Miami Lady Bird Deed Attorney — Miami-Dade County

A lady bird deed Miami homeowners sign lets you keep your home, keep every right to sell it or borrow against it, and name who receives it when you die — without a probate case being opened for the property. The formal name is an enhanced life estate deed, and it is also written as one word: a ladybird deed Miami owners record and a lady bird deed are the same instrument under two spellings.

I am Jose M. Lorenzo, Jr., Florida Bar No. 107002. My office is in Coral Gables, and at Lorenzo Law I prepare and record these for owners across Miami-Dade County — the City of Miami, Hialeah, Miami Beach, Kendall, Doral, Homestead and the rest of the county. The fee for a standard matter is $675 flat. It includes speaking directly with me, deed preparation, online notarization, witnesses, county recording fees, and the minimum documentary stamp charge. Any documentary stamp tax above that minimum is separate, and I work out the figure and explain it before you proceed.

What to do next: Discuss your Miami-Dade property · See the six-step process · What to have ready for the call

Atención en español. Hable directamente con el abogado Jose Lorenzo sobre su propiedad en Miami-Dade: (305) 224-6811 · lea esta página en español.

One thing makes this county different from the other sixty-six, and it runs through this page: a lady bird deed recorded here is taxed differently from one recorded anywhere else in Florida — sixty cents on each hundred dollars instead of seventy, because of a local option taken up in 1983 that no other county ever adopted, with a forty-five-cent surtax on top of it for anything other than a single residence. Two other things shape the work here. Miami-Dade records deeds and hears probate in the same building, one floor apart. And condominium units are the largest single category of property on the county’s tax roll, narrowly ahead of houses, which changes what a deed has to anticipate.

Miami-Dade CountyWhere
What the deed isAn enhanced life estate deed — “lady bird deed” and “ladybird deed” are its nicknames
DeedsClerk of the Court & Comptroller, County Recorder, Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami — fifth floor
ProbateSame building — probate division on the sixth floor
Recorder telephone(305) 275-1155 · the Clerk’s Official Records page lists no counter hours, so call first
Homestead and parcel dataProperty Appraiser, 111 NW 1st Street, Suite 710, Miami; branch in Cutler Bay
Judicial circuitEleventh — Miami-Dade County alone
Recording, page one$10.00, then $8.50 each later page
Documentary stamps$0.60 per $100 — the only county in Florida below $0.70
Surtax on anything but one residence$0.45 per $100 more
Lorenzo Law flat fee$675 — the call with me, drafting, online notarization, witnesses, recording fees and the minimum documentary stamp
Call(305) 224-6811
Facts current as of18 September 2026 — sources listed at the foot of the page

On this page: The short version · What it costs · The process · What to have ready · How it works · Documentary stamps and the surtax · Where it records · Homestead · Condominiums · Owners who live elsewhere · By the numbers · Miami-Dade, place by place · Glossary · En español · Talk to me

Miami lady bird deed: the short version

A lady bird deed in Miami-Dade County is an enhanced life estate deed: the owner keeps the property for life with the full power to sell, mortgage or revoke, and at the owner’s death the deed’s own terms govern who takes it, with no probate case opened for the property — the beneficiaries record proof of death to document the change on the public record. It is recorded with the Clerk of the Court and Comptroller’s County Recorder at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, for $10.00 for the first page and $8.50 for each additional page. Documentary stamp tax on the deed is $0.60 per $100 of consideration — the only rate in Florida below $0.70 — plus a $0.45 surtax where the deed conveys anything other than a single residence. On a paid-off house or condominium unit the tax is the minimum; on a mortgaged property the figure is unsettled. Lorenzo Law prepares and records one for $675 flat, including the attorney conversation, online notarization, two witnesses, recording fees and the minimum stamp.

Quick answers

Is a lady bird deed legal in Miami-Dade County? Yes. It is recorded and title-insured across Florida, and the Miami-Dade County Recorder records it like any other deed.

Where is a lady bird deed recorded in Miami-Dade? With the County Recorder, fifth floor, Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami 33128; by mail to Suite 5.246; or through six approved e-recording vendors.

What does it cost to record? $10.00 for the first page, $8.50 for each additional page, $1.00 per name indexed beyond four. A two-page deed with two names is $18.50.

What is the documentary stamp rate in Miami-Dade? $0.60 per $100 of consideration, plus a $0.45 surtax unless the deed conveys only a single-family residence, condominium unit or cooperative unit.

Does a lady bird deed pay documentary stamps? On an unencumbered property given for no consideration, only the minimum. Whether a mortgage balance is taxable consideration on this instrument is unsettled in Florida.

Does it affect the homestead exemption or Save Our Homes? Properly drafted, no. The owner keeps the life estate and the reserved powers, so nothing changes on the Property Appraiser’s roll while the owner is alive.

Does a spouse have to sign? If the property is the Florida homestead and the owner is married, yes.

Can it be signed online? For most owners, yes: a Florida online notary and two witnesses located in the United States, all by video.

What happens at the owner’s death? Where the deed is valid, its terms provide for it and a named beneficiary is alive to take, the property passes under the deed: the beneficiaries record a certified death certificate and a short affidavit with the same County Recorder, and no probate case is opened for the property.

How much does an attorney-prepared lady bird deed cost in Miami? $675 flat at Lorenzo Law, including the conversation with the attorney, drafting, online notarization, two witnesses, recording fees and the minimum documentary stamp.

Miami-Dade against the other counties

CountyDeed stamp rate per $100SurtaxWho records deedsWhere probate is filed
Miami-Dade$0.60$0.45 on anything but a single residenceClerk of the Court & Comptroller, County Recorder — Soto Justice Center, 5th floorSame building, 6th floor
Broward$0.70NoneRecords, Taxes & Treasury Division — a county department, not a court officerBroward County Courthouse, Fort Lauderdale
Palm Beach$0.70NoneClerk of the Circuit Court & Comptroller — combined with probate in one office; charges per legal descriptionSame office
Hillsborough$0.70NoneClerk of the Circuit Court & Comptroller — three recording countersA different courthouse, two blocks away
Every other county$0.70None — only a county holding a home-rule charter preserved from the 1885 constitution may levy one, and Miami-Dade is the only oneClerk of the Circuit CourtVaries

What a lady bird deed costs here

How much does a lady bird deed cost in Miami?

$675 flat at Lorenzo Law for a standard matter, confirmed after I read the deed your property is currently vested under and before any drafting begins. It is one figure rather than a drafting fee with recording, notary and witness charges added afterwards. The answer to how much is a lady bird deed is usually a range; this is the flat service fee, with any documentary stamp tax above the minimum explained separately before you decide to proceed.

What is included in the $675 flat fee?

Speaking directly with me, reading the deed your property is currently held under, the drafting, online notarization, the two witnesses, the county recording fees, the minimum documentary stamp charge, and the recorded copy coming back to you with its book and page.

What it does not cover is documentary stamp tax above that minimum, which in practice means a property with a mortgage on it. That is a tax rather than a fee, and I work out the figure and explain it before you decide to proceed. The fee also does not include a title search; what I read is the recorded deed that put the property in your name, which is a narrower and more specific job.

What a lady bird deed costs in Florida generally

How much does a lady bird deed cost in Florida generally? Between nothing and about a thousand dollars, and the spread is not about the document. The lady bird deed Florida cost that a search engine quotes is a blend of four different products. A blank form costs under forty dollars, and some sites give one away. Non-lawyer document preparers advertise a finished deed for a couple of hundred dollars, with execution and recording charged on top. Online document services sit in a similar band, with the notary and sometimes the second witness charged separately. Attorney-prepared flat fees in Florida run from roughly three hundred to around eight hundred and fifty. So how much is a lady bird deed cost when a lawyer does it depends on what is inside the figure. Mine is one figure with the notary, the witnesses, the recording and the minimum stamp already inside it.

How much is it to do a lady bird deed, then, is a question about what the lady bird deed Florida fees buy. What the fee buys here is the review that happens before a word is drafted, and the person who will still answer the telephone about it in three years. Whoever you are comparing, the question worth putting to them is what their figure includes and what it leaves to be charged later — and the lady bird deed Florida online cost that the document services quote is worth reading the same way.

Do I need a lawyer to do a lady bird deed in Florida?

Not as a matter of law. Do you need a lawyer for a lady bird deed, do I need a lawyer for lady bird deed preparation, can you do a lady bird deed without an attorney — the answer to all three is that a deed drafted by anyone can be valid. Whether it does what you wanted is a different question, and meeting every formal requirement is entirely compatible with a document that fails.

This is a low-cost legal document with a high cost of failure. The deed is two pages. The consequences of getting the reserved powers, a spouse’s signature or the beneficiary designation wrong are measured in probate fees, litigation or a lost benefit — and none of them surface until the person who could have fixed it has died. Who can prepare a lady bird deed in Florida is therefore the wrong question; anyone can. Who should is the one worth asking. Can a title company prepare a lady bird deed in Florida? A title agent can fill in a deed form as part of a closing, but nobody at a title company will tell you whether the instrument fits your family, and the planning judgment is the part that fails.

Can I do my own lady bird deed in Florida?

You can — the lady bird deed Florida DIY route is open to anyone, and a lady bird deed Florida template is easy to find. If you take it, be most careful about the parts with no blank to fill in: the reserved powers, the alternates if a beneficiary dies first, the legal description taken from the recorded deed rather than the tax bill, and — if you are married and this is your homestead — your spouse’s signature. How to create a lady bird deed correctly is mostly a matter of those four things.

The situations where I would urge you not to do it yourself are narrow and specific: a mortgage, a minor child, a beneficiary on needs-based benefits, a second marriage, a co-owner, a cooperative, a duplex, a property held through a company, an owner who lives abroad, or any doubt about the signer’s capacity. Those are not upsells. They are the fact patterns where a lady bird deed form Florida PDF produces a document that is worse than none.

Is there a Miami-Dade County lady bird deed form?

No. There is no official Miami Dade County lady bird deed form, and the Clerk publishes none. The Recorder records deeds; it does not supply them, and a deed of this kind is not among the forms any Florida clerk administers. There is no state form either, because no statute defines the instrument. Every lady bird deed form Florida sites offer, free or paid, is a private template — including the ones sold county by county with the Recorder’s old Flagler Street address printed on the instructions.

The variety is bewildering. Where can I get a Florida lady bird deed form? From dozens of places, none of them official and no two of them alike: a lady bird deed Florida form PDF free download on one site, a lady bird deed Florida form free printable on the next, a lady bird deed Florida form online sold as a finished document on a third. A free lady bird deed form Florida printable and one that costs forty dollars are both private drafts, and the price tells you nothing about the reserved-powers clause — which is the only part that decides whether the deed does what you wanted. Most of them get the mechanical requirements right, because those parts have blanks and the blanks are obvious. What a template cannot know is what your recorded deed says, how you hold title, whether your spouse must join, whether the property is one residence or two for the surtax, or whether the person you are naming should be receiving the interest directly at all.

If what you want to know is what the document looks like clause by clause — what a free lady bird deed form online Florida services hand out leaves out, and why a lady bird deed Florida form printable is not the same as a deed drafted from your title — my Florida lady bird deed form page walks through it, including the lady bird deed Florida form template most sites copy from.

Where to get a lady bird deed

Where do I get a lady bird deed? There are four routes, set out above: a form, a document preparer, an online service, or an attorney. Where to get a lady bird deed form is the first of those and the least of them, because the form was never the difficult part. How to get a lady bird deed from me is a telephone call, a recorded deed I read, a draft you read, a signing by video, and an electronic recording — the six steps below. The lady bird deed Florida online route that the document services sell is a form with a notary attached; the online route I use is the same notary law with the drafting judgment in front of it. A lady bird deed Florida PDF that someone emails you is where the work starts, not where it ends.

What a failed deed costs, against $675

It is worth being precise about where the saving comes from, because the usual version of the claim is wrong. Florida computes the presumptively reasonable attorney’s fee in a probate administration on the value of the probate estate, and protected homestead is not in that estate at all. So it is not true that this deed saves you a percentage of your house.

What is true is this: because the deed passes the property directly to the named beneficiary at your death, outside the probate process, no probate case is needed for it and no fee is ever calculated on it. The comparison worth making is not $675 against a forty-dollar form, nor one name on a list of lawyers that do lady bird deeds against the next. It is $675 against what happens if the document does not work — a file opened on the sixth floor of the Justice Center, a public record of all of it, and, depending on which proceeding the estate turns out to need, an inventory and a creditor period as well.

How this works, and how long it takes

How to do a lady bird deed with me is six steps. About a week is typical rather than promised — the timing depends on when you are free to sign and on the Recorder’s processing, and most of that week is you reading the draft.

  1. A call, at no charge. You tell me the property address, who is on the deed now, whether you are married, where you actually live, and who you want the property to go to. Fifteen minutes is usually enough; what to have ready is listed below.
  2. I pull your recorded deed from the Miami-Dade Official Records and read it — the legal description, how title is held, and the marital recitals. If the deed predates the online index, that step takes longer, and I will tell you so.
  3. I quote the fee and confirm the scope before any drafting. If something in the recorded deed changes the picture — a second residence on the parcel, a company on title, a spouse who has to join — you hear it then rather than afterwards.
  4. I draft the deed and send it to you to read. Nothing is signed until you have seen it and told me it says what you meant.
  5. You sign. Notarization is handled online and I supply the notary and the two witnesses Florida requires. It suits most owners, but it is not automatic: before anything is scheduled I confirm what your particular signing requires and whether handling it remotely is appropriate for you. Where it is not, we arrange another way.
  6. I electronically record it with the County Recorder and send you the recorded instrument with its book and page and the Clerk’s instrument number.

From the first call to the recorded deed: an illustrative timetable

WhenWhat happensWho does it
Day 1Fifteen-minute call: address, who is on title, marital status, where you live, who inheritsYou and me
Days 1–2Recorded deed pulled from the Official Records and read; fee confirmedMe
Days 2–4Draft sent to you; you read it and tell me it says what you meantYou
Days 4–6Signing by video with a Florida online notary and two United States-located witnesses, or in person where that is the right routeYou, the notary, the witnesses
Next business day after signingDeed submitted for e-recording — that part is my step and my target. The Clerk states that documents submitted by eRecording may take approximately one to three business days to review and process, and that it cannot guarantee same-day recordingMe, then the Recorder
Once the Recorder has processed itRecorded deed with book, page and instrument number sent to you; Property Fraud Alert enrolment suggestedMe, then you
Following FebruaryConfirm with the Property Appraiser that the exemption and the Save Our Homes cap are undisturbed on the rollYou (or me, if asked)
At your deathWhere the deed is valid and a named beneficiary takes under its terms: beneficiaries record a certified death certificate and a short affidavit with the same Recorder, and no probate case is opened for the property. A defect, or a beneficiary who died first, can require moreYour beneficiaries; $475 deed review available

Filing a lady bird deed in Florida

How do I file a lady bird deed? How to file lady bird deed paperwork is the same in every county: two witnesses, a notary, and the recording office of the county where the property is located. Where to file a lady bird deed for a Miami-Dade property is the County Recorder on the fifth floor of the Justice Center, by mail to the Office of County Recorder at 20 NW 1st Avenue, Suite 5.246, or through one of six electronic recording vendors — all set out under recording below. When I prepare the deed, the filing is my job and it is inside the fee.

