Does Florida Have a Transfer on Death Deed?
Florida does not have a statutory Transfer on Death Deed for real property. Learn why, and how a Lady Bird (enhanced life estate) deed achieves the same probate-avoidance goal in Florida.
Florida does not have a statutory Transfer on Death Deed (also called a TOD deed or beneficiary deed) for real property. Unlike roughly two-thirds of states, Florida's legislature has never adopted the Uniform Real Property Transfer on Death Act, and no Florida statute authorizes a TOD deed for real estate.
If you have seen a "Florida TOD deed" mentioned, it usually points to one of two different things:
- The Lady Bird deed (enhanced life estate deed), which is Florida's established way to pass real estate outside probate while keeping full control during life. This is what most Floridians use in place of a TOD deed.
- Florida's transfer-on-death registration for securities and payable-on-death (POD) bank accounts (Chapter 711, Florida Statutes), which applies to financial accounts, not real estate.
How to Pass Florida Real Estate Outside Probate
Because Florida has no real-property TOD deed, the main options are:
- Lady Bird (enhanced life estate) deed. You keep full ownership and control during life, including the right to sell, mortgage, or revoke, and the property passes automatically to your named beneficiary at death without probate. Florida is one of a handful of states that recognizes this deed.
- Revocable living trust. You transfer the property into a trust that names beneficiaries. The property avoids probate, and you can change or revoke the trust during your life.
- Joint ownership with right of survivorship. The surviving co-owner takes title automatically, though this gives the co-owner a present interest and carries its own tradeoffs.
Why the Lady Bird Deed Is Florida's Answer
A Lady Bird deed accomplishes the same core goal a TOD deed serves in other states: it keeps you in full control of your property while you are alive and transfers it automatically to your beneficiary at death, avoiding probate. See the Florida Lady Bird deed guide for how to create one, what it costs, and how it is treated for Medicaid estate recovery.
Frequently Asked Questions
Does Florida allow transfer on death deeds for real estate?
No. Florida has no statute authorizing a transfer on death deed (also called a beneficiary deed) for real property. Florida uses the Lady Bird deed instead.
What is the Florida equivalent of a TOD deed?
The Lady Bird deed (enhanced life estate deed). It lets you keep control of your home during life and pass it to a beneficiary at death without probate.
Can I use a TOD deed form from another state in Florida?
No. A TOD deed executed under another state's statute has no effect on Florida real estate. Use a Florida Lady Bird deed or a revocable living trust instead.
This guide is general information about Florida law, not legal advice. Consult a Florida estate-planning attorney about your specific situation.
Related Florida Resources
Florida Transfer on Death Deed: Does Florida Allow One?
Florida does not have a statutory transfer on death deed for real property. Here is why, and the Lady Bird deed and other tools Floridians use to pass real estate outside probate.
Can You Handle Florida Probate Without a Lawyer?
Florida requires an attorney for formal administration in most cases. Learn which probate procedures allow self-representation, free legal resources, and when you truly cannot go it alone.
Selling Inherited Property in Florida
Selling a home or real estate you inherited in Florida involves probate, homestead rules, Letters of Administration, and capital gains tax. Here is what to expect and how to navigate the process.
Florida Probate Forms (2026): Why There's No Single Packet
Florida probate forms guide. No single statewide packet: county clerks (Miami-Dade, Broward, Palm Beach + 4 more) publish their own. With sources.