Can You Transfer Real Estate With a Death Deed in Florida?

Can you use a deed to transfer your Florida home at death?

You cannot use a statutory transfer-on-death deed for Florida real estate because Florida does not authorize one. A Lady Bird deed is a commonly used alternative, but it is a different legal arrangement – not Florida’s version of a statutory TOD deed.

Florida Statutes § 689.01 sets out requirements for conveying real estate, including a written instrument signed in the presence of two subscribing witnesses. Those signing requirements do not create a transfer-on-death option. You need the right legal arrangement, not just a signed document labeled “death deed.”

Why keeping a signed deed until death can fail

A deed you sign but hold back for delivery until your death is sometimes called a “pocket deed.” The Florida Bar Journal’s “Failure to Deliver: The Problem with ‘Pocket Deeds’ and a Review of Alternatives” explains that delivery and acceptance during the owner’s lifetime matter. Without delivery, nothing passes to the intended recipient.

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That means a conveyance intended to take effect only after your death may be ineffective if you die before delivery. Do not assume that signing a deed and leaving it for someone to find settles ownership. Before relying on an existing deed, ask a Florida attorney whether delivery and acceptance have occurred and whether the document accomplishes your intended transfer.

How a Lady Bird deed differs

An enhanced life estate deed can let you retain the power to sell, convey, mortgage, lease, or otherwise dispose of the property without the beneficiaries’ consent. Whatever remainder exists passes at death. In everyday terms, the people named to receive the property do not necessarily receive it: your retained powers allow you to dispose of it during your lifetime.

The Florida Bar Journal cautions that statutory language for this deed has not been established and that it may not be insurable. Have a Florida attorney review the wording and ask the title insurer whether it would insure title under the proposed deed before you sign.

A revocable living trust is another alternative identified by Alper Law’s Florida estate-planning guidance. Ask your attorney which arrangement fits your ownership and intended recipients rather than treating a trust and a Lady Bird deed as interchangeable.

How homestead restrictions affect your plan

Florida homestead rules may limit your ability to direct who receives your home at death, including through trust planning.

Under Florida Statutes § 732.4015, homestead cannot be devised – directed to a chosen recipient at death – if you are survived by a spouse or minor child. The exception is that you may devise it to your spouse if you have no minor child. Florida Statutes § 732.401 describes how homestead passes in specified circumstances.

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If your home is Florida homestead, have your attorney address those restrictions before selecting a deed or trust. Do not assume that using a trust removes them.

Before signing a deed intended to pass your home at death, have a Florida estate-planning attorney review it specifically for delivery, retained ownership powers, and homestead restrictions.

About the Author

I’m Michael Renick — a Florida West Coast broker with over 15 years guiding families through some of the biggest decisions of their lives. I’ve built my practice on hard work, honesty, and total transparency. No shortcuts, no spin — just straight answers, deep market knowledge, and the dedication my clients deserve from start to close.

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Equal Housing Opportunity. This article is general information only, not legal, tax, insurance, or financial advice. Market conditions, insurance requirements, and costs vary by property and transaction; confirm your specific situation with the appropriate licensed professional. Michael Renick, Licensed Florida Real Estate Broker, License #BK3241900, licensed by the Florida Department of Business and Professional Regulation (DBPR). Mangrove Realty Associates Inc — each office is independently owned and operated.

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