Do I Need a Transfer on Death Deed in Florida?
Florida does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
No. Florida does not 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 has no TOD deed, real property passes outside probate through: Revocable living trust; Enhanced life estate deed (Lady Bird deed); Joint tenancy with right of survivorship; Tenancy by the entirety (married couples). The Florida trust vs. will comparison sets the routes side by side.
35 jurisdictions allow a transfer on death deed for real property; Florida is not one of them. A revocable living trust does the same work in every state and covers the other assets as well.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Florida
Free forms for planning your estate in Florida: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.
Financial Power of Attorney
Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source witnesses and a notary.
Living Will
In Florida, the living will is the Living WillFla. Stat. ch. 765, Part III (ss. 765.301-765.309)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Last Will and Testament
In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.
Tools for Planning Your Estate in Florida
Free tools for planning your estate in Florida: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Florida does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Florida runs $4,320Estimate: 10 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,320Estimate: 3 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,640Estimate: 6 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Florida, four years at a public university cost about $64,352NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Florida automatically revokes an ex-spouse as beneficiary at divorceFla. Stat. § 732.703Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source.
When you're ready, we're here.
Florida Estate Planning Resources
In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.