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Florida does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.
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 Uniform Title Standards 6.10, 6.11, and 6.12 (adopted 2019), general property law principles, and title insurance industry acceptance. 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.
These mechanisms transfer real property at death without probate in Florida:
Consult a licensed attorney for help choosing the right mechanism for your situation.
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 4 alternatives for transferring real property outside of probate: Revocable living trust; Enhanced life estate deed (Lady Bird deed); Joint tenancy with right of survivorship; Tenancy by the entirety (married couples).
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Florida.