Do I Need a Transfer on Death Deed in Florida?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. Florida does not currently allow transfer on death deeds. Florida has not adopted the Uniform Real Property Transfer on Death Act or any statute authorizing transfer-on-death deeds for real property.

Because Florida does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Enhanced life estate deed (Lady Bird deed), Joint tenancy with right of survivorship, Tenancy by the entirety (married couples). Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Florida typically passes through probate unless held in a trust or with joint tenancy. Use the Florida probate calculator to estimate what that would cost.

TOD Deeds in Florida

Florida does not currently allow transfer on death deeds (No). Florida has not adopted the Uniform Real Property Transfer on Death Act or any statute authorizing transfer-on-death deeds for real property. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Florida is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $0 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Florida families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court

Data sourced from Florida statutes and official state code. How we research.

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