No trip downtown

My Coral Gables office is a short drive from the Justice Center, and for this work it makes no difference: nobody has to stand at the counter in Suite 5.243. The review happens from the recorded documents, the conversation happens by telephone or video, the signing is arranged around you, and the deed is recorded electronically. The one situation where going in person earns its trip is where a grantor is in declining health and the day the deed reaches the public record matters; in that case I say so and we plan around the counter.

Can I sign a lady bird deed online?

For most owners, yes — the notary and both witnesses can all appear by video. Florida lets you sign a deed from anywhere over a secure video call with a Florida-registered online notary, and the two witnesses a deed needs may appear the same way: § 689.01(2) says the two-witness requirement is satisfied by witnesses present through audio-video technology, and § 117.285 is the rule the online notary follows in supervising them. I supply the notary and the witnesses, from a telephone or a laptop with a working camera and a photo identification, and it is covered by the fee.

Four conditions are worth knowing, because they are what makes the signing valid rather than merely convenient. The notary must be physically in Florida; you do not have to be, and if you are out of state you confirm on the recording that you want Florida law to govern the notarization. Each remote witness must be a United States resident physically located in the United States at the time, and must say so on the recording. Everyone’s identity is verified through the notary’s platform — a government identification, credential analysis and identity questions — not just a face on a screen. And the whole session is recorded and kept for ten years, together with the notary’s journal. Remote signing is not right for every signer. Where the owner may be a vulnerable adult as Florida’s adult-protection statute defines one, I do not use remote witnessing, and certain estate-planning documents carry their own statutory limits on it; before anything is scheduled I confirm what your particular signing requires, and where signing online is not the right answer we arrange another way.

Is an online notary legal in Florida? Yes — remote online notarization has been part of Florida’s notary statute since 2020, the signing I arrange is done under it, and I am not aware of any Florida appellate decision, Attorney General opinion or Clerk practice treating a remotely witnessed or online-notarized deed as invalid or unrecordable. The one recent case to touch an online-notarized deed, Golubtsova v. Budaev, 419 So. 3d 787 (Fla. 3d DCA 2025), came out of this district and let a challenge proceed because the person on the video was allegedly not the owner at all — a fraud claim, which the statute preserves, not a defect in the procedure. There are many online notary services in Miami; the point of doing it through me is that the notary is part of the deed, not a separate errand.

Signing from another country

It can be done, and in this county it is a common call: the owner of a Brickell condominium who lives in Bogotá, a Doral townhouse whose owner spends most of the year in Caracas or Buenos Aires, a Miami Beach unit held by a family in São Paulo. Nothing about the deed turns on where you live. What turns on it is where you will physically be when you sign. The online signing above works from abroad — the law does not care where the signer is — with one limit that matters: the two witnesses must be physically in the United States, so they cannot be people sitting with you overseas. I supply witnesses who are, and the notary, and the recording runs the same way. A signing done entirely in person abroad, before a local notary with an apostille, is a different route with its own requirements, and which one fits is decided on the first call. The section on owners who live elsewhere covers what else changes when the owner is not here.

When a lady bird deed takes effect

It is signed now and recorded now. From that day the people you named hold a remainder interest of record, but it stays subject to your powers, so it takes nothing from you: you keep the life estate, possession, control and the powers to sell, mortgage and revoke. Ownership passes at your death, and only if you have not sold the property or revoked the deed in the meantime. That gap between recording and effect is the whole design: the public record shows your intention from day one, and you keep every right until the last one.

Who does lady bird deeds near me?

A lady bird deed near me, or a lady bird deed attorney near me, puts the question in terms of distance, and distance is the wrong measure for this work. The deed records with the same County Recorder whoever prepares it, so the nearest lawyer is not necessarily the right one. Who does lady bird deeds well is the better question.

What is worth being close to is the county: knowing that a house with a permitted garage apartment crosses the surtax line, that the Recorder and the probate division are one floor apart, that the association in an Aventura tower will ask your family for an estoppel certificate afterwards, and that a deed recorded before 1974 is not in the online index. Those are the things a lady bird deed Miami FL owner cannot judge from a map, and they are the things this page is built around. A lady bird deed Miami Dade County owners sign in Homestead and one signed in Miami Beach record with the same Recorder and cost the same.

One attorney, start to finish

I am a solo practitioner. The person who reads your deed is the person who drafts it, the person at the signing, and the person who answers when you call about it in three years. If you are comparing the firms that come up for a lady bird deed near Miami FL, or whose pages carry the title Miami lady bird deed attorney, that is the difference worth weighing, and it is the reason the fee is what it is rather than lower. You can get lady bird deed Miami reviews from my Google profile rather than taking my word for it. A deed transfer attorney Miami owners hire, or an Aventura deed transfer attorney, is doing this work under another name. What is worth asking whoever you hire is what the fee covers, who personally reads the recorded deed your property is vested under, and who answers the telephone about it in three years.

As a lady bird deed attorney in Florida I take matters statewide. A lady bird deed lawyer Miami owners can reach directly is the same lawyer a family in Fort Lauderdale or Orlando reaches. My Broward County lady bird deed page covers the county to the north, and the lady bird deed attorney hub lists every county page.

What should I have ready for the call?

The current deed if you have it, the folio number, and the latest mortgage statement. With those, most questions are answered on the first call rather than the second.

What to have ready, by property type

Call before you have gathered all of this. The table is what I will eventually want in front of me, not a condition of the first conversation — most of it I can pull myself, and the folio number on its own is usually enough to start.

Property situationWhat to have available, if you have itWhat the review addresses
Primary residenceThe current deed, the latest mortgage statement, who is married to whom, and who actually lives thereHow title is held, the reserved powers, spousal joinder and the minor-child restriction, and who is named to receive it
Deeded condominium unitThe deed, the declaration, recent assessment notices, and any milestone inspection or reserve study the association has sentTitle, the association’s approval and first-refusal provisions, what the unit carries in assessments, and who should receive it
Rental or seasonal homeThe deed, the mortgage statement, how the property is actually used, and whether a company holds itWhich layer applies — no homestead, the 10% cap question, the surtax on what the deed conveys, and whether the lender has to be told
Duplex, or a second dwelling on the lotThe deed, the folio number, and a description of every dwelling on the parcelWhat the instrument conveys, and the rate that follows from it
Cooperative apartmentThe share or membership certificate, the proprietary lease, and the association’s documentsWhether a deed is the right instrument here at all, and what is
Owner signing from another state or countryWhere you expect to be when you sign, your photo identification, and any travel datesWhether the signing can be handled remotely, who the witnesses can be, and what changes when the owner is not a Florida resident

An example: a Brickell unit with a special assessment

A hypothetical, and a common one here. An owner in a Brickell tower wants her son to receive the unit. The building has levied a special assessment for structural work, payable over three years, and more than half of it is still outstanding. The deed itself is the straightforward part. What is not straightforward is what her son would be receiving: the unit, and the unpaid assessments along with it, because a unit owner is liable for what falls due while they own and is jointly liable with the previous owner for the arrears. So the order of work is not deed first. I ask the association for an estoppel certificate, and for the milestone inspection summary and the reserve study, read the declaration for an approval clause or a right of first refusal, and put the figure in front of her before anything is drafted. Sometimes the number changes nothing and the deed is recorded as planned. Sometimes it changes who she names, or persuades her that a different instrument fits the unit better. Either way she decides with the number in hand rather than leaving her son to find it.

An example: an adult child helping a Hialeah parent

Another hypothetical, and the call I take most often. A daughter in another state telephones about her mother’s house in Hialeah. She has found the tax bill but not the deed, and she wants to know what to send. She can be useful without being the client: she can read me the folio number off the bill, put the two of us on a call together, and help with scheduling around her mother’s week. Her mother is the client and the decision-maker. I speak with her mother directly, in Spanish if that is easier, about what she owns and who she wants to have it, and I form my own view about capacity. Helping to arrange the deed does not give the daughter authority to sign it — and if someone proposes to sign as her mother’s agent, I read the power of attorney first, for the reasons on my page about whether a power of attorney can sign a lady bird deed. None of this requires anyone to find the deed before the first call.

Tell me which kind of property it is — your primary home, a seasonal home, a rental, a duplex, or a mix — and everyone who holds title. For a condominium, add the declaration, a recent assessment notice and anything the association has sent about a special assessment or the milestone inspection. If there is an existing will, trust or power of attorney, or an earlier deed that matters, have it to hand. For the signing, I need to know where you expect to be when you sign, any travel dates that affect scheduling, whether you or your spouse lives outside the United States, and whether a family member is helping to coordinate or someone proposes to sign as your agent.

Bring the family facts as well: who would inherit, their ages, where they live, and whether any of them receives needs-based assistance. My preparation checklist lists everything else worth gathering first. Those documents answer the surtax question, the consideration question and the liability question in one conversation rather than three.

How a lady bird deed works in Miami and Miami-Dade County

How does a ladybird deed work? Three things, and each is worth stating exactly, because the differences between them are where the mistakes live — and they are the benefits of lady bird deed planning that every page lists.

You keep control. You can sell the property, rent it, mortgage it, change who receives it, or cancel the arrangement altogether, and you do not need a signature from anyone you named.

The property skips probate. Does a lady bird deed avoid probate? For the property it describes, yes. At your death it passes to the people you named without a case being opened for it in the Eleventh Judicial Circuit. If the deed was drafted and recorded properly, and the people you named are alive and able to take, they record proof of your death with the same Clerk who recorded the deed, and for most families that is the whole procedure. Where something is wrong with the deed or with how title was held, more work is needed, and the rest of this page is about those cases.

Your homestead position is undisturbed. Properly drafted, the deed does not change who is entitled to the homestead exemption, and a deed that lists you as both grantor and grantee is designed to keep the Save Our Homes cap from resetting while you are alive.

Your heirs take a stepped-up basis. Because you keep the property for life and keep the power to revoke, it is valued for income tax purposes at your death rather than at what you paid for it, which for a house bought in Coral Gables or Westchester in the 1980s is the largest number on this page. The tax section below has the detail.

Each of the four depends on the clause that reserves your powers. Where that language is weak, the consequences depend on the defect — a lost benefit, a completed gift, or a remainder that fails — and none of them shows on the face of a document that still records and still looks right.

What is a lady bird deed?

What is a lady bird deed and how does it work, in one paragraph: it is a deed you sign and record now that transfers your property at your death to the person or people you name, while reserving to you the full right to deal with the property in the meantime. From the day it is recorded the people you named hold a remainder interest of record, and it stays subject to your powers: you keep the life estate, possession and control, and ownership passes only at your death. Nobody you named has a say in what you do with the home, and nobody you named can be made to sign anything. That is the lady bird deed meaning in plain words, and the purpose of lady bird deed planning is exactly that gap between signing and effect. Does a lady bird deed go through probate? No — and the question people put the other way, does a lady bird deed have to go through probate, has the same answer for the property the deed describes.

What is a lady bird deed on a house as opposed to a condominium unit? The same instrument, and on the county surtax the same treatment — the exemption reaches a single detached dwelling and a single condominium unit alike. What changes is the association and the paperwork after a death, both covered below. Florida has no statute that creates this deed by name. It works because Florida law lets an owner reserve powers when conveying a future interest, and the deed is drafted to reserve them expressly. That is why the drafting carries more weight here than on an ordinary deed. My Florida lady bird deed guide explains the instrument in full and walks through a Florida lady bird deed example clause by clause; this page is about how it plays out in Miami-Dade County.

“Lady bird deed” and “ladybird deed”

Is it “lady bird deed” or “ladybird deed”? Both, and neither is the legal name. Whether you write lady bird deed or ladybird deed, the County Recorder indexes the same document and the Property Appraiser reads it the same way. The name is a nickname that attached to the instrument decades ago and stuck; the deed itself never uses it. What is a ladybird deed Florida owners are asking about, then, is simply this instrument under its one-word spelling. A Miami lady bird deed and a Miami ladybird deed are the same document with the same fee.

Is an enhanced life estate deed the same thing?

Yes. What is an enhanced life estate deed? This instrument under its formal name. When a title examiner, a lender or the Property Appraiser’s office refers to an enhanced life estate deed Florida owners have recorded, this is the instrument they mean — and a life estate lawyer Miami owners call about one is, for this instrument, the same lawyer as a lady bird deed attorney — and the lady bird deed or enhanced life estate deed question has one answer: same document. “Enhanced” is the operative word. A plain life estate deed splits the property today: you hold a life estate, your children hold a vested remainder, and you cannot sell, mortgage or change your mind without their signatures. The enhancement is the reserved power to do all of that alone. Same family of instrument, opposite consequences — the whole distinction lives in that one clause. Lady bird deed vs enhanced life estate deed compares a thing with itself; the lady bird deed enhanced life estate deed Florida question that actually matters is the plain-versus-enhanced distinction above.

Is a lady bird deed legal in Florida?

Yes. These deeds have been prepared and recorded in Florida for decades, the Recorder here accepts them for recording like any other deed, and title insurers write over them routinely. Where are lady bird deeds legal? Florida is one of a handful of states where the instrument is in everyday use; most states have never adopted it, and several that borrowed the idea use a statutory transfer on death deed instead. There is no Miami-specific version of it either: a lady bird deed Miami Florida owners sign is governed by the same statutes and the same case law as one signed in Tampa or Jacksonville. What varies in Florida is quality, not legality.

A lady bird deed is not a trust

Is a lady bird deed a trust? It is not. A trust is an arrangement in which someone holds property for someone else under written terms; this is a deed, recorded with the County Recorder, that conveys a future interest and reserves powers to you. The two are often weighed against each other, and the comparison has its own section below, but nothing is held for anyone here. You own the property until you die, and then the people you named own it.

When a lady bird deed is a good idea

Is a lady bird deed a good idea? For a Miami-Dade owner whose main asset is the home, whose wishes are simple, and who wants the family to avoid a case on the sixth floor of the Justice Center, usually yes. Is lady bird deed a good idea for everyone? No, and the next two headings say when it is not. The lady bird deed requirements are short and the instrument is inexpensive; the judgment about whether it fits your property and your family is where the value is.

What is the downside of a lady bird deed in Florida?

The pros and cons come in long lists elsewhere. Three cons are real. First, it covers one property and nothing else, so an owner who treats the deed as an estate plan has a plan with a hole in it. Second, if the property carries a mortgage there is an unresolved documentary stamp tax question, set out below, that can run to four figures — and in this county the arithmetic is different again. Third, it hands the property to your beneficiaries outright at your death with no structure around it — if one of them is a spendthrift, receives needs-based benefits, or is in the middle of a divorce, outright is the wrong answer.

In this county I would add a fourth. On a rental or a second property that is not your homestead — a condominium in Brickell you let out, a duplex in Hialeah with a tenant in one side, a unit in Sunny Isles Beach you keep for the winters — nobody can tell you with confidence what recording the deed does to the 10% assessment cap. That question has its own section.

Who should not use one

Several situations where I will tell you this is the wrong tool: you have a minor child and the property is your homestead; you own it with someone else and you do not agree about where it should go; your intended beneficiary receives needs-based benefits and no trust is being used; what you own is a cooperative apartment rather than a deeded unit; the property is titled in a company or a trust rather than in your name; or the property is one asset in an estate complicated enough that a trust does the job better. Do I need a lady bird deed at all, then, is a fair question, and each of those situations comes up below.

Lady bird deed, quitclaim deed, trust or will: the comparison

Is a lady bird deed the same as a life estate? A life estate deed can be either the plain kind or the enhanced kind, and the two behave in opposite ways, which is the whole lady bird deed vs life estate question. The table separates them from the other instruments people weigh against this one.

