The Short Answer

In Florida, a “lady bird deed” (often called an enhanced life estate deed) is designed to pass real estate to your named beneficiaries automatically at your death, so the property generally does not need to go through probate to transfer title. The key is that the ownership change is structured as a lifetime transfer that becomes effective at death, rather than a transfer that depends on a will and probate.

What Florida Law Says

Probate is commonly required to transfer Florida real estate when title is supposed to pass under a will, because a will is generally not effective to prove title to property until it is admitted to probate. By contrast, a properly drafted enhanced life estate deed is intended to transfer an interest during your lifetime (with you retaining significant control), so that at death the remainder interest can vest in the beneficiaries without relying on probate to establish title.

The Statute

The primary law governing why wills typically require probate to establish title is Fla. Stat. § 733.103.

This statute establishes that, until a will is admitted to probate, it is ineffective to prove title to (or the right to possession of) a decedent’s property—one major reason families use non-probate transfers like enhanced life estate deeds for real estate.

Why You Should Speak with an Attorney

While the concept is straightforward, getting a lady bird deed to work as intended in Florida can be legally and financially sensitive—especially for coastal property and homestead. Legal outcomes often depend on:

• Strict Deadlines: If a transfer is later disputed, Florida has recording-based limitation rules that can affect how long certain claims may be brought after a deed is recorded (timing can matter in title disputes). See, for example, Fla. Stat. § 95.231.
• Burden of Proof: If someone later challenges capacity, undue influence, or whether the deed was properly executed/recorded, your heirs may need to defend the transfer with strong documentation and facts.
• Exceptions: Florida homestead rules can complicate transfers, and whether a transfer is treated as an inter vivos transfer versus a “devise” can matter. Florida addresses inter vivos transfers of homestead in Fla. Stat. § 732.4017, and the details can be outcome-determinative depending on your family situation and how title is held.

Trying to handle this alone can lead to an ineffective deed, a cloud on title, or a transfer that triggers avoidable disputes—problems that often surface only after death, when fixing them is harder and more expensive.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.