Florida Lady Bird Deed: Enhanced Life Estate Deeds and Selling the Home

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Florida enhanced life estate deed, usually called a lady bird deed, lets the grantor keep a life estate and control of the property while naming who receives it later. This guide uses a clerk-published form and the Florida Constitution’s homestead rules. We could not confirm a statute that names this deed type.

What the clerk form says

• An enhanced life estate (lady bird) deed form recorded with the St. Lucie County Clerk states: 'The Grantor reserves a life estate for himself/herself during the Grantor's lifetime coupled with an unrestricted power to convey during the Grantor's lifetime, which includes the power to sell, gift, mortgage, lease and otherwise dispose of the property, and to retain the proceeds from the conveyance.' (St. Lucie County Clerk of Court, Enhanced Life Estate Deed (Lady Bird Deed) form).

Homestead rules that apply

• The homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or children, except that the homestead may be devised to the owner's spouse if there is no minor child. 'Devise' includes a disposition by trust of the portion of the trust estate that would be the grantor's homestead. (Fla. Stat. Sec. 732.4015(1)-(2))
• If not devised as authorized, homestead descends as other intestate property, except that if the decedent is survived by a spouse and descendants, the spouse takes a life estate with a vested remainder to the descendants per stirpes. This section does not apply to property owned in tenancy by the entireties or joint tenancy with right of survivorship. (Fla. Stat. Sec. 732.401(1), (5))

What we could not confirm

• Effect of a lady bird deed on homestead exemption and Save Our Homes portability not confirmed.
• Probate avoidance, Medicaid estate recovery treatment and step-up in basis effects of lady bird deeds were not confirmed from an official page.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Lady Bird Deed FAQ

What is a lady bird deed in Florida?

An enhanced life estate deed. The grantor reserves a life estate for themselves and, on the form we reviewed, keeps control of the property during life.

Does homestead status limit who can inherit?

Yes. Homestead cannot be devised if the owner is survived by a spouse or minor child, with limited exceptions (Const. art. X, Sec. 4).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 732.4015(1)
• St. Lucie County Clerk of Court form
• Fla. Stat. Sec. 732.401(1), (5)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.