InstrumentControl while you liveAvoids probateCan you change your mind
Lady bird deedFull — sell, mortgage, revoke aloneYes, for that propertyYes, alone
Quit claim deed to a childLost — they are an owner nowDepends how title is heldNo, not without their signature
Plain life estate deedLimited — cannot sell aloneYes, for that propertyNo, not without their signature
Revocable living trustFullYes, for everything funded into itYes, alone
WillFullNo — a will is a probate documentYes, alone

Is a quit claim deed the same as a lady bird deed?

No, and the difference is the most expensive misunderstanding in this area. A quit claim deed transfers whatever interest you have, now, permanently. Sign one putting your daughter on the title and she is an owner from that day: her creditors can reach the property, her divorce can involve it, she has to sign before you can sell, and you have made a gift with a carryover basis rather than a stepped-up one.

A lady bird deed gives her a remainder interest of record that stays subject to your powers: no present right to possession or control, and no signature needed from her before you sell, mortgage or revoke. A Miami Dade quit claim deed form, or a Miami Dade County quit claim deed PDF free to print, is what people reach for instead, because adding a child to the title feels like the simple way to avoid probate. It is the thing I spend the most time undoing. The lady bird deed vs quit claim deed Florida comparison is on its own page, my lady bird deed vs quit claim deed comparison, side by side.

The Miami-Dade quit claim deed form

There is no official one, for the same reason there is no lady bird deed form: the Recorder records instruments and does not supply them. A Miami Dade County quit claim deed form PDF, and a quit claim deed form Miami Dade County Florida sites sell, are the same private template with the Recorder’s address on the instructions. If a quitclaim is genuinely what you need — between spouses, into a trust, to clear a name off title — my Florida quit claim deed guide covers how to fill one out, and the mechanics are the same mechanics as for the deed on this page: two witnesses, a notary, the Soto Justice Center, and the fees set out below. Where to file a quitclaim deed in Miami-Dade is the same fifth-floor counter or the same e-recording vendors.

Lady bird deed and warranty deed

Those two are not really alternatives. “Warranty” describes what the grantor promises about title, and a lady bird deed is usually drafted as an enhanced life estate warranty deed carrying those same covenants — so a Florida warranty deed example and a lady bird deed can be the same document. What is a warranty deed in Florida, then, in the comparison people mean? An outright transfer now, carrying the grantor’s title promises; when people compare warranty deed vs lady bird deed they generally mean an outright deed conveying the whole title today, and the answer is the same as for a quitclaim: an outright transfer of ownership now, against a remainder interest subject to your retained life estate and reserved powers. If you want to see what one looks like, any warranty deed Florida example on the Recorder’s system shows the covenants in the granting clause; a lady bird deed adds the life estate and the reserved powers to that same shape.

Does Florida have a transfer on death deed?

No, which makes the transfer on death deed vs lady bird deed comparison a comparison with something Florida does not have. A transfer on death deed is a creature of statute in the states that have one, and Florida has not enacted one for real property. What is offered as a transfer on death deed for Miami-Dade County by out-of-state document services is either an out-of-state document or a lady bird deed under a borrowed name. Functionally the two do a similar job. The difference is that here the result comes from reserved powers drafted into the instrument, not from a statute that tells you what the words mean — which is exactly why the drafting matters more in Florida.

Is it better to put your house in a trust or use a lady bird deed?

The lady bird deed vs trust question is the one I hear most after cost, and is a lady bird deed better than a trust has no general answer. Different tools, and the honest answer depends on how much you own and how complicated your family is. The deed handles one property, costs a few hundred dollars, and does nothing about anything else. A trust handles everything you put into it, addresses what happens if you become incapacitated rather than only when you die, can hold land in more than one state — or, with care, in more than one country — and costs several times as much.

If the Miami-Dade property is your main asset and your wishes are simple, the deed is usually the better value. If you own several properties, have a blended family, want assets managed for someone after your death, own property outside the United States, or the 10% cap question on a rental worries you, the trust earns its cost. The full lady bird deed vs living trust comparison is on my lady bird deed versus living trust page. Occasionally the answer is both.

Does a lady bird deed override a will?

For the property it describes, yes. Lady bird deed vs will in Florida is not really a contest, because they do different jobs. A will speaks at death through a probate case; a recorded lady bird deed has already passed the property outside that case, so there is nothing left for the will to give. If your will leaves the house to one child and the deed names another, the deed governs the house. That is a reason to make the two documents agree, not a reason to skip the will — the deed handles one property and nothing else, and a will still names who administers everything else you own. The same goes for the documents that operate while you are alive, a durable power of attorney and a designation of health care surrogate, because this deed does nothing at all about the years before your death.

Condominiums, cooperatives, HOAs and other property types

What you ownDoes a lady bird deed work?
House on land you ownYes
Deeded condominium unitYes — read the declaration first
Home in a homeowners’ associationYes — the deed moves title; assessments follow the house
Unit in a 55+ building or communityYes — check who may live there afterwards
Duplex, or a house with a second residence on the lotYes — with the surtax
Single rented or seasonal house or condominium unitYes — no homestead layer; the surtax still turns on what the deed conveys, not on who lives there
Commercial or mixed-use propertyYes, without the homestead layer, with the surtax
Vacant landYes, with the surtax
Property titled in an LLC or a trustNot in your own name — the record owner has to sign
Cooperative apartmentNo — assign the shares and lease; undecided in Florida

Who pays the condominium assessments after the owner dies?

The remainder beneficiary, jointly with the estate. § 718.116 makes a unit owner liable for assessments falling due while they own, and joint and several with the previous owner for arrears; § 720.3085 does the same for a homeowners’ association.

This deserves more attention in Miami-Dade than it gets anywhere else, because of what the tax roll looks like. Of 938,920 real estate parcels on the county’s 2025 roll, 391,062 — 41.7% — are condominium units and 389,484 are single-family homes. Condominiums are not a special case here. They are the largest single category of property in the county, narrowly ahead of houses. So when the remainder vests at death, the beneficiary takes the unit and takes the unpaid assessments with it — regular assessments and any special assessment the association has levied, including the ones many buildings along Collins Avenue and in Brickell have levied to fund structural work. The estoppel certificate is the tool for finding out the number, and an association that understates it is bound by what it wrote. A beneficiary who accepts a unit without ever asking for one is accepting an unknown liability along with the property.

None of that is an argument against the deed. It is an argument for knowing the figure before the deed is drafted, because if the number is large enough the right answer may be a different instrument altogether.

If the property is a condominium, there is a point nobody warns about and it costs more than any approval question. Under section 718.116(1)(a) a unit owner is liable for assessments regardless of how title was acquired, and is jointly and severally liable with the previous owner for everything unpaid up to the transfer of title. In Coastal Creek Condominium Association v. FLA Trust Services LLC, 275 So. 3d 836 (Fla. 1st DCA 2019), the First District held that this reaches unpaid assessments going back beyond the immediate prior owner. Your beneficiary inherits that liability with the unit and has thirty days after the transfer of title to pay it. Section 718.116(1)(c) is where that thirty-day clock sits, and it belongs to condominiums alone. In a homeowners’ association, section 720.3085(2) makes the new owner jointly and severally liable for what the previous owner left unpaid, but it sets no thirty-day deadline. Whoever takes the unit should ask for an estoppel certificate straight away.

Does the association have to hand over the milestone inspection first?

Not as a condition of the deed. Nothing has to be attached to it for it to record, and the resale disclosure package is a separate matter: § 718.503 triggers that package on contracts for resale of a residential unit, and a gift is not a resale. That is not the same as saying the documents are out of reach. You are the unit owner today, and the milestone inspection and the reserve study are worth obtaining and reading before you decide who should inherit the unit — so ask the association for them in writing. What the association owes a unit owner is set by the condominium statutes, on its own timetable, and has nothing to do with the deed or with recording it. Two duties are worth knowing by number. Under § 553.899(9) the association must send every unit owner a copy of the inspector’s summary of the milestone inspection within 45 days of receiving the report — regardless of what the report found — by mail or personal delivery, and by email to owners who have consented to electronic notice, as well as posting it on the property and on the association’s website where it is required to keep one. Separately, under § 718.111(12) the inspection reports are official records the association must keep for fifteen years and open to any member on request, with the right to make copies, and it may not ask why you want them. If it does not produce them within ten working days of a written request, the statute presumes the refusal willful and puts damages of $50 a day, up to ten days, behind the request. So if you are the owner today, you are entitled to the report whether or not anyone sends it to you, and a written request is the whole procedure.

The two statutes behind those documents are worth knowing by name. § 553.899 requires a milestone inspection of condominium buildings three habitable stories or taller by the end of the year the building turns thirty, with a local enforcement agency able to require it earlier where local circumstances justify it — a question for the building’s own jurisdiction rather than a rule that follows the coastline. § 718.112 requires the reserve study on the same class of buildings and stops owner-controlled associations from voting to underfund the items it covers.

A family receiving a unit by deed inherits everything those two statutes are about, and the convenience of a transfer that carries no disclosure package with it is also the gap: nobody is handed the paperwork describing the building. Asking for it costs nothing and occasionally changes the plan entirely.

Does my condominium association have to approve the deed?

Nothing happens while you are alive — no possession moves and no unit changes hands — so there is ordinarily no condo association approval to seek at signing. The open question is what happens at your death. Many declarations carve out transfers occurring at death or by operation of law, and where yours does, the association has nothing to approve. Where it does not, the association has an argument, and no Florida appellate court has decided whether an approval clause or a right of first refusal can reach a transfer under a deed like this. So I ask for the declaration before recording rather than telling you it does not apply. The towers in Aventura and Brickell, the older buildings in Bal Harbour and Bay Harbor Islands, and the mid-rises in Kendall all have one, and they do not all say the same thing. Whoever inherits should expect the association to want a death certificate, the recorded deed and its own forms before it updates its books.

A 55+ building or community

The deed works there as it does anywhere. Age-restricted communities regulate who may live in a unit, and whether a forty-year-old heir may move in, rent it out, or must sell is answered by the community’s governing documents rather than by the deed. It is worth knowing before you name someone who is counting on living there.

Can I use a lady bird deed for a co-op?

This is the hard case, and Miami-Dade has more of them than most counties — the older cooperative buildings on Miami Beach, in North Bay Village and along Biscayne Bay are the tell. Florida law treats an interest in a cooperative unit as an interest in real property, and for surtax purposes a cooperative unit held through stock ownership is a single-family residence, but what you actually hold is shares or a membership in the corporation together with a proprietary lease, and legal title to the building sits with the corporation. Transfer happens by assignment of the shares and the lease, subject to board approval. No Florida statute, rule or decision addresses whether a lady bird deed can be used for a co-op at all. So it is not the right tool, and if you own one the planning belongs in a different document.

Duplexes, garage apartments and efficiencies

Hialeah, Little Havana, Westchester and the older parts of the City of Miami carry an unusually large stock of duplexes and houses with a second residence on the lot — a permitted garage apartment, an efficiency behind the house, a second address on the same folio. The deed works on all of them. What changes is the surtax: a deed conveying more than one residence pays $1.05 per hundred rather than $0.60, and a house with a permitted second unit is on the wrong side of that line even if the family thinks of it as one home. An unpermitted addition raises a different question, about the county and not the deed, and I would rather you know that before the property passes to a child who then has to deal with it. Where one side is your homestead and the other is rented, say so on the first call; the homestead layer and the surtax layer both need reading.

Vacant land, commercial property and short-term rentals

The instrument is not limited to a house. A lot in the Redland, a warehouse bay in Doral, a small commercial building in Little Haiti or a unit let by the week through Airbnb in Miami Beach can pass the same way, and none of the homestead layer applies to any of them. The surtax is a separate question, and renting the property out does not answer it: the exemption turns on what the deed conveys, so a deed of the vacant lot or the warehouse bay is taxed at $1.05 per hundred on any consideration the deed is taxed on, while a deed of one residence — including a unit you let out — is within the exemption. The Department of Revenue settled the hardest version of that question in a 2008 technical assistance advisement on a 286-unit hotel-condominium whose own prospectus forbade owners from making a permanent residence of their units and allowed only transient letting by the day, the week or the month. The sale of each unit was still exempt, because the exemption follows what the governing documents make the unit, not what the owner does with it. The only line that does bite was drawn by Miami-Dade’s own appellate court in PBP Holdings, Inc. v. Department of Revenue, 550 So. 2d 127 (Fla. 3d DCA 1989): a single clerk’s deed covering 158 separate condominium units bought at a foreclosure sale was outside the exemption, because the exemption reaches a document conveying one single-family residence and not a document conveying many. One unit is one unit, whether it is your home, a year-round tenancy or a listing let by the week. Two further cautions. The federal rule that restrains a lender from calling a loan due on certain family transfers is written for residential property of fewer than five units, so a mortgaged commercial parcel needs its loan documents read first. And a short-term rental is a rental for every purpose on this page — check the association’s and the city’s rental rules as well, because whoever inherits will be bound by them, and in Miami Beach those rules are strict.

Property already in an LLC or a trust

You are not the owner of record in that case, and a deed has to come from whoever is. If the property is titled in your revocable trust, the trust is already doing this job and a lady bird deed on top of it adds nothing. If it is titled in a limited liability company — and a great deal of Doral, Brickell and Sunny Isles property bought by owners from abroad is — the company holds the land. A member has no interest in any specific company property, a deed you sign in your own name does not convey it, and what you own is the membership interest, which is personal property and belongs in a different document. People sometimes ask me to move a unit out of an LLC so that it can pass by deed. That can be done, but it gives up whatever the company was set up to achieve, so it is a conversation rather than a form.

If the property is already held by a trust or an LLC, one drafting point decides whether the deed works at all. A trust is not a legal entity in Florida, so the deed names the trustee rather than the trust. An LLC is different: it is a legal entity and holds title in its own name, so what matters there is that the right person signs for it, in the right capacity. If you are considering moving your home into an LLC, know what it costs: the Florida Constitution exempts homestead owned by a natural person, so a residence titled in a company has no protection from forced sale, no homestead exemption and no Save Our Homes cap. And it must identify the trust by name and date: under section 689.07 a deed that adds only the word trustee, without naming the trust or its date, hands the trustee the property in fee simple with full power to sell and encumber it — the opposite of what was intended, and a problem nobody notices until the property is being sold. The fee-simple result is not automatic, though. The presumption gives way where the deed shows in some other way that a trust was intended, or where a declaration of trust by that trustee is already recorded in the county: Raborn v. Menotte, 974 So. 2d 328 (Fla. 2008). Subsection (4) also lets a beneficiary enforce the trust against the trustee whether or not the trust was recorded first. That protection has a limit worth knowing: a buyer or lender who deals with the trustee for value, without notice of the trust, before the declaration of trust is recorded in the county, takes free and clear of the beneficiaries.

Signing: witnesses, notary and what the Recorder checks

Does a lady bird deed need to be notarized?

Yes, and witnessed. The lady bird deed Florida requirements are the requirements for any deed: Section 689.01 requires two subscribing witnesses, and § 695.03 requires a proper acknowledgment before a notary or other authorized officer. The Recorder’s own list adds the practical version of the same rule: an original document, signed by the owner, two witnesses who are not parties to the transaction, a full notarial acknowledgment, the preparer’s name and address, and addresses for both grantor and grantee.

