Florida Transfer on Death Deed: Does Florida Allow One?

Florida does not have a statutory transfer on death (TOD) deed for real property. If you searched for a Florida TOD deed or "beneficiary deed" for real estate, the direct answer is no. Florida's legislature has never adopted the Uniform Real Property Transfer on Death Act, and no Florida statute authorizes a TOD deed for land.

For the full explanation and the tools Floridians use instead, see the Florida Transfer on Death Deed guide. This article summarizes the alternatives.

Does Florida Allow Transfer on Death Deeds for Real Estate?

No. Florida's only transfer-on-death statute is the Florida Uniform Transfer-on-Death Security Registration Act (Chapter 711, Florida Statutes), which applies to securities and financial accounts registered in beneficiary form, not real estate. According to the Uniform Law Commission, most states have adopted some version of the Uniform Real Property Transfer on Death Act, but Florida is not among them.

What Floridians Use Instead

• Lady Bird (enhanced life estate) deed. Florida's established substitute for a TOD deed. You keep full control of your property during life, including the right to sell, mortgage, or revoke, and it passes automatically to your beneficiary at death without probate. Florida is one of a handful of states that recognizes this deed.
• Revocable living trust. The property is titled in a trust that names beneficiaries, avoiding probate while remaining revocable during your life.
• Beneficiary and payable-on-death designations. Bank and investment accounts, retirement plans, and life insurance pass directly to named beneficiaries. Florida also allows transfer-on-death registration for securities under Chapter 711.
• Joint ownership with right of survivorship. The surviving co-owner takes title automatically, with its own tradeoffs.

Which Option Is Right?

For most Floridians who want a TOD-deed-style result for their home, the Lady Bird deed is the closest equivalent. Homestead, Medicaid estate recovery, creditor, title, and family circumstances can change the best choice, so compare the options and talk to a Florida estate-planning attorney before recording anything.

Frequently Asked Questions

Does Florida allow a transfer on death deed for real estate?

No. Florida has no statute authorizing a TOD or beneficiary deed for real property. The Lady Bird deed is Florida's established alternative.

Can I use another state's TOD deed form for my Florida property?

No. A TOD deed executed under another state's law has no effect on Florida real estate. Use a Florida Lady Bird deed or a revocable living trust.

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This article is general information about Florida law, not legal advice. Consult a Florida estate-planning attorney about your situation.