaround with the Records, Taxes and Treasury Division before relying on a particular date.
Can my children sell the house after I die without probate?
Yes. Upon your death, title vests immediately in the remainder beneficiaries. Once they record a certified death certificate and satisfy standard title insurance requirements, they can market and sell the property without opening a probate case.
What is the Florida lady bird deed statute?
There is no Florida lady bird deed statute. Chapter 689 of the Florida Statutes does not authorize the instrument. Its validity rests on Florida common law, the Florida Bar RPPTL Uniform Title Standards 6.10, 6.11 and 6.12, and long-standing title insurance underwriting practice.
Can I get a lady bird deed PDF or printable template?
Downloadable lady bird deed PDFs and printable templates exist, but a Florida deed has to match the property’s existing legal description, the owner’s marital and homestead status, and the beneficiary structure. A printable form cannot do any of those, which is why defects in template-based deeds are so consistent.
How do I get a lady bird deed form in Florida?
A Florida lady bird deed is drafted rather than obtained. An attorney reviews the current vesting deed, confirms the legal description and folio number, analyzes homestead and marital status, and prepares the instrument for execution before two witnesses and a notary.
What does a lady bird deed look like in Florida?
A Florida lady bird deed looks like an ordinary warranty or quit claim deed with one crucial addition: an express reservation of a life estate coupled with the retained power to sell, convey, mortgage, lease and revoke the property without the remaindermen’s joinder. That reservation clause is the entire difference.
Is a lady bird deed the same as a life estate deed?
No. A plain life estate deed transfers a vested remainder immediately and leaves the life tenant unable to sell or mortgage without the remaindermen’s consent. A lady bird deed—an enhanced life estate deed—reserves those powers, so nothing is given away during the owner’s lifetime.
Is a lady bird deed better than a trust in Florida?
For an owner whose main asset is a single Florida home, a lady bird deed does the same probate-avoidance job at a fraction of the cost. A revocable living trust is the better instrument where there are multiple properties, out-of-state assets, minor or special-needs beneficiaries, or a need to plan for incapacity.
Does a lady bird deed override a will in Florida?
Yes, as to the property it covers. The remainder passes by operation of the deed at the moment of death, before the will operates on anything. A will devising the same property to someone else does not change that—which is why the two documents have to be read together.
Do you owe documentary stamp tax on a lady bird deed on mortgaged property in Florida?
This is unsettled. Fla. Stat. § 201.02 treats an outstanding mortgage as consideration whether or not it is assumed, but the Department of Revenue’s advisement on enhanced life estate deeds addressed unencumbered property only. A lady bird deed on mortgaged property should be reviewed by counsel before recording.
Does a quit claim deed avoid probate in Florida?
Only in the sense that you no longer own the property, because you gave it away while alive. That carries consequences a lady bird deed avoids: exposure to the recipient’s creditors and divorce, loss of the stepped-up tax basis, and no ability to change your mind.
What is a ladybird trust?
There is no such thing as a ladybird trust. The term describes two different instruments that are frequently confused. A lady bird deed is a deed covering one parcel of real property; a revocable living trust is a separate instrument that can hold many kinds of assets.
Can a power of attorney sign a lady bird deed in Florida?
Only if the power of attorney expressly grants the authority. Florida requires specific enumerated authority for an agent to create or change a right of survivorship or a beneficiary designation, and a general power of attorney will usually not be sufficient. Have the instrument reviewed before relying on it.
Talk to a Broward County Lady Bird Deed Attorney
Estate planning with real estate requires precision to avoid costly title failures and tax surprises. Use this framework to evaluate your next step:
- Married Homeowners: Spousal joinder is constitutionally required on all Florida homestead deeds. Consult an attorney before executing any deed.
- Families with Minor Children: Constitutional devise restrictions prevent lady bird deeds from transferring homestead property away from minor children. Alternative trust planning is required.
- Mortgaged Properties: Unresolved documentary stamp tax issues require legal review before recording to prevent unexpected tax assessments.
- Single Owners with Adult Beneficiaries: A lady bird deed provides a clean, cost-effective probate avoidance tool for single residences.
- Owner Has Already Passed Away: If a loved one has died and you need guidance on title transfer or estate administration, speak with a qualified Florida probate lawyer.
What should you bring to a consultation?
The recorded deed, the folio number, and the mortgage statement. Those three answer the questions that determine both the tax and whether the deed can be drafted at all.
If the property is a condominium, add the most recent assessment notice and anything the association has sent about a special assessment or an inspection. If anyone in the family receives needs-based assistance, say so at the outset — a remainder interest arriving at death can end a benefit, and the remedy has to be designed into the instrument rather than bolted on afterward.
How do you reach a lady bird deed attorney for Broward County?
Call (305) 224-6811. To prepare a compliant, title-insured deed for your property, contact a trusted Broward County lady bird deed attorney at Lorenzo Law. Attorney Jose Lorenzo (Fla. Bar No. 107002), located at 12 SE 7th St., Ste. 701 in Fort Lauderdale, assists property owners throughout Fort Lauderdale and South Florida with comprehensive estate planning and real estate conveyance strategies.