A notary is not without responsibility in this. Under section 117.107(5) a Florida notary has a duty to refuse to notarize if it appears the signer is not mentally capable of understanding the nature and effect of the document. But that duty is a floor, not a legal assessment. Nobody at the notary’s desk is weighing whether you have the capacity to make this particular disposition, and nobody there is building the record that defends it if someone challenges it years afterwards.

Who signs the deed, and who does not

The owner, as grantor. If the owner is married and the property is the Florida homestead, the spouse signs too; that question has its own section below. The people you name do not sign, do not have to know, and cannot be made to appear. Two witnesses and a notary complete the execution. A deed with a missing witness address, an unsigned second witness line, or an acknowledgment that names the wrong person is the kind of thing the Recorder catches on a good day and records on a bad one.

Signature and formatting requirements

The Miami Dade County deed recording requirements are the statutory ones. Since 1 January 2024, § 695.26 has required the printed name of each person signing — grantor, witnesses and notary — with a post-office address for the grantor and, since that date, for each witness, the preparer to be identified on the face of the instrument, a 3-inch by 3-inch square of clear space in the upper right corner of page one, and a one-by-three-inch strip in the same corner of every page after. Documents that require two witnesses must carry the name and the post-office address of each witness, legibly printed, typewritten or stamped — a lady bird deed Florida sample that leaves out the witness addresses is rejected on that ground alone. A Miami Dade County recording requirements checklist is, in the end, that statute plus the Recorder’s list above.

What the Recorder will not check

Whether the deed works — or whether a lady bird deed Florida form download was filled in correctly. The recording desk, and the software the e-recording vendors use, validate page size, margins, legibility and whether the fees tendered match the fees due, and a Miami Dade quit claim deed form PDF gets the same review as a drafted deed: format only. Whether the person signing held the legal power to convey, whether a spouse needed to join, whether the property is one residence or two for surtax purposes, and whether the reserved powers are drafted strongly enough are not things anyone at the counter inspects, and no rejection notice will ever raise them. An electronic rejection notice is a formatting document. It has never once been a title opinion. Recording a defective instrument produces a defective instrument with a stamp on it.

Why the Recorder rejects a deed

Formatting rather than substance: a document that does not meet the statutory requirements, missing information, fees, signatures or notary details, a photocopy instead of an original, illegible text, or a non-standard page size. A rejected deed is returned rather than recorded, which means that on the day you thought it was in the public record it was in an envelope. When a recorded copy comes back, read the book and page stamp rather than filing it unopened.

Fixing a recorded deed with a mistake

You do not edit a recorded instrument. The correction is a new document recorded on top of it — ordinarily a corrective deed that recites the book and page of the original, identifies the error, and restates the conveyance correctly, at the same recording charges.

The line is narrower than people expect. Florida’s statutory cure for a scrivener’s error, § 689.041, covers only a single error in the legal description, in a short list of categories. It does not reach names, the type of interest conveyed, or who takes the remainder. A re-signed corrective deed can fix a genuinely minor slip such as a misspelled name. A material error — one that changes who inherits, the nature of the interest, or your retained powers — requires review before any corrective document is signed. Depending on the defect, the powers you reserved and the interests involved by then, the answer may be a new or corrective instrument, an applicable statutory curative procedure, or court proceedings — which is what happened in Hirschenson v. Compu-Link Corp. of Michigan, 389 So. 3d 574 (Fla. 3d DCA 2023), a Third District case — the appellate court for Miami-Dade — in which a single word in the retained-powers clause of a lady bird deed had to be corrected by a judge. A corrective deed needs the person who signed the original, so once they have died the options narrow sharply — which is one more reason to have the deed read while they are able to sign. Bring me the recorded copy before signing anything new.

Recording is what makes the deed good against the world

Does a lady bird deed have to be recorded? In practical terms, yes. Under § 695.01 a conveyance that never reaches the official records gives way to creditors and to anyone who later buys the property without notice of it. An unrecorded deed in a drawer is an invitation to exactly the dispute the deed was meant to prevent. Are deeds public record in Florida? Yes — once recorded it is a public record, searchable by anyone, like every other deed in the county.

Record it right away

People sometimes sign a deed — often a free Florida lady bird deed form PDF printed at home — and hold it back, meaning to record it later or leaving it for the family to find. That throws away most of what the deed is for. A deed that surfaces for the first time after the owner has died is the one relatives challenge, the one a title examiner questions, and the one that can lose to somebody who dealt with the property in the meantime without knowing it existed. When I prepare one, recording is my job and it happens as soon as the signing is done.

Where and how a deed is recorded in Miami-Dade County

Where do I record a lady bird deed in Miami-Dade County?

With the County Recorder, which is a division of the Clerk of the Court and Comptroller, on the fifth floor of the Osvaldo N. Soto Miami-Dade Justice Center at 20 NW 1st Avenue in downtown Miami. Every lady bird deed Miami-Dade owners sign ends up there, whoever prepares it — a Miami Dade lady bird deed has one Recorder. Recording costs $10.00 for the first page and $8.50 for each page after it, so a typical two-page deed is $18.50, and the deed carries the minimum documentary stamp unless a mortgage is on the property. Where to record a deed in Miami Dade is therefore one address, one counter, one mailing suite and six e-recording vendors, and the rest of this section is the detail of each.

The Justice Center opened in November 2025 and succeeded the 1928 courthouse on Flagler Street. That matters because a good deal of what is still published online, deed forms sold county by county among it, sends you to the Recorder’s old counter at Courthouse East on NW First Street or to a probate division at 73 West Flagler. Neither is where the offices are now. The Clerk’s own Official Records page names the Justice Center, publishes Suite 5.246 as the address for recordings sent by mail — Office of County Recorder, 20 NW 1st Avenue, Suite 5.246, Miami, Florida 33128 — and lists the Recorder’s telephone as (305) 275-1155, with cocoffrec@miamidade.gov for questions.

Suite 5.246 is the mailing address and Suite 5.243 the walk-in office. Telephone (305) 275-1155 before making the trip: the Official Records page publishes no counter hours, and the building’s hours and the court’s are not the same thing.

Deeds on five, probate on six

The Recorder is on the fifth floor and the probate division on the sixth, which puts the office that records the deed and the court that opens the estate one elevator ride apart. Palm Beach County achieves the same thing with a single combined office; Orange County does the opposite, splitting recording to the Comptroller on one street and probate to the Clerk on another. Miami-Dade lands between the two — one address, two divisions, two telephone numbers. The Clerk’s probate counter, in Suite 6.223, keeps hours of 9 to 4 while the court itself sits 8 to 5; the Recorder’s counter, as noted, publishes none, so the two floors do not necessarily keep the same day.

There is no Miami-Dade County recorder of deeds or register of deeds

No office by either name exists here, and the search is a trap for a second reason here. People who have moved to Miami from the Northeast, the Midwest or another country look for the Miami Dade County recorder of deeds, the Miami Dade register of deeds, a Miami Dade registry of deeds, or a Miami FL recorder of deeds, because that is what the office was called at home. Florida has no such officer. In nearly every Florida county the recording function belongs to the Clerk of the Circuit Court — Broward is the exception, where it sits in a county department rather than with a court officer — and here it is the Clerk of the Court and Comptroller — Juan Fernandez-Barquin holds the office — acting through its County Recorder. The Miami Dade County recorder’s office is that division on the fifth floor; there is no separate deeds office for Hialeah, Miami Beach or any other city in the county.

The second trap is the name. Miami county recorder fees is an Ohio, Indiana or Kansas question — each of those states has a Miami County; Florida has none, and the county here is Miami-Dade — named for Major Francis Dade and renamed from Dade County in 1997, for anyone who has ever wondered what the “Dade” in Miami-Dade means. A lady bird deed Miami Dade County owners sign is recorded in this building under Florida law; nothing on an Ohio recorder’s site applies to it.

How to record a deed in Miami-Dade County by mail

How to record a document in Miami Dade County without walking in: the original deed, payment for the recording fee and any documentary stamps, and a self-addressed stamped envelope for the return, mailed to the Office of County Recorder at Suite 5.246. The Recorder’s list of requirements says a mailed deed must be an original, signed by the owner, with two witnesses not related to the transaction, a full notarial acknowledgment, the preparer’s name and address, and addresses for both parties; it also lists a property transfer form among the items that accompany a deed, which is worth asking the Recorder about when you call, because it is not a form most people have heard of. A deed that arrives without the return envelope gets recorded and then does not come back. Nobody who mails a deed for the first time knows this, and the Clerk’s page says it in one line.

Can the deed be e-recorded in Miami-Dade?

Yes, through six approved vendors. Corporation Service Company, e-Docs Solutions, eRecording Partners, Hopdox, Simplifile and Swift-E Recording all submit to this Recorder, and Miami Dade e recording runs entirely through them — there is no direct public channel, and a homeowner with one document does not open an account with a vendor built for title companies. It is how I file, and it is inside the fee.

The Clerk is careful to say it cannot recommend between the vendors. What vendor software checks is page size, margins, legibility and whether the fees tendered match the fees due. It does not check whether the person signing had the power to convey what the deed says they are conveying, and it does not check whether the property is one residence or two for surtax purposes. Miami Dade erecording, in other words, is a delivery mechanism, not a review. How long does it take to record a deed in Florida depends on the county and the route; here the Clerk states that eRecording may take approximately one to three business days to review and process, with no same-day guarantee, and a mailed deed takes as long as the post and the queue on top of that.

What recording costs here

How much does it cost to record a deed in Miami-Dade County?

Ten dollars for page one, then $8.50 a page. The Miami Dade County deed recording fees are set by statute, not by the county. Names past the first four are indexed at a dollar apiece. How much does it cost to record a deed in Miami Dade County, then? An ordinary two-page deed with two names comes to $18.50, and the $675 covers it. Miami-Dade does not charge per legal description, which Palm Beach County does, and there is no county transfer tax on top — Florida has documentary stamps instead, set out below.

ChargeAmount
First page, § 28.24 base plus statutory add-ons$10.00
Each later page$8.50
Each name indexed beyond the first four$1.00
Name search, per name and year searched$2.00
Copy from the Official Records$1.00 per page
Certifying a copy$2.00 per document
Documentary stamps on the deed$0.60 per $100 of consideration
Surtax, where the deed conveys other than a single residence$0.45 per $100 of consideration

Those are not local figures, and it is worth knowing where they come from. § 28.24 builds the first page out of a $5.00 base, $1.00 for the Public Records Modernization Trust Fund and a $4.00 court technology charge. Each later page is $4.00 plus $0.50 plus $4.00. Miami-Dade charges exactly the statutory maximum, which is why the Miami Dade County FL recording fee schedule matches Broward, Palm Beach and Hillsborough to the cent and why a Miami Dade County clerk of court recording fees search and a Broward one return the same figures. What is different here is the stamp, not the fee.

The Miami-Dade recording fee calculator question

The arithmetic is simple enough that you do not need one: $10.00 plus $8.50 for each page after the first, plus a dollar for each name past four. A Miami Dade recording fee calculator and a Miami Dade County recording fee calculator both price the pages accurately enough; what neither can judge on this instrument is the documentary stamps, and the stamps are the number that matters. The Miami Dade County recording fees calculator built into the deed-form sites applies the $0.60 rate to whatever consideration you type in. The Miami Dade recording fees calculator I use is a conversation about whether the consideration is nominal or the mortgage balance, and only then the multiplication. The recording charge on a deed is small change; the stamp is not, which is the reverse of what most people assume when they compare quotes.

Documentary stamps in Miami-Dade: the sixty-cent rate and the forty-five-cent surtax

Documentary stamp tax in Florida, defined

Florida’s tax on the transfer of real estate. It is not a county charge and it is not a fee; it is a state tax measured by the consideration for the conveyance, collected by the Clerk when the deed is recorded and remitted to Tallahassee. Is there transfer tax in Florida? Not under that name — Miami Dade transfer tax and Miami Dade real estate transfer tax both mean documentary stamps, which are what Florida has instead, and a Miami Dade transfer tax calculator is a doc stamp calculator under another label. Who pays doc stamps in Florida? On a sale, by custom, the seller; on a deed like this one there is no seller, and whoever records the deed pays whatever is due at the counter. Who pays transfer taxes in Florida is therefore the same answer: the person presenting the deed, which when I prepare it is me, out of the fee, up to the minimum.

Why is the documentary stamp rate lower here?

Because of a 1983 local option no other county took. Miami-Dade implemented Chapter 83-220, and a later statewide ten-cent increase was written so that it does not reach counties that did.

§ 201.02 sets the rate at seventy cents on each $100 of consideration for deeds and other instruments conveying an interest in real property. Then § 201.0205 carves out the ten-cent increase added in 1992 for any county that had implemented the 1983 chapter. Miami-Dade is the only one. Seventy minus ten leaves sixty, and the Department of Revenue and its own rule both state the sixty-cent figure for this county in plain terms. So how much are doc stamps in Florida? Seventy cents per hundred everywhere but here, and here the figure a Miami Dade documentary stamp tax calculator applies to a deed is sixty — the beginning of the calculation rather than the end of it. The rate is lower; whether the bill is lower depends entirely on the next question.

When does the 45-cent surtax apply?

When the deed conveys anything other than one residence. A house is exempt. A condominium unit is exempt by name. A duplex is not.

§ 125.0167 authorizes a discretionary surtax of up to forty-five cents per $100, levied under § 201.031, and then removes it from any document where “the interest granted, assigned, transferred, or conveyed involves only a single-family residence.” The statute goes on to say that such a residence may be a condominium unit, a cooperative unit held through stock ownership, or a detached dwelling. The Department of Revenue’s rule repeats the point and adds the limit that matters: where a document conveys more than one single-family residence, the tax is due. That is the whole Miami Dade surtax rate question: the Miami Dade County surtax on real estate is forty-five cents per hundred, and the Miami Dade surtax on deeds falls away only when the deed conveys a single residence and nothing else.

What the deed conveysSurtaxRate on each $100
Detached houseNo$0.60
Condominium unitNo — named in the statute$0.60
Cooperative unitNo$0.60
Duplex, or two homes in one deedYes$1.05
Vacant land, commercial, anything elseYes$1.05

Read the bottom two rows again. On a transfer that falls outside the exemption, Miami-Dade charges $1.05 per $100 — half again what every other county in Florida charges. The county is cheaper on the ordinary case and dearer on everything else, and a deed drafted without noticing which side of that line the property sits on gets the number wrong in whichever direction hurts.

The practical trap is the parcel that looks like one home and is not. A house with a permitted garage apartment, a lot carrying two addresses, a pair of units conveyed together to save a trip to the counter, a Hialeah duplex with the family in one side and a tenant in the other: each of those pushes the instrument across the line. Splitting a two-property transfer into two deeds is not always possible and is not always cheaper once recording is counted, but it is a question worth asking before anything is signed rather than after.

One piece of context worth having: the surtax is not a penalty. It funds the county’s Affordable Housing Surtax Program, which has been in place since 1984 and pays for second mortgages and rental construction for lower-income families across the county. That is why the county keeps the sixty-and-forty-five arrangement rather than reverting to the state’s flat seventy, and why a Miami Dade surtax 2026 search returns grant application pages alongside the tax — they are the two ends of the same money.

How to calculate doc stamps in Florida on a lady bird deed

Multiply the taxable consideration by the rate, rounding the consideration up to the next hundred. On an unencumbered property given for no consideration, that is the minimum, and it is inside my fee. The difficulty on this instrument is never the rate; it is what the consideration is, and that is the next heading. A Miami Dade doc stamps calculator applies the rate to whatever figure you type in; it cannot tell you whether the figure should be zero, the mortgage balance, or something between. Florida doc stamps on lady bird deed transfers are therefore a judgment about consideration first and arithmetic second, and a Miami Dade doc stamp calculator only does the second part — as does a Miami Dade County recording fee calculator, which prices the pages and not the stamp.

