Does Florida Allow Transfer on Death Deeds?

Why TOD deeds aren't available in Florida

Florida has not adopted the Uniform Real Property Transfer on Death Act or any statute authorizing transfer-on-death deeds for real property.

Florida recognizes enhanced life estate deeds (Lady Bird deeds) at common law, which provide similar probate-avoidance benefits but are NOT statutory TOD deeds. Lady Bird deeds allow the owner to retain full control during lifetime, including the right to sell, mortgage, or revoke, without the beneficiary's consent: under Florida Bar (RPPTL Section) Uniform Title Standards 6.10 and 6.11 (June 2019), a life tenant holding that reserved power "can convey or encumber the fee simple estate during the lifetime of the holder without the remainderman." The lack of statutory authority is documented rather than assumed — the Comment to Standards 6.10 and 6.11 states that "there is no Florida Statute governing such conveyances and scant judicial authority supporting the practice," and that the standards represent the consensus view of the Section; the case authority they cite is Oglesby v. Lee, 73 Fla. 39, 73 So. 840 (1917) and Aetna Ins. Co. v. La Gasse, 223 So. 2d 727 (Fla. 1969). Under Standard 6.12, a remainderman of homestead property takes fee simple title at the life tenant's death only when the transfer does not violate the Florida Constitution's restriction on devise of homestead: Art. X, s. 4(c) provides that "[t]he homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child." A lifetime conveyance of homestead by the life tenant separately requires spousal joinder under the same provision, which states that "[t]he owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift." As a conveyance of an interest in real property, a Lady Bird deed must be signed in the presence of two subscribing witnesses (Fla. Stat. 689.01) and meet Florida recording requirements (Fla. Stat. 695.26). Florida's only statutory transfer-on-death framework is the Florida Uniform Transfer-on-Death Security Registration Act (Fla. Stat. Ch. 711, 711.50-711.512), which applies to securities and securities accounts only and does not extend to real property. A sweep of the Florida Legislature (flsenate.gov) covering the 2026 regular and special sessions and the 2027 filings to date found no transfer-on-death deed bill.

Alternatives for Florida

These mechanisms transfer real property at death without probate in Florida:

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  Revocable living trust
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  Enhanced life estate deed (Lady Bird deed)
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  Joint tenancy with right of survivorship
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  Tenancy by the entirety (married couples)

Consult a licensed attorney for help choosing the right mechanism for your situation.