Florida life estate deed
A life estate deed lets you name who inherits your Florida property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Florida requires, what it costs, and where to file it.
- Recording office
- Clerk of the Circuit Court
- Witnesses
- 2 + notary
- Transfer tax
- $0.70 per $100 of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$10 first page
- E-recording
- Generally available
What a life estate deed does in Florida
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is recorded. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
Less common in Florida
Life estate deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Florida homeowners use a life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
What Florida requires on the deed
These are the execution and formatting rules circuit court clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Florida says |
|---|---|
| Recording office | Clerk of the Circuit Court |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
Florida requires 2 witnesses
Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The notary may serve as one of the two witnesses, but a second, separate witness is still required.
A spouse may have to sign even if they are not an owner
Both spouses must join in a conveyance or mortgage of homestead property, even if only one spouse is on the title (Fla. Const. art. X, § 4(c)).
How to complete and record it in Florida
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Clerk of the Circuit Court can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Florida's statutory language, the correct notary block, and the 3-inch first-page margin circuit court clerks expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Record it with the Clerk of the Circuit CourtFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Florida
| Cost | Typical amount |
|---|---|
| Recording fee | About $10 for the first page plus about $8.50 per additional page |
| Transfer tax | Documentary stamp tax: $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Florida charges a documentary stamp tax of $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property). It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: a gift of unencumbered property with no consideration (minimum $0.70 tax still applies) and transfers between spouses of a marital home within one year of dissolution of marriage. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Florida
Florida deeds are recorded with the Clerk of the Circuit Court in the county where the property sits, not where you live. There are 67 counties in Florida.
Most Florida recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Florida: Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, Pinellas, Lee, Polk, Brevard, Pasco, Volusia. See all Florida recording offices.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- The remaindermen may lose the full step-up in basis that a lady bird deed or a TOD deed would have preserved.
- It is usually treated as a divestment for Medicaid purposes, unlike a lady bird deed. Get advice before using it for that purpose.
Quirks of Florida law that catch people out
- Florida requires TWO witnesses to the grantor's signature in addition to the notary. This is the single most common reason a Florida DIY deed gets rejected. The notary can be one of the two witnesses, but you still need a second person.
- Florida homestead law requires BOTH spouses to sign a conveyance of a homestead property, even when only one spouse's name is on the deed.
- Documentary stamp tax applies to any mortgage balance the grantee takes subject to. A $0 sale price does not mean $0 tax if there is a loan on the property.
- Leave a 3-inch by 3-inch blank block at the top right of page one. Florida clerks stamp there and will reject deeds that fill it.
- Florida does not have transfer-on-death deeds. The lady bird deed is Florida's probate-avoidance instrument, and it works extremely well here.
$69, one time. Your finished deed appears in full before you pay, with Florida's witness rules, margins, and recording instructions already applied.
Common questions
No. Florida has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the Clerk of the Circuit Court. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $10 for the first page and about $8.50 per additional page. Florida also charges documentary stamp tax of $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property), though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
Yes. Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The notary may serve as one of the two witnesses, but a second, separate witness is still required.
With the Clerk of the Circuit Court in the county where the property is located, not where you live, and not where the buyer lives. Florida has 67 counties. Most offices also accept e-recording through a submitting service.
No. Once a life estate deed is recorded, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a lady bird deed instead.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the Clerk of the Circuit Court. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Often, yes. Both spouses must join in a conveyance or mortgage of homestead property, even if only one spouse is on the title (Fla. Const. art. X, § 4(c)). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Florida quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Florida general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Florida special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Florida lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- All deed rules for FloridaRecording offices, transfer tax, witness rules, and fees.
- Florida recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.