PropertyConsideration for the calculationDocumentary stamps at recording
Paid-off house or condominium unit, no consideration recitedNoneThe minimum — inside the $675
House or condominium unit carrying a $300,000 mortgageUnsettled for this instrument — see below; $300,000 if the Department’s general rule appliesUp to $1,800 at $0.60
Duplex carrying a $300,000 mortgageSame question, plus the surtaxUp to $3,150 at $1.05

Does an outstanding mortgage change the tax?

It may, and this is the one figure on the page I am not going to state as a certainty. Most people approach one of these deeds expecting the tax to be trivial, because nothing is being bought. On an unmortgaged property that expectation is right: a transfer for love and affection and ten dollars is taxed on a nominal figure.

Where a mortgage is outstanding, § 201.02 counts the unpaid balance as consideration even though nobody pays anything and nobody assumes the debt. On an ordinary gift or quitclaim deed that rule is settled, and it turns a transfer where no money changes hands into a taxable conveyance measured by the debt. The figures below are what a gift or quitclaim deed of a mortgaged Miami-Dade property costs, and they are what a Miami Dade deed doc stamp calculator will show you if you enter the balance.

Mortgage balance at transferHouse or condo, at $0.60Duplex, at $1.05
$200,000$1,200$2,100
$400,000$2,400$4,200
$650,000$3,900$6,825

Whether that rule reaches a lady bird deed is a different question, and it is open. The Department of Revenue’s position, in a technical assistance advisement issued to one taxpayer, is that these deeds transfer no present beneficial interest and are therefore not taxable. No Florida appellate court has decided whether that holds on mortgaged property, the Department has never written a rule addressing these deeds, and its rules were amended in January 2026 without adding one. In practice, clerks record them with the minimum. If your home is financed, tell me at the start — that conversation belongs before the deed is drafted, not after it is recorded.

Any stamps above the minimum are a state tax collected at the counter, and they sit outside the $675 — which pays for reading the recorded deed, drafting the instrument, the notary and witnesses, the recording, and the minimum stamp, not for a tax the Clerk collects on behalf of Tallahassee. Anyone quoting a Miami-Dade lady bird deed as a single all-in number without first asking whether the property carries a mortgage has not yet asked the question that determines the bill.

There is a further wrinkle worth stating rather than glossing. Under § 213.22 an advisement of that kind reaches no further than the person who applied for one, and no further than the transaction they asked about. Persuasive, yes. A rule, no. On a mortgaged property that gap between the two is where somebody could actually lose money. So I do not publish a figure. On a mortgaged property I tell you what the Department would most likely assess, tell you plainly that the calculation is unsettled, and recommend a written tax opinion before recording if the balance is large enough to matter. On a paid-off house the tax is nominal and the whole issue disappears.

Can you do a lady bird deed if you have a mortgage?

Yes. A mortgage does not prevent the deed; a lady bird deed on mortgaged property Florida owners sign is routine. What a lady bird deed with mortgage debt still outstanding changes is two things: the documentary stamp figure above, and whether your lender could react. A home equity line counts here as well. A HELOC is secured by a recorded mortgage, so raise it on the first call the same way. For the tax on a deed, what counts is the balance outstanding when the deed is recorded, not the credit limit. Can you have a lady bird deed with a mortgage and refinance later? Yes; you kept the power to mortgage without anyone’s consent, and where a lender unfamiliar with the instrument asks the beneficiaries to sign anyway, a short letter usually resolves it.

Will the bank call the loan due?

It may be entitled to. I have not seen a Florida lender accelerate a loan over one of these deeds, but that is experience, and the legal position underneath it is less comfortable than most pages admit. The federal Garn-St. Germain Act, at 12 U.S.C. § 1701j-3, lists the transfers on which a lender may not enforce a due-on-sale clause, and recording a lady bird deed during your lifetime does not fall within any of them. What makes the practical risk low is that a lender gains nothing by acting: you still live there, you still own it, and you still owe the debt.

Your beneficiaries are protected at your death only if they are relatives who will occupy the property. An adult child in another state or another country who intends to sell or rent a mortgaged Kendall house should expect to deal with the loan promptly.

Does a lady bird deed work with a reverse mortgage?

A lady bird deed with reverse mortgage financing on the home is the combination to stop on before you record anything, and tell me. A federally insured reverse mortgage runs on 24 C.F.R. § 206.27, under which the balance becomes due if the borrower conveys all of their title — and a borrower who keeps a life estate has not done that. So the deed does not, by itself, mature the loan. The exposure is elsewhere: these loan documents routinely require the lender’s consent before any conveyance, and recording without it can be a breach. Get the lender’s written consent first. Not afterwards. The lady bird deed reverse mortgage question is the first one I ask an older owner in Westchester or Kendall, because it is the one that cannot be fixed after recording.

Finding your deed, and keeping an eye on it

How do I get a copy of my deed in Miami-Dade County?

From the Clerk’s County Recorder’s Official Records online system. The common mistake, for anyone asking how do I get a copy of my deed in Miami Dade County, is to go to the Property Appraiser’s site, which does not hold the deed. The Recorder’s search runs by name, because the Official Records are indexed by the parties to each instrument: search your own name, open the most recent deed into it, and read the whole image, including any exhibit carrying the legal description. A Miami Dade official records search by name is the route to the document; a Miami Dade deed search by address is the Appraiser’s tool, and it will show you who the roll says owns the parcel and the folio number, but not the deed itself.

The Miami Dade clerk of court recording fees table above covers the deed going in; coming out, a plain copy is a dollar a page and certification is two dollars more per document, with a two-dollar charge per name and year searched if you ask the Clerk to find it for you. Recorded documents older than 1974 are not in the online system and can be obtained only in person or by mail; the Clerk’s certified copies page directs mailed requests to Miami-Dade County, P.O. Box 011711, Flagler Station, Miami, FL 33101, with the book and page, the recording year, the party names, the document type, a self-addressed stamped envelope and payment. How do I get a copy of my property deed in Miami Dade County if I bought before 1974, then, is a mail-or-counter question, and it is the reason a Coral Gables or Miami Shores title from the 1960s takes longer to read. How do I get a copy of my deed at all if none of that appeals? You do not have to do any of it. If you cannot find your deed, I pull it, and that is inside the fee.

Clerk’s records and Property Appraiser’s records are two different systems

The distinction confuses people constantly. The Miami-Dade Property Appraiser’s search is indexed by address, by owner and by the thirteen-digit folio number, and tells you the assessed value, the exemptions on the roll and who that office believes owns the property. The Clerk’s Miami Dade official records tell you what was actually recorded and when. For your deed you need the Clerk; a Miami Dade deed search, a Miami Dade property deed search, a Miami Dade warranty deed search and a Miami Dade deed lookup all mean the Recorder’s system. For your homestead status you need the Appraiser. The legal description on a new deed comes from the recorded deed, never from the Appraiser’s summary, which is an abbreviated entry built for tax assessment.

Two disambiguations while you are there. Miami Dade tax deed sales are the Clerk’s auction of properties sold for unpaid taxes, and have nothing to do with this instrument. And a Miami Dade title search is a different job again: a full chain search is title work, the thing a title company or examiner does before a closing. It is not what I do and it is not part of a deed fee. If your situation calls for one, I will say so and tell you who does them.

Should I sign up for the Clerk’s Property Fraud Alert?

Yes, and the day your deed is recorded is a sensible day to do it. The Miami Dade property fraud alert is a free service from the Clerk of the Court and Comptroller. You register the folio number of your property and an email address, and the Clerk emails you within twenty-four hours whenever a deed is recorded into the Official Records against that folio. The alert tells you a document has recorded; you look it up in the online system from there.

It notifies; it does not prevent. But a forged deed is far easier to deal with in its first week than in its third year, and an owner who lives abroad for most of the year, or a Miami Beach widow whose children are in another country, is exactly the person a forger counts on not noticing. Deed fraud is common enough here that the Clerk publishes quiet-title complaint forms for a forged deed and for a wild deed, and the Property Appraiser answers on (305) 375-4064 when an owner discovers a change on the roll that they did not make. Each owner registers separately on the Clerk’s Property Fraud page; the Miami Dade clerk of courts property fraud alert is folio-based, so an owner with two parcels registers twice, and a Miami Dade deed fraud alert on one folio says nothing about the other.

Homestead: the exemption, the spouse, and the Property Appraiser

Miami-Dade Property AppraiserDetail
Main officeStephen P. Clark Center, 111 NW 1st St., Suite 710, Miami · (305) 375-4712 · weekdays until 5 p.m.
South Dade branch10710 SW 211th St., Suite 207, Cutler Bay · (305) 232-3810
Property AppraiserTomás Regalado
Filing deadline1 March, under § 196.011; title and residence tested as of 1 January
Late filingaccepted up to the 25th day after the TRIM notice mails, which is August
Exemptiona first $25,000 on everything, and an additional exemption on assessed value above $50,000 that excludes school taxes — indexed to inflation and set by the Department of Revenue at $26,411 for 2026, against $25,722 for 2025
Save Our Homes capthe lesser of 3% or the change in CPI
Parcels on the 2025 roll938,920, of which 391,062 are condominium units and 389,484 single-family homes

Will a lady bird deed affect my homestead exemption?

Properly drafted, no — the lady bird deed Florida homestead exemption question gets the same answer on every Florida page, and it is right. You are left holding a life estate together with the power to sell, mortgage or revoke without anyone’s consent, so nothing about your entitlement to the exemption changes. For the Save Our Homes cap, section 193.155(3)(a)1.c provides that there is no change of ownership where the owner is listed as both grantor and grantee and others are additionally named as grantees, which is why the deed should convey the life estate to you by name. A deed in which the owner appears only as grantor and reserves a life estate does not fit that exception on its text, and no Florida appellate court has yet applied the exception to a lady bird deed. What disturbs it is a deed drafted without those retained powers, which converts the transfer into a completed gift of a remainder interest and changes the analysis on every front at once. It is not a difference you can see by looking at the finished document unless you know which words to look for, and it is precisely the difference a blank template cannot supply. Lady bird deed homestead Florida planning, in other words, is a drafting question before it is a tax question.

The administrative side deserves one sentence of care. The Property Appraiser will see a recorded change on the title. The sensible sequence is to record the deed and then confirm with the exemptions staff on (305) 375-4712 that the exemption and the cap are undisturbed on the roll. Five minutes in February beats a surprise on the TRIM notice in August. The Miami Dade homestead exemption cancellation form exists for owners who sell or move away; recording a lady bird deed is not a reason to file it.

How do I apply for the Miami-Dade homestead exemption, and by when?

Through the Property Appraiser, not the Clerk, and the two offices do not pass paperwork between themselves. The Miami Dade homestead exemption application is filed online through the Appraiser’s exemption portal at apps.miamidadepa.gov, which is the ordinary route now — a Miami Dade homestead exemption application online takes a few minutes with a Florida driver’s license — or in person on the seventh floor of the Clark Center or at the Cutler Bay branch. The Miami Dade homestead exemption deadline is the statutory 1 March, moving to the next business day when it falls on a weekend, and the requirements are the state’s: legal or equitable title, permanent residence, and, per the Appraiser’s own list, United States citizenship or permanent residency, all tested as of 1 January. The Appraiser accepts a Florida driver’s license or ID card, a Florida vehicle registration, voter registration, the prior year’s tax return, bank statements registered at the property, utility bills or a recorded declaration of domicile as proof of residence. A Miami Dade homestead exemption form, or a Miami Dade homestead exemption application PDF to print — the portal is the form now, and the paper route still exists for those who prefer it.

Late applications are accepted until the 25th day after the TRIM notice is mailed. The Miami Dade TRIM notice 2026 went out in August 2026, and that mailing is what starts the late-filing clock this year; the Appraiser is at pains to say the notice is not a bill. If you are checking your Miami Dade homestead exemption status, the Appraiser’s property search shows the exemptions on the roll for any folio. A lady bird deed changes none of those dates; it just makes it worth confirming, once, that the roll still reads the way it did.

What if I miss the March 1 homestead deadline?

Missing the March 1 deadline is not automatically fatal, but the second chance is a procedure you have to ask for rather than a grace period that runs on its own. File a late application directly with the Miami-Dade County Property Appraiser before the twenty-fifth day after the county mails its annual assessment notices. The appraiser can still grant the exemption for that year if you show you were unable to file on time or had other extenuating circumstances. If the appraiser says no, you can take it to the Value Adjustment Board by that same deadline, with a $15 nonrefundable filing fee and the same showing to make.

The folio number, and where to find yours

The Miami Dade folio number is the thirteen-digit parcel identifier the Property Appraiser assigns to every piece of real estate in the county, and it is the number that ties the deed, the tax bill and the exemption together. It is printed on your TRIM notice and your tax bill, and a Miami Dade folio number search on the Appraiser’s site by address returns it in seconds. The Property Fraud Alert registers by folio; the Appraiser’s exemption portal asks for it; and I ask for it on the first call, because it takes me straight to the parcel. The Miami Dade folio number meaning, for anyone curious, is a coded description of the municipality, the township-range-section and the parcel within it — which is why two folios that start the same way are neighbors.

Senior, widow and other exemptions

The Miami Dade homestead exemption for seniors, the widow’s and widower’s exemption, the veterans’ disability exemptions and the disability exemptions are separate applications with their own forms and, for the senior exemption, an income limit; the Appraiser’s exemptions pages list each, and the TRIM notice itself lists the ones you hold. Miami Dade property tax exemptions of that kind attach to the person, not the land. None of them is disturbed by a properly drafted deed. It is worth knowing because the person who inherits the house applies in their own right, and a Miami Dade senior homestead exemption held by a parent does not pass to a child.

Does my spouse have to sign?

If the property is your Florida homestead and you are married, yes. Florida’s Constitution requires a spouse to join in transferring homestead property, and a deed the spouse did not join is not effectual to convey it. A waiver of homestead rights in a prenuptial or postnuptial agreement does not solve this: the statutory deed waiver under § 732.7025 waives only the restriction on devise, and by its own terms may not be treated as a waiver of the restriction on alienation.

If the property was bought before you married, bring the closing file. Whether your spouse has to join turns on facts that predate the marriage. And if your spouse lives in another country, or is not a United States citizen, say so on the first call: the joinder requirement does not turn on citizenship, but the logistics of the signing do, and the homestead exemption side of the analysis has its own residency rules set out above.

Your spouse’s signature is a signature on a deed, so it carries the same requirements as yours — two witnesses under § 689.01 and an acknowledgment under § 695.03 — and no Florida statute or case treats the joining spouse’s signature as subject to any lesser or different formality. It follows that the spouse may sign, be witnessed and be notarized by video on the same terms as you. That conclusion rests on the statutes; no Florida appellate court has yet had to decide whether a spouse’s joinder on a homestead deed may be remotely witnessed, so where the two of you are in different places I plan the signing with that in mind rather than assuming.

One deed for a married couple

Yes, and for a married couple who own the home together it is the ordinary way to do it — a lady bird deed married couple owners sign together names both as grantors and both keep the reserved powers. The deed is usually drafted so that the property stays with the survivor first and passes to the named beneficiaries only when both of you have died — because a deed that sends the home to the children on the first death leaves the surviving spouse in a position nobody intended.

What if I have a minor child?

