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Transfer-on-death deeds in Florida

Short answer: no. Florida does not recognize transfer-on-death deeds, and recording one may not do what you're hoping. Here is what works here instead.

Reviewed September 1, 2026
Create my Florida lady bird deed

Florida does not recognize transfer-on-death deeds

Florida has no statute creating them, so one recorded here may have no effect, and if it fails the property goes through probate. We would rather tell you that than sell you a document that may do nothing.

Why Florida does not have them

Transfer-on-death deeds exist only where a state legislature has created them by statute. 34 states plus the District of Columbia have done so; Florida is not among them. Where no statute provides for one, there is no assurance it would work.

What Florida homeowners use instead

There are working alternatives in Florida:

Other ways to avoid probate in Florida

  • A revocable living trust. The most flexible option and the standard answer in states without a TOD deed. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
  • Survivorship titling. Florida recognizes tenancy by the entirety for married couples, which passes the property to the survivor automatically and can protect it from the creditors of only one spouse; how far that protection goes depends on Florida law.
  • Small estate procedures. Florida has simplified processes for smaller estates that can be far cheaper than full probate. The limits are set by state statute, and some do not reach real estate; the probate court clerk can tell you the current figures.
Create my Florida lady bird deed

$49, one time. The probate-avoidance deed Florida does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.

Common questions

A county office might physically accept and index the document, but recording is not the same as validity. Without a statute authorizing the instrument, there is no assurance a Florida court or title company would give it the effect you intended, and if it failed the property would go through probate. Use one of the alternatives above instead.

34 states plus the District of Columbia: Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Florida can tell you which fits your situation in a single consultation.

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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.