A Lady Bird deed in Palm Beach County is an enhanced life estate deed that lets you name who will inherit your property at death while keeping full control during your lifetime, and recording one takes a properly drafted document, two witnesses, a notary, and a filing with the Clerk of the Circuit Court & Comptroller for less than $30 in most cases. The details matter. A deed that looks fine at recording can still create title problems years later when you try to sell or refinance, so the drafting is where most of the work actually is.
What the Deed Does
An enhanced life estate deed splits ownership in two. You (the grantor) keep a life estate with enhanced powers, which means you retain every right you had before signing: living in the home, renting it out, mortgaging it, selling it, or recording a new deed that names someone else. The person you name to receive the property at your death (the remainder beneficiary) holds only a future expectancy. They cannot use, mortgage, or block the sale of the property while you are alive.
If you still own the property when you die, it passes automatically to the named beneficiary outside of probate. If you sold it or revoked the deed before then, the beneficiary gets nothing. Because the beneficiary’s interest can be erased at any moment, a judgment against them generally cannot attach to the property during your lifetime. Federal tax liens against the beneficiary are the notable exception; most title companies treat those as a cloud on title regardless of the deed’s enhanced language.
Spousal Consent If the Property Is Your Homestead
If the property is your homestead and you are married, your spouse must sign the Lady Bird deed. The Florida Constitution prohibits devising homestead property to anyone other than a surviving spouse when one exists, and Florida courts treat a Lady Bird deed as the functional equivalent of a devise for this purpose.1The Florida Legislature. Florida Code 732.4015 – Devise of Homestead A deed naming your children as beneficiaries without your spouse’s written consent is almost certainly invalid. If you have minor children, even spousal consent may not be enough to name a non-spouse beneficiary.
Married couples in Palm Beach County often handle this by having both spouses sign as grantors, retaining the enhanced life estate jointly, and naming the children as remainder beneficiaries.
What to Gather Before Drafting
Start at the Palm Beach County Property Appraiser’s website. Every parcel in the county is assigned a Parcel Control Number, a unique 17-digit identifier the Clerk uses to index and locate the property.2Palm Beach County Property Appraiser. What Is a PCN The Property Appraiser’s records also give you the official legal description, which usually uses lot and block numbers or metes and bounds rather than a street address. Copy that description exactly. A transposed number or misspelled subdivision name can cause the Clerk to reject the deed or, worse, create ambiguity about which property was conveyed.
You will also need the full legal name and mailing address of the grantor and each remainder beneficiary. Florida’s statutory warranty deed form under Section 689.02 gives you a template, but it must be modified with enhanced life estate language that explicitly reserves your right to sell, mortgage, or revoke during your lifetime.3The Florida Legislature. Florida Code 689.02 – Form of Warranty Deed Prescribed Generic internet forms frequently omit this language or phrase it in ways major title underwriters will not accept. If the enhanced powers are not spelled out clearly in the granting clause, a future buyer’s title company may refuse to insure the property without a quiet title action.
Formatting the Clerk Will Accept
Florida law imposes specific formatting rules on any deed submitted for recording. Under Section 695.26, the deed must include:4The Florida Legislature. Florida Code 695.26 – Instrument Requirements for Recording
- The legibly printed or typed name and mailing address of every signer, witness, and notary, directly beneath each signature.
- A prepared-by statement giving the name and mailing address of the person who drafted the deed.
- The full name and mailing address of each remainder beneficiary printed on the deed.
- A 3-inch by 3-inch blank space in the top right corner of the first page, and a 1-inch by 3-inch space in the top right corner of every additional page, reserved for the Clerk’s recording stamp.
Missing a printed name under a signature or forgetting the recording space is one of the most common reasons deeds get bounced back.
Witnesses and Notary
Every deed transferring an interest in Florida real property must be signed by the grantor in the presence of two subscribing witnesses, who must also sign.5The Florida Legislature. Florida Code 689.01 – How Real Estate Conveyed A notary public then acknowledges the grantor’s signature. The notary block should include the date of execution and confirm how the grantor’s identity was verified.
Florida also allows remote participation. A witness can attend by audio-video communication that meets the state’s online notarization technology standards, and the witness must hear the grantor acknowledge signing the electronic record.5The Florida Legislature. Florida Code 689.01 – How Real Estate Conveyed Remote online notarization is available too. The notary must hold a separate RON registration, the signer must pass knowledge-based authentication and credential analysis of a government-issued ID, and the session must be recorded and retained for at least 10 years. The notary must be physically located in Florida during the session; the signer can be anywhere.
A Florida notary may charge up to $10 per act for an in-person notarization, or up to $25 per act for a remote online notarization.6Florida Senate. Florida Code 117.05 – Use of Notary Commission The RON platform may add its own fee.