Then talk to me before recording anything. Section 732.4017 says a lifetime transfer of homestead is not a devise, which would take a deed outside the constitutional restriction — but that safe harbor applies only where the owner keeps no power to revoke or revest the interest, and a retained power to wipe out the remainder is precisely what makes this deed what it is. The better reading is that the safe harbor is not available to it, and no Florida appellate court has yet decided the point on a lady bird deed by name.

The practical position is that the test is applied at your death, not at signing. If no minor child survives you, the restriction does not reach the deed. If one does, the remainder fails and § 732.401 decides where the home goes instead. Nobody can guarantee which of those happens, which is why I will not build a plan on this deed alone while there is a minor child.

Who counts as a “minor child” is narrower than most people assume. It means someone under eighteen who is your child under Florida’s Probate Code — a biological child, a child you adopted, or a child born out of wedlock who meets the paternity requirements. It does not mean a stepchild you never adopted, a foster child, a grandchild, or any remoter descendant: section 731.201(3) expressly excludes a grandchild or a more remote descendant from the word “child,” and the Florida Supreme Court held in In re McGinty’s Estate, 258 So. 2d 450 (Fla. 1971), that “minor child” in the Constitution is a substantially different class from “lineal descendants.” Where the child lives is not part of the test either. In Deem’s Estate v. Shinn, 297 So. 2d 611 (Fla. 4th DCA 1974), a father’s minor daughter lived with her mother in another state and he had never actually supported her — the restriction applied anyway, because he still owed her the legal obligation. One question is genuinely open: whether a minor grandchild whose own parent died before you can trigger the restriction. No Florida court has decided it.

If this is a second marriage

Raise it at the start. A surviving spouse in Florida may elect a share of the elective estate, and the statute that defines it, § 732.2035, reaches property the decedent transferred that remained revocable by the decedent alone. A lady bird deed is revocable by you alone. No Florida court has applied that to a lady bird deed remainder, so I am not going to tell you how it comes out. If your spouse is not the person you are naming, plan as though it applies.

The trap: no exemption on the roll does not mean no homestead

Constitutional homestead and the property tax exemption are two different things. § 731.201 defines protected homestead by reference to the constitution, not to the tax roll. A property can be constitutional homestead even though nobody ever filed for the exemption, because the test is where the owner actually lives. Never reason from “the Property Appraiser shows no homestead exemption” to “the restrictions do not apply.” Reason from where the family sleeps. The people this catches are the ones in transition: the couple who moved into the Sunny Isles unit full-time three winters ago and never changed anything on paper, the owner who still has an exemption on a house in New Jersey, and the family that has lived in a Hialeah house for twenty years on a title that still carries a grandparent’s name.

Property tax: Save Our Homes, portability and basis

Will my property taxes go up because of the deed?

Two answers, one for a homestead and one for everything else. On a homestead, no. Save Our Homes Florida explained in one sentence: the assessed value of a homestead can rise by no more than the lesser of 3% or the change in CPI each year, whatever the market does. The Miami Dade save our homes cap is that state cap, it caps annual increases in assessed value, and a properly drafted enhanced life estate deed, one that lists you as both grantor and grantee, is designed to leave the cap in place while you are alive. What is the save our homes benefit in Florida worth? On a Coral Gables or Coconut Grove house bought in the 1990s, the gap between assessed and market value can run into the high six figures, and that gap is what the cap protects. Where the deed lists you as both grantor and grantee, the cap is designed to survive while you are alive. It ordinarily resets at your death for whoever inherits — and that is true whether the home passes by deed, by will or by intestacy, so it is not a cost of doing this. Two questions get run together here and are worth keeping apart: whether the person who inherits qualifies for a homestead exemption in their own right, and whether your accumulated assessment carries over to them at all. The statutory exceptions that can preserve it are set out under what changes for the person who inherits.

Does the deed affect portability?

Not during your lifetime. Miami Dade homestead portability — carrying an accumulated Save Our Homes benefit from a previous Florida homestead to a new one — is a question between you and the Property Appraiser when you move, filed as a Miami Dade portability application with the homestead application, and the deed neither creates nor consumes it. If you brought a benefit with you from Broward or from anywhere else in Florida, mention it on the first call; the paperwork proving it is easier to produce now than later. The Appraiser’s site has a Miami Dade portability calculator for anyone trying to work out what a move would do to the bill, and a Miami Dade homestead exemption transfer is that same portability, under the name most people use for it.

Does a lady bird deed reset the 10% cap on a rental or second property?

This is genuinely unsettled, and in a county where nearly half the housing is not owner-occupied it comes up constantly. Non-homestead residential property is capped at 10% annual assessment growth under § 193.1554, and that cap resets to just value after a change of ownership.

The reason for caution is a difference between two statutes that most pages never mention. § 193.155, which governs homestead, carves out a long list of transfers that do not count — including where the same person remains entitled to the exemption, and transfers by operation of law at death. The non-homestead provision carries a much shorter list: correcting an error, moving between legal and equitable title, transfers between spouses, and dissolution of marriage. The statute defines a change of ownership as any sale, foreclosure, or transfer of legal title or beneficial title in equity to any person, and it contains no exception written for this deed. The courts have not been generous with the list either: in S & A Property Investment Services, LLC v. Garcia, 360 So. 3d 432 (Fla. 3d DCA 2023) — decided by the appellate court for Miami-Dade — a quitclaim from two individuals to their own wholly owned company was held to be a change of ownership, and the court declined to add an exception the Legislature had not written.

No Florida appellate decision, Department of Revenue rule or advisement decides whether recording an enhanced life estate deed is a change of ownership for that purpose. Anyone telling you confidently either way is guessing. On a homestead the question barely arises. On a Brickell condominium that has been rented and capped for a decade, it is the one worth asking first, and sometimes it is the reason to use a different instrument.

One date to watch. Amendment 3 on the 3 November 2026 ballot would, if at least 60% of voters approve it, lower the non-homestead cap from 10% to 5% from 1 January 2027. That would make an accumulated cap more valuable, and the unanswered question above more expensive to get wrong. I will update this section once the result is known.

Do my children keep my Save Our Homes cap after I die?

Two points here are where families lose the benefit. The first is that the protection is yours, not your beneficiary’s: your death is the change of ownership, and the assessment resets to just value on the following January 1 unless that person independently fits one of the statute’s own exceptions — a surviving spouse, a permanent resident who was legally or naturally dependent on you, a surviving joint tenant with rights of survivorship who was entitled to and receiving the homestead exemption on the property and continues to qualify for and receive it, or descent by operation of law to a surviving spouse or minor child under section 732.401. The dependency exception is read narrowly: in Willens v. Garcia, 53 So. 3d 1113 (Fla. 3d DCA 2011), an able-bodied adult son who had been his stroke-bound father’s full-time caretaker for twenty years did not qualify. The second is a trap written into the statute itself. If a person named as an additional grantee applies for a homestead exemption on the property while you are still alive, that application is itself treated as a change of ownership and destroys the cap you have accumulated. Nobody named in your deed should apply until after your death.

Do my heirs get a step-up in basis?

Yes. The lady bird deed step up in basis answer is one of the deed’s real advantages over adding a child to the title, and the lady bird deed capital gains answer follows from it. Because you keep possession for life and keep the power to revoke, the property is included in your gross estate, and that inclusion is what produces the adjustment to its full date-of-death value. If your beneficiaries sell soon after your death for close to that value, there is little or no capital gains tax to pay. Nothing is given away during your lifetime, so there is no lady bird deed gift tax return to file either. My page on lady bird deed tax consequences goes through the lady bird deed tax implications in full, including the one-year trap where the beneficiary originally gave you the property.

Have the date-of-death value appraised rather than taken off the tax roll. On capped property in particular — and in this county that is most of the older housing stock — the roll is a long way from fair market value.

Owners who live somewhere else

Second home, seasonal home or out-of-state owner

The deed attaches to Florida land, not to where you live. A second home in Key Biscayne, a snowbird’s winter unit in Aventura, or a house in Kendall that an out-of-state owner rents out can all pass by this deed, and it records at the Justice Center wherever you live. What changes for a non-resident is the homestead layer: a property you do not actually live in sits outside the constitutional homestead restrictions, so the spouse-joinder and minor-child questions fall away, and the 10% cap question above moves to the front. If you are in transition — more Florida every year, paperwork still up north — say so on the first call, because it decides which half of this page applies to you.

Owners who live in another country

More than half of Miami-Dade’s residents were born outside the United States, and a large share of the county’s condominium stock is owned by people who live in Latin America, Europe or Canada and visit. For them the deed does something specific. When a person who is not a Florida resident dies owning Florida real estate in an individual name, Florida’s ancillary administration statute, § 734.102, provides that an ancillary administration may be required to gather and distribute the Florida property — a second probate, opened in this county, alongside whatever is happening at home, and the proceeding families in Bogotá and Caracas discover only after a death. Only probate assets are subject to that administration. Real property conveyed by a recorded enhanced life estate deed is a non-probate asset: it passes to the remaindermen automatically, by operation of law, at the life tenant’s death, so a unit held under a working lady bird deed is not gathered into an ancillary administration at all. Nothing in the deed’s requirements turns on citizenship or residence: the Recorder’s list asks for an original, two witnesses, a notary and addresses, not a passport.

Three things do change. The signing happens by video with United States-located witnesses, or in person abroad by a different route, as set out under the process above. The homestead exemption is not available to an owner who is neither a citizen nor a permanent resident, and the constitutional homestead protections depend on where the family actually lives, so for most owners abroad the property is a non-homestead unit with the 10% cap in play. The surtax is decided by what the deed conveys rather than by where the owner lives or how the unit is used, so a deed of the single unit is within the exemption. And a later sale by a beneficiary who is a nonresident alien is within the federal withholding regime that applies to foreign sellers of United States real estate: under 26 U.S.C. § 1445 the buyer withholds — generally 15% of the price — unless a certificate or reduced-withholding relief applies. The transfer at your death under the deed is not itself a sale to a buyer and does not trigger that withholding; the beneficiary’s eventual sale does. That belongs in the plan before the deed is signed rather than at the closing table afterwards. If you own property in another country as well, the deed does nothing for it; that is a conversation about a trust or about the other country’s law, and I will say so.

A spouse who is not a United States citizen

Say so on the first call. Article X, section 4(c) of the Florida Constitution requires the spouse to join in any conveyance of the homestead, and nothing in that rule turns on citizenship or immigration status — so a non-citizen spouse who lives in the home joins the deed like any other spouse. What citizenship does affect is the homestead exemption side, which the Property Appraiser conditions on citizenship or permanent residency, and that is worth settling on the first call rather than after the deed records.

There is a second layer, and it is the one that costs money. The unlimited marital deduction is not available where the surviving spouse is not a United States citizen: IRC § 2056(d) disallows it, whether or not the spouse lives here. Whether estate tax is owed depends on the taxable estate, available credits and deductions, and any applicable statutory exceptions or treaty relief.

The usual route is a qualified domestic trust, and a lady bird deed cannot be one. A QDOT must be an ordinary trust, created by a will or a trust instrument, with a United States trustee who can withhold the tax before principal is distributed — and this deed is a deed. It appoints no trustee, holds nothing back, and passes the remainder outright the moment you die. The route is not closed by that, though. Where no QDOT was set up in advance, a surviving spouse who transfers or irrevocably assigns the property to a properly structured QDOT before the estate tax return falls due can still bring it within one.

The second route is the spouse’s own citizenship. Where the surviving spouse becomes a United States citizen before the estate tax return is filed, and was resident in the United States at all times between your death and acquiring that citizenship, the spouse is treated as a citizen as of the date of your death. The unlimited marital deduction is then available and no QDOT is needed.

The third is a treaty. The United States has estate tax treaties with fifteen countries, and several of them — France, Germany, Denmark and the United Kingdom among them — prorate the credit by reference to worldwide assets or grant marital relief without any QDOT. Where treaty relief applies the estate generally has to choose between the treaty benefit and the QDOT rather than taking both, and which is available at all turns on where the deceased was domiciled.

Only where none of the three applies does the exclusion do the work, and it is a small one: a nonresident who is not a citizen is taxed on United States property against $60,000, the amount behind the $13,000 credit in IRC § 2102(b)(1), where a citizen has $15 million in 2026. Even then no bill arrives on its own, because what is taxed is the taxable estate — the gross estate less debts, expenses and whatever deductions the estate does qualify for.

None of this is a reason to skip the deed, which still keeps the unit out of an ancillary administration. It is a reason to say on the first call that you are not a citizen and neither is your spouse, so that the deed is drawn alongside the tax plan rather than in place of one.

Who owns it, who you name, and what can go wrong

The shape of the ownership decides most of the difficult questions, and this is the part a form has no way to handle. The people you name are called the remainder beneficiaries — each one a remainderman, in the older vocabulary; your family will call them the heirs. All three words mean the same people on this page.

Owning the property with someone you are not married to

Two siblings, a parent and an adult child, two friends who bought a Shenandoah house together. It can be done, and how depends entirely on how the existing title reads. If you hold as joint tenants with right of survivorship, the survivorship already governs the first death and the deed is drafted around it. If you hold as tenants in common, each of you controls only your own share and each of you decides separately where it goes. Neither of you can bind the other. A married couple is different again: spouses ordinarily hold as tenants by the entirety, both sign, and the section on spouses above applies.

This is one of the places where reading the recorded deed first earns its keep. Florida does not presume survivorship between co-owners who are not married, so two names on a deed with nothing more usually means a tenancy in common, whatever the two of you intended when you bought. In Hialeah and Westchester the common version is a house with a parent’s name still on the title twenty years after that parent died; a lady bird deed can only convey what the signer holds of record, and where the record stops a generation back, the estate work has to come first.

Adding a child to the deed instead

This is the thing people do without asking anyone. Mechanically it is a quit claim deed Miami owners sign in ten minutes — the quit claim deed Miami Dade form is downloaded, filled in and recorded for a recording fee. In substance it is a present gift of a share of your home. It exposes the property to your child’s creditors, spouse and bankruptcy. It requires their signature before you can sell or refinance. And it gives them a carryover basis rather than a stepped-up one, which can mean a large capital gains bill on a property that would otherwise have passed with none. A lady bird deed gets the property to the same person at your death without any of that, which no quit claim deed Miami Dade PDF will tell you.

What if my beneficiary has creditors of their own?

Your beneficiary’s creditors are a different question from your own. Once the house passes to them it is their asset, and their judgment creditors can look to it.

One exception runs the other way. If your beneficiary takes the house and makes it their own Florida homestead, ordinary judgment creditors cannot reach it — the homestead exemption protects against every type of claim and judgment except the three the constitution itself names (Osborne v. Dumoulin, 55 So. 3d 577 (Fla. 2011)) — and a claim for equitable distribution in their divorce does not reach it either, absent fraud (Roth v. Roth, 973 So. 2d 580 (Fla. 2d DCA 2008)). Two things still do. Child support arrears reach it by way of an equitable lien a court imposes. So does a federal tax lien, which Florida homestead does not defeat at all, because the Supremacy Clause lets federal law override a state exemption — Weitzner v. United States, 309 F.2d 45 (5th Cir. 1962); and see United States v. Rodgers, 461 U.S. 677 (1983) and United States v. Craft, 535 U.S. 274 (2002). If your beneficiary does not live there, none of that protection applies.

What happens if a beneficiary dies before me?

