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. Lady Bird deeds lack explicit statutory authorization in Florida but are supported by Florida Bar (RPPTL Section) Uniform Title Standards 6.10, 6.11, and 6.12 (June 2019), general property law principles, and title insurance industry acceptance. 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 (surviving spouse or minor child). 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 only and does not extend to real property. No TOD deed bills were found in a search of the Florida Legislature (flsenate.gov) for the 2024-2026 sessions.

Alternatives for Florida

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

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

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