Florida life estate deed
A life estate deed passes your Florida property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death or lady bird deed, it cannot be undone once it is signed and delivered. 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
- Approved submitters
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 delivered; recording protects it against later buyers and creditors. 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.
The Florida law behind this deed
Florida has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Fla. Stat. § 689.01 |
| Recording with the Clerk of the Circuit Court | Fla. Stat. §§ 695.26, 695.03 |
| Homestead and spousal consent | Fla. Const. art. X, § 4 |
| Transfer tax | Fla. Stat. § 201.02 |
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. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | Recommended so the original comes back to you. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
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 grantor signs in the presence of both. The notary may serve as one of the two witnesses, but a second, separate witness is still required. Each witness must print his or her name and post-office address under his or her signature (Fla. Stat. § 695.26(1)(c)); the clerk will not record the deed without them.
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)). A deed from one spouse to the other, including one that makes the spouses tenants by the entirety, does not need the receiving spouse's signature (Fla. Stat. § 689.11(1)).
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 the wording, notary certificate, and 3-inch first-page margin used for Florida deeds.
- Sign in front of a notaryBring photo ID and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- Record it with the Clerk of the Circuit CourtFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in Florida
| Cost | Typical amount |
|---|---|
| Recording fee | $10 for the first page and $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 | Florida caps notary fees at $10 per notarial act in person and $25 for an online notarization (Fla. Stat. §§ 117.05(2)(a), 117.275). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 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).
Exemptions that commonly apply to a transfer like this: A deed of homestead property between spouses (one spouse to the other, one spouse to both, or both to one) where the only consideration is the existing mortgage (§ 201.02(7)(b)) and A deed of the marital home between spouses or former spouses made under a dissolution-of-marriage action, with tax paid on such a deed up to 1 year before the dissolution refundable (§ 201.02(7)(a)). 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.
Many Florida recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
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.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- 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. Each witness also prints a name and post-office address under the signature (Fla. Stat. § 695.26(1)(c)).
- The deed must show the name and post-office address of the person who prepared it (Fla. Stat. § 695.26(1)(b)). Deedly prints them in the PREPARED BY block.
- 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. The exception is a deed from one spouse to the other, which the receiving spouse need not sign (Fla. Stat. § 689.11(1)).
- 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, unless it is a homestead transfer between spouses (Fla. Stat. § 201.02(7)(b)).
- 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.
- Most Florida counties record deeds with the Clerk of the Circuit Court, but Broward County records them with its Records, Taxes and Treasury Division and Orange County with the Orange County Comptroller. Send the deed to the right office.
- Florida does not have transfer-on-death deeds. The lady bird deed is Florida's probate-avoidance instrument. If the property is your homestead and you leave a spouse or a minor child, Florida's homestead rules can override it at your death (Fla. Const. art. X, § 4(c); Fla. Stat. §§ 732.4015, 732.4017).
$49, 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 $49, versus roughly $150–$700 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 $10 for the first page and $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 a transfer of unencumbered property for no consideration owes only the $0.70 minimum. Florida sets these fees by statute (Fla. Stat. § 28.24): $10.00 for the first page, $8.50 for each additional page, and $1.00 for each name over four. 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 grantor signs in the presence of both. The notary may serve as one of the two witnesses, but a second, separate witness is still required. Each witness must print his or her name and post-office address under his or her signature (Fla. Stat. § 695.26(1)(c)); the clerk will not record the deed without them.
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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No. Once a life estate deed is signed and delivered, 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 your death the property passes directly to the people you named, outside probate. They then record proof of your death with the Clerk of the Circuit Court so the public record shows the change. 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)). A deed from one spouse to the other, including one that makes the spouses tenants by the entirety, does not need the receiving spouse's signature (Fla. Stat. § 689.11(1)). 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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.