Recording With the Palm Beach County Clerk
The signed and notarized deed goes to the Palm Beach County Clerk of the Circuit Court & Comptroller for recording in the official records.7Clerk of the Circuit Court & Comptroller, Palm Beach County. Recording You can submit in person, by mail, or through an approved third-party e-recording vendor.
Recording fees are $10.00 for the first page and $8.50 for each additional page.8Clerk of the Circuit Court & Comptroller, Palm Beach County. Recording Fees A typical Lady Bird deed runs two to three pages, putting the total between $18.50 and $27.00. If you mail the deed, include a self-addressed stamped envelope so the Clerk can return the original after processing. Pay by check or money order.
The mailing addresses are:9Clerk of the Circuit Court & Comptroller, Palm Beach County. Recording FAQ
- Regular mail: Clerk of the Circuit Court & Comptroller, P.O. Box 4177, West Palm Beach, FL 33402.
- Express mail: Clerk of the Circuit Court & Comptroller, 205 N. Dixie Highway, Room 4.2500, West Palm Beach, FL 33401.
Once recorded, the deed becomes part of the public record. Recording promptly matters because an unrecorded deed, while valid between you and the beneficiary, will not protect the beneficiary against a later buyer or lender who records first without knowledge of the Lady Bird deed.
No Documentary Stamp Tax
Florida imposes a documentary stamp tax of 70 cents per $100 of consideration on most deeds transferring real property.10The Florida Legislature. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property Lady Bird deeds are exempt. Because you retain full ownership and control during your lifetime, no present transfer of a beneficial interest occurs when the deed is recorded, and the Florida Department of Revenue has confirmed that an enhanced life estate deed is not subject to documentary stamp tax regardless of any consideration recited in the deed.11Florida Department of Revenue. Documentary Stamp Tax Technical Assistance Advisement 20B4-004 The later passage at your death also avoids the tax, because it happens by operation of law rather than by a new deed.
Homestead Exemption and Property Taxes
Recording a Lady Bird deed does not trigger a property tax reassessment. Because no ownership transfer actually occurs during your lifetime, the property continues to qualify for the Florida homestead exemption, which shields up to $50,000 of assessed value from most property taxes.12Florida Senate. Florida Code 196.031 – Exemption of Homesteads The Save Our Homes cap, which limits annual increases in assessed value to 3% or the change in the Consumer Price Index (whichever is lower), also stays in place.13Florida Department of Revenue. Save Our Homes Assessment Limitation and Portability Transfer
The reassessment happens when you die. The county will reset the property’s assessed value to current market value, which in Palm Beach County can mean a dramatic tax increase. If the beneficiary moves into the home as a primary residence, they can apply for their own homestead exemption, and Florida’s portability benefit lets them transfer up to $500,000 of accumulated Save Our Homes savings from a previous homestead to soften the jump.
Stepped-Up Basis at Death
Because you retain ownership until death, the property receives a stepped-up basis under federal tax law. The beneficiary’s cost basis resets to the property’s fair market value on the date of your death. If they sell soon after inheriting, there may be little or no capital gains tax. Had you instead gifted the property outright during your lifetime, the beneficiary would have inherited your original cost basis and could have faced a large capital gains bill on sale.
Medicaid Planning
Florida’s Medicaid estate recovery statute allows the state to seek reimbursement for benefits paid after age 55 by filing a claim in the recipient’s probate estate.14The Florida Legislature. Florida Code 409.9101 – Recovery for Payments Made on Behalf of Medicaid-Eligible Persons The statute also bars enforcement of the debt against property that is exempt from creditor claims under Florida law.
A Lady Bird deed sidesteps recovery in two ways. The property passes outside of probate, so there is no probate asset for the state to attach a claim against. And homestead property is constitutionally protected from creditors’ claims in Florida. Under current state policy, Medicaid does not treat recording a Lady Bird deed as a disqualifying transfer that triggers the five-year look-back, because you retain full control and can revoke the deed at any time. The home remains an exempt asset for Medicaid eligibility as long as your equity stays below the applicable limit, currently $752,000 for a single applicant.
This protection depends on Florida’s current statutory framework and administrative policies, which could change. If Medicaid planning is your main reason for recording a Lady Bird deed, get current legal advice before signing.
Why Title-Company Language Matters
The most common real-world problem with Lady Bird deeds does not show up at recording. It shows up years later, when you try to sell or refinance and a title company refuses to issue a policy. Title underwriters have specific language requirements for enhanced life estate deeds, and imprecise drafting can create ambiguity about whether you truly retained the power to convey clear title without the beneficiary’s involvement.
If a title company decides the deed is defective, the fix is either a corrective deed (if you are still alive and competent) or a quiet title lawsuit (if you have died or become incapacitated). Quiet title actions in Palm Beach County can take months and cost several thousand dollars. Have the deed reviewed before recording by someone familiar with the language major Florida title underwriters accept, and the rest of the process is straightforward.