When a property owner passes away in Florida and a Lady Bird Deed (also called an enhanced life estate deed) is in place, the next steps are often much simpler than many people expect. This type of deed is specifically designed to avoid probate, but it still requires a few important actions to officially transfer the property.
If you’re wondering what to do with lady bird deed after death, here’s a step-by-step guide to help you complete the process properly.
For an overview of how this tool works, you can also visit our main Lady Bird Deed page.
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Step 1: Verify That the Property Was Transferred with a Lady Bird Deed
Before taking any action, confirm that the deed on the property is in fact a Lady Bird Deed. You can usually find this information in the recorded deed document, which should include:
- The name of the current owner (who has passed away)
- The phrase “enhanced life estate” or language indicating the owner kept full control during life
- The names of the remainder beneficiaries (often listed as “remaindermen”)
If you’re not sure what type of deed is in place, our attorneys at Woodstock Law Firm can help you review the document and explain your options.
Step 2: Obtain a Certified Copy of the Death Certificate
You will need a certified copy of the deceased owner’s death certificate to begin the transfer process. This document proves that the life estate has ended and that the property should now pass to the named beneficiaries.
You can request the death certificate from the Florida Department of Health or the county health department where the person died.
Step 3: Record the Death Certificate with the County Clerk
Once you have the certified death certificate, it must be recorded with the Clerk of Court in the county where the property is located. This step officially updates the public records to show that the property is now owned by the remainder beneficiaries.
What you’ll need:
- Certified copy of the death certificate
- Property information (legal description, address)
- Small recording fee (varies by county)
Recording the death certificate is a critical step to ensure that the transfer is recognized by the county and by title companies.
Step 4: Notify the Property Appraiser’s Office
After recording the death certificate, you should contact the local property appraiser’s office to update the ownership records and confirm whether the property still qualifies for the Florida homestead exemption.
In some cases, you may need to reapply for the exemption if the new owner plans to use the property as their primary residence.
Step 5: Understand Your Rights as the New Property Owner
Once the property has officially transferred, the named beneficiary becomes the full legal owner. You now have the right to:
- Sell the property
- Refinance the mortgage
- Rent it out or occupy it
- Transfer it to someone else
There is no need for probate, no court hearing, and no additional approval needed—as long as the Lady Bird Deed was valid and properly recorded.
Beneficiary’s Checklist: Recording the Transfer
1. Order certified copies of the death certificate. Most Florida families end up needing certified copies for several institutions at once (banks, insurers, the property, and sometimes Social Security or the VA), and ordering extra upfront is easier than reordering later. For the real estate transfer alone, plan on at least one certified copy per county where the deceased owned property.
2. Record the death certificate with the Clerk of Court in the county where the property sits, not the county where the person died, if different. If the property spans more than one county, you record it separately in each county.
3. Reapply for the homestead exemption in your own name, if you plan to live there. The exemption does not automatically pass to you as the beneficiary (the only exception is a surviving spouse): you have to file your own application with the county property appraiser, generally by March 1 of the year after the transfer.
4. If there’s a mortgage, contact the loan servicer before you do anything else with the property. Under the federal Garn-St Germain Act, a lender cannot call the loan due or force a refinance just because the owner died and a family member inherited the home; a qualifying relative can usually keep making payments under the existing loan.
5. Give yourself time, but don’t sit on it. Florida doesn’t set a hard statutory deadline for beneficiaries to record a death certificate, but doing it promptly protects your ability to sell, refinance, or meet the March 1 homestead deadline above.
When You Should Call an Attorney
Most Lady Bird deed transfers in Florida are genuinely simple. Call Woodstock Law at (954) 355-4255 if any of these apply to your situation:
– The title has a cloud on it: a lien, an old mortgage that was never released, or a legal description that doesn’t match the deed on file.
– A named beneficiary died before the property owner did, and the deed doesn’t clearly say who inherits in that case.
– The heirs don’t agree on whether to sell, keep, or divide the property.
– The estate is (or may become) subject to Medicaid estate recovery, which can complicate a straightforward transfer if the deceased received Medicaid long-term care benefits.
– You’re not sure the deed was drafted correctly in the first place and want a second set of eyes before you rely on it.
Do You Need a Lawyer After the Owner’s Death?
In many cases, you can complete the steps above without going to court. However, it’s a good idea to consult an attorney if:
- The deed has unclear or conflicting language
- There are multiple beneficiaries and disagreement among them
- There are outstanding liens, judgments, or unpaid taxes
- You cannot locate the original deed or legal description
- You plan to sell or transfer the property and want to avoid title issues
At Woodstock Law Firm, we assist families across Florida with Lady Bird Deed transfers, ensuring all documents are correct and the process is smooth from start to finish.
Need Help Completing a Lady Bird Deed Transfer?
If you’re not sure what to do with lady bird deed after death, we’re here to help.
Our attorneys can:
- Review the deed
- Confirm your rights as a beneficiary
- Record the necessary documents
- Assist with title updates and property transfers
Call us today at (954) 355-4255 or request a free consultation online.
We serve clients throughout Florida and offer fast, flat-fee service.
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