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Does Florida Have a Transfer on Death Deed?
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Does Florida Have a Transfer on Death Deed?

Florida has no statutory Transfer on Death Deed for real property. Learn why, and how a Lady Bird deed achieves the same probate-avoidance goal.

By Settled Editorial

Florida does not have a statutory Transfer on Death Deed (also called a TOD deed or beneficiary deed) for real property. Florida law does recognize transfer-on-death and pay-on-death arrangements, but every one of them is scoped to financial assets. Chapter 689, the chapter that governs how Florida real estate is conveyed, contains no transfer-on-death or beneficiary deed section.

If you have seen a "Florida TOD deed" mentioned, it usually points to one of three 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.
  • Transfer-on-death registration of securities, under the Florida Uniform Transfer-on-Death Security Registration Act (Chapter 711, Florida Statutes). This covers stocks, bonds and brokerage accounts, not real estate.
  • Payable-on-death (POD) bank accounts, under a different statute, Section 655.82. It covers checking accounts, savings accounts, certificates of deposit and share accounts. Under that section a POD beneficiary "has no right to sums on deposit during the lifetime of any party," and the money belongs to the surviving beneficiary only at death.

Those two are frequently run together as "Chapter 711." They are separate statutes covering different assets, and neither one reaches your house.

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. Watch the default: under Section 689.15, a conveyance to two or more people creates a tenancy in common unless the deed expressly provides for survivorship, so the right you are counting on has to be written into the instrument. Spouses holding as tenants by the entirety are the exception.

If none of these is in place, the property goes through probate. The Florida probate guide walks through what that involves, and how to avoid probate in Florida covers the non-real-estate assets in the same estate.

The Homestead Restriction That Overrides Your Plan

Before you pick any of these, check whether the property is your Florida homestead, because Florida limits who you may leave it to. Under Section 732.4015, "the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner's spouse if there is no minor child or minor children."

Read that in plain terms:

  • Surviving spouse, no minor children. You may leave the homestead to the spouse, and only to the spouse.
  • Any minor child surviving. You may not devise the homestead at all. It passes under the constitutional and statutory rules, not under your deed or will.
  • Neither a spouse nor a minor child. The restriction does not apply, and you are free to name whomever you like.

This is why a beneficiary deed that looks perfect can still fail. Naming an adult child on a Lady Bird deed while a minor child survives you runs straight into this restriction. Confirm your homestead status and who will survive you before choosing the instrument, and get a Florida attorney to check the deed against this rule.

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.

Does Florida have a statute for the Lady Bird deed either?

No. The enhanced life estate deed is a Florida practice built on common law and title custom rather than a statute, which is why the wording of the deed carries so much weight. Have a Florida real-estate or estate-planning attorney draft it rather than adapting a form.

My bank says my account is "TOD." Does that cover my house?

No. A TOD or POD designation attaches to that one account or security registration. It does nothing for real estate, and it does nothing for assets you did not designate.

This guide is general information about Florida law. It is not legal advice. Consult a Florida estate-planning attorney about your specific situation.

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Information current as of August 1, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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