This is the failure the free forms produce most often. Where a beneficiary dies first and no alternate was named, that share can be left with nowhere to go, which pushes the property — or a fraction of it — into the probate case the deed existed to prevent. The fix is a clause naming who takes instead, and where you want a deceased child’s share to pass to that child’s children, the deed says so in terms — per stirpes is the phrase — rather than leaving it to be argued. It costs nothing to include and it is the single most valuable line in the document.

What your beneficiaries can and cannot do while you are alive

Nothing that can get in your way. They cannot stop you selling and they cannot borrow against the property. What they hold is a remainder interest of record that stays subject to your powers, and they cannot override those powers. A beneficiary’s judgment or lien may nevertheless require a title company’s review, particularly if it is still outstanding when you die. After your death they own the property outright, with all the exposure that carries. Florida’s homestead protection is personal to the occupant and does not pass with the land, so a daughter in Madrid who inherits your Coral Gables house and does not move in takes property that was shielded the day before and exposed the day after.

Can I name multiple beneficiaries?

Yes. A lady bird deed multiple beneficiaries planning names together — several children, or a lady bird deed with two beneficiaries who are a child and a grandchild — is common and straightforward on the page. The consequence to think about is that on your death they own the property together, and every decision then needs all of them. With a Kendall house and three children in three countries, that usually means a sale, and it is kinder to say so in advance than to leave them to discover it. Where co-owners cannot agree, Florida’s answer is a partition action, which sells the property and spends part of the proceeds doing it. Unequal shares are possible and should be written as fractions, not left to a later conversation.

A beneficiary who receives disability benefits

Say so before anything is drafted. A remainder interest arriving at death can disqualify someone from SSI or Medicaid, and the fix has to be built into the deed rather than applied afterwards. The usual answer is not to abandon the deed but to direct that person’s share to a special needs trust drafted for the purpose, so the property still avoids probate while the benefit survives. The trust has to exist and the deed has to name it correctly — a deed pointing at a trust that was never signed conveys to nothing. This is one of the few situations where a free form is not merely riskier than a drafted deed but actively harmful, because it will do exactly what it is told and nobody finds out until the benefits stop.

Does a lady bird deed protect from Medicaid in Florida?

Lady bird deed Medicaid Florida planning turns on one point: the deed does not create a transfer penalty on the better reading, and that is one of the main reasons the instrument exists. A penalty arises from giving assets away. Because you keep the power to revoke and to sell for your own benefit, you have not given anything away. That protection is a direct consequence of the reserved powers being drafted correctly: a deed that fails as a lady bird deed is a completed gift, and a completed gift inside the look-back period is exactly the problem the deed was supposed to avoid.

After death, Florida’s Medicaid estate recovery program under § 409.9101 works by filing a claim in a probate proceeding, so property that passes by a working deed never enters the estate the claim is made against — that is the lady bird deed and Medicaid recovery answer. Medicare is a different program and has nothing to do with any of this: on lady bird deed and Medicare, the deed neither helps nor hurts a Medicare claim. The lady bird deed nursing home question is really the Medicaid question. If nursing-home planning is the reason you are reading, the deed is one piece of it and not the whole, and an elder law conversation belongs alongside the deed.

Can a lady bird deed be changed or revoked?

Is a lady bird deed revocable? Yes — can a lady bird deed be changed, can a lady bird deed be revoked, can a ladybird deed be reversed: yes to all of them, by you, alone, as often as you like. That is the enhancement the name refers to. But the deed is a recorded instrument, and undoing it takes another recorded instrument: either a deed of revocation or a new enhanced life estate deed that supersedes the first, recorded with the same Recorder at the same charges. What you should not do is record nothing and assume the old deed is dead, because the record will say otherwise. If you divorce, revise it. Unlike a will, no statute automatically reads a former spouse out of a recorded deed.

Selling or refinancing after the deed

You can, alone, at any time, to anyone. You do not need a signature from anyone named in the deed and you do not owe them any part of the proceeds. When the property sells, the deed simply ceases to matter. If a title agent asks for the beneficiaries’ signatures anyway, that is unfamiliarity rather than law; title insurance is written over these deeds routinely.

Can a lady bird deed be contested?

Can a lady bird deed be contested in Florida? It can be challenged on the familiar grounds: that the signer lacked capacity, that someone exerted undue influence, that the signature was forged, or that the deed was not properly executed. A homestead challenge is also possible where a spouse did not join or a minor child survived. What makes these deeds durable is that they are signed while the owner is alive and able to explain them, and recorded promptly. What makes one vulnerable is the opposite: signed late, by someone frail, at the urging of the person who benefits. I cover this on my page on whether a lady bird deed can be contested in Florida.

Capacity: the window that closes

The most common call I get about these deeds is from an adult child, about a parent, and it comes six months later than it should have. In this county the parent is often in a condominium on the beach or a house in Hialeah, and the child is calling from another state or another country. My page on helping a parent arrange a lady bird deed covers what the child can do and what only the parent can decide.

A parent whose memory is failing

They possibly can. A diagnosis is not the test, and a person with dementia is not automatically unable to sign a deed. What matters is whether, at the moment of signing, they understand what the document does and what they own. That can be true on a Tuesday and not on a Thursday. What I do in those situations is speak with the person alone, in English or in Spanish, take my own view, and document it — and if the answer is no, I say so rather than record something that will be attacked later. A deed signed by someone who lacked capacity is not a plan. It is a lawsuit with a delay built in.

If capacity is lost before the signing

Then the deed is off the table, and the options narrow to what someone else is already authorized to do on their behalf, or to a guardianship in the Eleventh Circuit. One related point belongs here: where a parent may be a vulnerable adult as Florida’s adult-protection statute defines one, I do not use remote witnessing, and that parent signs with the witnesses in the room rather than by video — another reason the online signing is confirmed case by case rather than assumed. Both routes are more expensive than the deed would have been, a guardianship is slower, public and court-supervised, and neither gives the family the same freedom. If you are reading this about a parent whose memory has started to slip, the time to call is now.

Can a power of attorney sign a lady bird deed?

Sometimes, and two separate Florida statutes both have to be satisfied first. Can a power of attorney sign a deed at all? Yes, if the document specifically grants that authority; a general clause does not. Whether an agent can sign this particular deed — one that names who inherits — raises a further question, and the details are on my page about whether a power of attorney can sign a lady bird deed in Florida. A lady bird deed power of attorney question is answered by reading the document, so bring it to me before anyone signs. Amending it while the principal still has capacity is simple, and impossible afterwards.

After the owner dies

What do I do with a lady bird deed after death in Miami-Dade County?

The errand after a death is short. The deed’s own terms govern who takes at your death; recording proof of death documents that change in the public records. In the ordinary case that means a certified death certificate and a short affidavit identifying the life tenant and the recorded deed, filed into the same Official Records on the fifth floor of the Justice Center — Suite 5.246 by mail — and no probate case is opened for the property and no judge on the sixth floor is involved. Where the deed was defective, a named beneficiary died first, or title was held differently from what the family assumed, further documents or a court proceeding may be needed, which is why the next paragraphs exist. My page on what to do with a lady bird deed after death in Florida sets out the steps; the lady bird deed Florida after death procedure is the same in every county, and only the counter changes.

Can you file a lady bird deed after death? Two different things get asked under that one question. Nobody can sign a deed on behalf of a person who has died, and no deed can be created for them afterwards — on that the answer is simply no. A deed the owner did sign while alive but never recorded is a different question, and it does have an answer. Recording is not what makes a deed work. An unrecorded conveyance is effective between the parties and against anyone who has notice of it, it can be recorded after the owner’s death, and it takes effect from the date it was delivered rather than the date it reaches the fifth floor — Florida’s Third District Court of Appeal, the appellate court for Miami-Dade, has upheld the post-death recording of a deed delivered during the owner’s life. What recording buys is priority against everyone else, because an unrecorded deed is no good against a creditor or a purchaser for value who records first. The harder question is delivery, and it is the one that decides these cases. A deed operates only if it was delivered unconditionally. Where an owner signed a deed and then kept it, telling a lawyer or a relative to hold it and not record it until further word, the deed fails for want of delivery — and a deed that fails for delivery is void, not merely unrecorded. Recording during life supplies the proof as well as the priority, because a deed recorded before the owner’s death is treated as evidence of delivery absent fraud. No Florida appellate court has decided how these rules apply to an enhanced life estate deed in particular, which is the reason a deed found in a drawer after a funeral is a document to bring me rather than a conclusion to draw at the recording counter. Either way the deed should be recorded while the owner is alive, because a deed that surfaces after a death, unrecorded, is the one that gets challenged. What can be filed after death is the proof of death that makes the transfer visible on the record. It is a short errand, and it is where a defective deed finally announces itself. If the remainder beneficiaries were named loosely, if one of them died first with no alternate, or if the legal description does not match the recorded chain, the family discovers it standing at the counter with a death certificate in hand.

If you are the one who has inherited and you want someone to read the recorded deed and tell you what it did, I offer a $475 flat-fee review of the recorded deed you supply, plus a 30-minute consultation with me to explain what the deed provides and the appropriate next steps — request a deed review and 30-minute consultation. It is not a title search. Preparing or recording documents, and any further representation, are separately scoped and quoted. That review is a separate service from the $675 deed preparation, and neither includes the other.

Removing a deceased owner from a deed in Miami-Dade County

It depends on how the deceased owner held title, and the recorded deed answers that. If they held a life estate under a lady bird deed, or were a joint owner with right of survivorship or a spouse holding by the entirety, title passed automatically at the moment of death and no new deed is needed. To show that on the public record, the survivor or the named beneficiary records a certified death certificate in the Official Records, usually with a short supporting affidavit. That is enough for most purposes, though a title insurer or a lender may ask for more depending on the circumstances. If they held alone, or as a tenant in common, their share is in their estate, and further proceedings may be needed to establish who receives it. Depending on the circumstances the route may be summary administration, formal administration, or a homestead determination — and where a personal representative, the person other states call an executor, has to be appointed, that happens on the sixth floor. Nobody can sign a deed on behalf of a person who has died.

Florida imposes no estate tax on anyone who died on or after 1 January 2005, and under § 198.32(3) no estate tax lien attaches to those estates in the first place. A title examiner on a later sale may still ask for the Department of Revenue’s Form DR-312, the Affidavit of No Florida Estate Tax Due, to be recorded as a precaution; where a federal estate tax return is required the form is DR-313 instead. One wrinkle is worth knowing. The statute names only a personal representative as the person who signs it, and where the property passed by a lady bird deed and no probate was ever opened there is no personal representative. Neither the statute nor the rule names anyone else. Title underwriters have accepted the form signed by the person who inherited, but that is underwriting practice rather than anything the statute says, so ask the closing agent what they want before you record one. The lady bird deed Florida tax consequences after death are otherwise the stepped-up basis set out above, and no Florida inheritance tax, because Florida has none.

What changes for the person who inherits

The homestead exemption does not travel with the property, and for most heirs the Save Our Homes cap does not either. Section 193.155(3) contains exceptions that may preserve the existing assessment, including certain transfers to a surviving spouse, a permanent resident who was legally or naturally dependent on the deceased owner, and qualifying surviving joint owners with rights of survivorship. Each exception has its own requirements; confirm with the Property Appraiser whether one applies before assuming the assessment will reset. Everyone else applies in their own right. Eligibility is measured at 1 January and the ordinary deadline is 1 March; the Property Appraiser’s homestead page is the place to confirm your own eligibility and ask about late filing. If nobody who qualifies moves in — and for a beneficiary who lives in another country, nobody will — there is no exemption, the cap resets, and the assessment changes at the following 1 January. Beneficiaries who inherit a condominium should also expect the association to want its own paperwork. A deed that transfers cleanly still leaves administrative work. It simply keeps that work out of court.

Which court takes the probate if the deed fails?

The Eleventh Judicial Circuit, which is this county and no other. § 26.021 composes the Eleventh of Miami-Dade County alone — unlike the Ninth, shared by Orange and Osceola, or the Seventeenth to the north, which is Broward. The probate division sits on the sixth floor of the same Justice Center where the deed was recorded, with the Clerk’s probate counter in Suite 6.223.

A single-county circuit means one probate bench, one set of administrative orders and no cross-county variation in practice. Predictable is not the same as painless: an estate opened here has a case number, a judge and a public file, and depending on the proceeding it may carry an inventory and a creditor period as well. How long it runs depends on the proceeding, the title issues, the creditors and the court’s own processing. One route to the shorter summary administration is an estate worth $150,000 or less, measured on the property subject to administration, a ceiling raised on 1 July 2026; protected homestead is not counted toward that figure. A deed that works keeps the house out of all of it, which is the entire point of paying attention to it now. If what you are facing is an estate rather than a deed, my Miami probate attorney page is the one to read; my Miami-Dade probate court page explains the division at the Justice Center, the forms, the filing fees and the records search; and my page on when probate is not necessary in Florida covers the shorter routes.

Miami-Dade County, place by place

The law is the same in the thirty-four municipalities and across the unincorporated county. One Recorder, one fee schedule, one Property Appraiser, one circuit, one stamp rate. What differs from place to place is the housing and the people, and those are what shape the deed.

Miami Beach, Surfside, Bal Harbour, Sunny Isles Beach and Aventura

The condominium corridor. A Miami Beach ladybird deed is nearly always a unit rather than a house, and often a unit whose owner lives somewhere else for most of the year — Miami Beach has one of the lowest owner-occupancy rates in the county, and a large share of its units are second homes or investments held by people from other states and other countries. For those owners the deed does three things: keeps the unit out of a Florida probate proceeding, leaves the owner free to sell or rent in the meantime, and passes the unit with its assessments, its milestone inspection and its reserve study attached. Everything in the condominium section applies here in full. Surfside is where the milestone law came from, after the Champlain Towers South collapse in 2021, and the older buildings from Bal Harbour and Bay Harbor Islands up through Sunny Isles Beach to Aventura are the ones the thirty-year and twenty-five-year inspection thresholds reach first. North Miami Beach and Golden Beach share the same corridor and the same questions.

Hialeah, Hialeah Gardens and Miami Lakes

A Hialeah ladybird deed raises three questions more often than anywhere else in the county. The duplex: Hialeah has a large stock of two-unit houses with the family in one side and a tenant in the other, and a deed conveying both sides pays the surtax. The title: the house has often been in the family for decades, and the recorded deed frequently still carries the name of a parent or spouse who died years ago, so the estate work comes before the deed. And the language: more than nine in ten Hialeah households speak a language other than English at home, and a deed is a document you should sign in a language you actually understand — the conversation and the signing can be in Spanish, and I go through the draft with you in Spanish, clause by clause, before you sign it. Miami Lakes and Hialeah Gardens are newer and more suburban, with homeowners’ associations whose paperwork after a death is set out above.

Kendall, West Kendall, Kendale Lakes and The Hammocks

A Kendall ladybird deed is the classic Miami-Dade case: a house bought in the 1970s or 1980s, a Save Our Homes cap that has accumulated for decades, and adult children who have moved elsewhere. Kendall is unincorporated, so the County handles permits and code while the Recorder handles the deed; the subdivisions of that era carry plat-based legal descriptions that have to be copied exactly from the recorded deed, not from the tax bill. The stepped-up basis is usually the largest number in the plan, and the homeowners’ association question applies in Kendale Lakes, The Hammocks, Country Walk and Three Lakes. Pinecrest, Palmetto Bay and Cutler Bay to the south are incorporated and older still, and the Property Appraiser’s South Dade branch in Cutler Bay is the nearer office for an exemption question.

Doral, Sweetwater and Fontainebleau

A Doral ladybird deed runs into the company question more than any other: a great deal of Doral’s townhouse and condominium stock is held through limited liability companies by owners from Venezuela, Colombia and elsewhere in Latin America, and a deed signed in an individual’s name does not convey what a company owns. Where the unit is held personally, the deed works and the signing can be done from abroad. Doral’s newer communities are almost all inside associations, and the estoppel and approval questions above apply. Sweetwater, Fontainebleau and the Tamiami corridor west of the Palmetto are the same housing a decade or two older.

Coral Gables, Coconut Grove, South Miami and Pinecrest

The county’s highest-value houses and its oldest recorded titles. A Coral Gables lot platted in the 1920s may sit on a legal description recorded long before the Recorder’s 1974 online cut-off, which means the deed that governs it is on microfilm rather than on the internet, and a form cannot copy what it cannot see. Coconut Grove adds historic designation and, along the bay, flood-zone stock. These are also the homes where the Save Our Homes gap and the basis step-up are largest, and where a second marriage or a minor child makes the homestead sections above decisive. My office is here, which for this work is a convenience rather than a requirement.

Brickell, Downtown, Edgewater and Wynwood

High-rise condominiums, many of them investment units and many held by owners abroad. The 10% cap question on a rented unit, the association’s approval clause, the reserve study and the short-term-rental rules are the four things a Brickell owner should read first on this page. A unit that is your actual home is a homestead like any other; a unit you let out is not, and the surtax follows a deed of anything that is not a single residence.

Little Havana, Westchester, Shenandoah, Flagami and Allapattah

Multigenerational houses, often with more than one household under one roof or a second unit on the lot, and often with a title that has not been updated since a parent died. The duplex and garage-apartment paragraph above is written for these neighborhoods, and so is the tenants-in-common paragraph. The conversation here is as likely to be in Spanish as in English, and it can be.

Homestead, Florida City, the Redland and South Dade

The City of Homestead — a place name here, not the exemption — and Florida City are the county’s southern towns, with Leisure City, Naranja, Princeton and Goulds between them and Cutler Bay. The Property Appraiser’s South Dade branch at 10710 SW 211th Street is the office for an exemption question down here, and the deed records downtown like everyone else’s. The Redland raises a question the rest of the county does not: agricultural classification. A greenbelt parcel is assessed on its use, and what a change on the title does to that classification is a question for the Appraiser rather than the Recorder — raise it on the first call if the land is classified, and I will tell you what needs checking before anything records.

Key Biscayne, Fisher Island and the islands

Property here is more often held through a trust or a company than in an individual’s name, and for those parcels the deed is usually the wrong instrument — the trust is already doing the job, or the company holds the land. Where a Key Biscayne house or a condominium is held personally, the deed works as it does anywhere, with the second-home and foreign-owner questions above at the front.

North Miami, Miami Shores, Miami Gardens, Opa-locka and Miami Springs

The northern cities are the county’s most mixed housing — 1950s houses on their original titles in Miami Shores and Miami Springs, newer subdivisions in Miami Gardens, and duplexes and small apartment buildings in North Miami and Opa-locka. Nothing about the deed changes from one to the next; which sections of this page apply does, and the first call sorts that out.

Across the county line

A deed records in the county where the land sits, not where you live. Hallandale Beach, Pembroke Pines and everything north of the county line are Broward, where the recorder is not a court officer at all and the stamp rate is the state’s seventy cents; my Broward County lady bird deed page covers it. The Palm Beach County page covers a county that combines recording and probate in one office, the Orlando page one that splits them between two, and the Tampa page a county with three recording counters. The lady bird deed attorney hub lists every county page.

Miami-Dade lady bird deeds by the numbers

FigureValueSource, as read on 18 September 2026
Documentary stamp rate on a deed$0.60 per $100Florida Department of Revenue; § 201.02 and § 201.0205
Discretionary surtax$0.45 per $100, single-family residences exempt§ 125.0167, § 201.031; Miami-Dade Affordable Housing Surtax Program
Combined rate outside the exemption$1.05 per $100 — 50% above the statewide $0.70Arithmetic on the two rows above
Recording, first page / each additional page$10.00 / $8.50Clerk of the Court and Comptroller, Official Records fee schedule; § 28.24
Copy of a recorded deed$1.00 per page, $2.00 per document to certifyClerk, Official Records certified copies page
Online index reaches back to1974 — earlier documents in person or by mailClerk, Official Records certified copies page
Approved e-recording vendors6Clerk, Official Records page
Real estate parcels on the 2025 roll938,920Property Appraiser, 2025 preliminary assessment roll
Condominium units on the roll391,062 — 41.7% of all parcels, more than the 389,484 single-family homesProperty Appraiser, 2025 preliminary assessment roll
Homestead exemption, 2026$25,000, plus an additional $26,411 on value above $50,000, excluding school taxesProperty Appraiser; Department of Revenue CPI adjustment
Save Our Homes capLesser of 3% or CPI change, annuallyProperty Appraiser
Summary administration ceiling$150,000 from 1 July 2026Ch. 2026-57, Laws of Florida
Justice Center openedNovember 2025, succeeding the 1928 courthouseClerk and Eleventh Judicial Circuit
Surtax program in operation since1984Miami-Dade Housing and Community Development
Attorney flat fee, standard matter$675 — the call with me, drafting, online notarization, witnesses, recording fees and the minimum documentary stamp; any stamp tax above the minimum is separateLorenzo Law, this page

Five things you will read elsewhere that are not right for Miami-Dade

“Record the deed at Courthouse East, 22 NW First Street, and file probate at 73 West Flagler.” Both addresses were superseded when the Osvaldo N. Soto Miami-Dade Justice Center opened in November 2025. The County Recorder is on its fifth floor and the probate division on its sixth, at 20 NW 1st Avenue. The county form sold by the largest deed-form site and a set of Miami city pages published by a law firm still carry the old addresses.

“No documentary stamp tax is due on a lady bird deed.” An overstatement. The minimum stamp is paid on an unencumbered gift, the Department of Revenue’s favorable view lives in an advisement that binds it only as to the taxpayer who asked, and no court or rule has decided the mortgaged-property question. The correct statement is that the tax is nominal on a paid-off property and unsettled on a financed one.

“Documentary stamps are $0.70 per $100 in Florida.” True in sixty-six counties. In Miami-Dade the deed rate is $0.60, and a deed of anything other than a single residence pays $1.05.

“Florida has a transfer on death deed” and “Florida charges a real estate transfer tax.” Neither. Florida has no statutory transfer on death deed for real property; the lady bird deed is the instrument that does that job. And Florida has no transfer tax by that name; documentary stamp tax is what it has.

“A lady bird deed protects the house from Medicaid in most cases.” The precise statement is narrower and more useful: the deed creates no transfer penalty because nothing is given away, and property that passes under a working deed never enters the probate estate that Florida’s estate recovery claim is filed against. That is a consequence of correct drafting, not a property of the form. Your home is not a countable resource for Medicaid purposes as long as it is your principal residence — or, if you have moved to a nursing facility, as long as you intend to return or your spouse or a dependent relative is still living there. Separately, if your equity in the home exceeds the annual federal limit, you will not be eligible for nursing facility, institutional hospice, or home-and-community-based waiver services until that equity is reduced below the cap, unless your spouse, a child under 21, or a blind or disabled child of any age is lawfully living in the home. Both rules come from regulations formally adopted under Florida and federal law rather than from any Florida court decision, and buying a life estate in someone else’s property is a different transaction that is not protected this way.

Lady bird deed en Miami: qué es y cuánto cuesta

Atiendo a clientes en español. Un lady bird deed en español y un lady bird deed Florida en español son el mismo documento que un lady bird deed in Spanish: la escritura de la que trata esta página. La conversación sobre su casa puede ser en español desde la primera llamada hasta la escritura registrada: llame al (305) 224-6811.

¿Qué es un lady bird deed?

Que es un lady bird deed en español: es una escritura que usted firma y registra ahora, que transfiere su propiedad a las personas que usted nombra cuando usted fallece, y que le reserva a usted el derecho pleno de vender, hipotecar o cancelar la escritura mientras viva. No existe una traducción oficial — en la práctica se le llama escritura lady bird o escritura de usufructo vitalicio ampliado — y el nombre formal en inglés es enhanced life estate deed. Desde que se registra, las personas que usted nombra tienen un interés remanente inscrito, sujeto a las facultades que usted se reserva: usted conserva el usufructo, la posesión y el control mientras viva. A su fallecimiento la propiedad pasa a sus beneficiarios sin abrir un proceso de sucesión en el tribunal de Miami-Dade.

¿Cuánto cuesta y qué incluye?

$675 fijos por un asunto estándar. Incluye hablar directamente conmigo, la preparación de la escritura, la notarización en línea, los dos testigos, los gastos de registro en el condado y el sello documental mínimo. Cualquier impuesto de sellos documentales por encima de ese mínimo — en la práctica, cuando la propiedad tiene hipoteca — es aparte, y se lo explico antes de que usted decida continuar. En Miami-Dade la tasa es de sesenta centavos por cada cien dólares, la más baja de Florida, con un recargo de cuarenta y cinco centavos cuando la escritura transfiere algo distinto de una sola residencia — un dúplex, por ejemplo.

¿Se puede firmar en español y desde otro país?

La escritura se redacta en inglés — así la preparo y así se registra — y yo se la explico en español, cláusula por cláusula, antes de que firme. La firma puede hacerse por video con un notario de Florida y dos testigos ubicados en los Estados Unidos, también si usted está en Bogotá, Caracas o Buenos Aires; los detalles están en la sección sobre propietarios que viven en otro país. Si lo que busca es un abogado de sucesiones en Miami que le explique cómo esta escritura evita la sucesión, la respuesta está en esta página. Hialeah, La Pequeña Habana, Westchester, Doral y Kendall son los lugares desde donde más me llaman en español, y la conversación sobre su casa puede ser en su idioma de principio a fin.

Glossary: the words on a Miami-Dade lady bird deed

Enhanced life estate deed. The formal name for a lady bird deed: a deed giving the owner a life estate plus the power to sell, mortgage, lease or revoke without the remainder beneficiaries’ consent.

Life tenant. The owner who signs the deed and keeps the property for life. On this page, you.

Remainder beneficiary, remainderman. The person named to receive the property at the life tenant’s death. Families say heir; deeds say remainderman; both mean the same person.

Reserved powers. The clause that makes the deed “enhanced”: the life tenant’s retained right to deal with the property alone. Weak or missing reserved powers turn the deed into a completed gift.

County Recorder. The division of the Miami-Dade Clerk of the Court and Comptroller that records deeds into the Official Records. Florida has no recorder or register of deeds as a separate office.

Official Records. The county’s recorded-document index and images, searchable by party name from 1974 online and earlier in person or by mail.

Folio number. The thirteen-digit parcel identifier the Property Appraiser assigns to each property; it appears on the TRIM notice and tax bill and is what the Property Fraud Alert monitors.

Documentary stamp tax. Florida’s state tax on the consideration for a conveyance, collected by the Clerk at recording. $0.60 per $100 in Miami-Dade; $0.70 everywhere else.

Surtax. Miami-Dade’s additional $0.45 per $100 on deeds that convey anything other than a single-family residence, condominium unit or cooperative unit; it funds the county’s affordable-housing program.

Homestead (two meanings). The property-tax exemption and Save Our Homes cap administered by the Property Appraiser; and, separately, the constitutional protection that restricts who a home can be conveyed or devised to when the owner is married or has a minor child. A property can be constitutional homestead with no exemption on the roll.

Save Our Homes. The cap limiting annual growth in a homestead’s assessed value to the lesser of 3% or the change in CPI. It is designed to survive a properly drafted lady bird deed, one listing the owner as both grantor and grantee, during the owner’s life, and ordinarily resets at death, subject to the statutory exceptions; qualifying for a new exemption is a separate question from carrying the old assessment over.

Portability. Carrying an accumulated Save Our Homes benefit from one Florida homestead to the next, applied for with the new homestead application.

Estoppel certificate. The association’s written statement of what is owed on a unit; the association is bound by the figure it gives.

Milestone inspection and SIRS. The structural inspection required of condominium buildings three habitable stories or taller by the end of the year the building turns thirty, which a local enforcement agency may require earlier where local circumstances justify it, and the structural integrity reserve study that accompanies it. Both follow the unit to whoever inherits it.

Remote online notarization (RON). Notarization by video before a Florida-registered online notary, with the two deed witnesses also appearing by video from inside the United States.

Per stirpes. The instruction that a deceased beneficiary’s share passes to that beneficiary’s children; the alternative is that the share fails and falls into probate.

Ancillary administration. The Florida probate proceeding needed for Florida real estate owned by someone whose estate is being administered in another state or country — the proceeding a lady bird deed lets a non-resident owner’s family avoid.

Talk to a lady bird deed attorney in Miami

If you own property anywhere in Miami-Dade County and want it to reach your family without a case on the sixth floor of the Justice Center, a short call will tell you whether this deed is the right instrument and what it will cost. There is no charge for the call, and I will tell you if the answer is something other than a deed.

Call (305) 224-6811, or send me a message. A standard matter is $675, and it includes speaking directly with me, deed preparation, online notarization, witnesses, county recording fees, and the minimum documentary stamp charge. Any documentary stamp tax above that minimum is separate and explained before you proceed. The fee is confirmed after I read the deed your property is vested under and before any drafting begins. If you want a lady bird deed attorney Miami owners can speak to directly rather than through an intake desk — a life estate attorney Miami-Dade County wide, not a firm with a desk in one city — this is the call. A lady bird deed Miami Dade families can rely on is drafted from the recorded title, priced against the mortgage and the surtax, and recorded with the right Recorder at the right suite number.

About the author, and how this page was verified

Jose M. Lorenzo, Jr. is a Florida attorney, Bar No. 107002, admitted in 2013. He clerked for the Honorable Maria M. Korvick in the Probate Division of the Eleventh Judicial Circuit — the division that sits on the sixth floor of the building where these deeds are recorded — and has practiced probate, estate planning and deed work in Miami-Dade County since. Lorenzo Law is a solo practice with offices in Coral Gables and Fort Lauderdale, and he handles matters in English and Spanish. His record can be checked by bar number in The Florida Bar’s lawyer directory.

The local facts on this page were read directly from the offices that publish them on 18 September 2026: the Recorder’s address, mailing suite, telephone, fee schedule and e-recording vendors from the Clerk of the Court and Comptroller’s Official Records page; copy fees, the 1974 cut-off and the Flagler Station post office box from the Clerk’s certified copies page; the Property Fraud Alert from the Clerk’s Property Fraud page; the exemption amount, filing route, residency proofs and citizenship condition from the Property Appraiser’s homestead exemption page; the 2026 TRIM mailing from the Property Appraiser’s August 2026 release; the surtax program from Miami-Dade Housing and Community Development’s Affordable Housing Surtax page; and the documentary stamp rates from the Florida Department of Revenue’s documentary stamp tax page. Statutes are linked to the 2026 Florida Statutes on the Florida Senate’s site. Where the law is unsettled — documentary stamps on a mortgaged property, the 10% cap on non-homestead property, association approval at death, remote joinder by a spouse — the page says so rather than guessing.

Last reviewed: 18 September 2026.

Written and reviewed by Jose M. Lorenzo, Jr., attorney, Florida Bar No. 107002.

This page is general information about Florida law and does not constitute legal advice for any particular situation. Reading it does not create an attorney-client relationship.