Does a Lady Bird Deed Have to Be Recorded?

Yes, a lady bird deed should be recorded with your county’s clerk of court. The recording is not a legal requirement, but it is a standard practice and comes with a number of benefits.

A lady bird deed—also called an enhanced life estate deed—is a special kind of deed that lets you transfer your property at death while retaining control over it during your lifetime. With most life estate deeds, you are giving away a portion of your ownership. However, with the lady bird deed, you retain complete control over your property as long as you are alive.

But does the lady bird deed get recorded with the clerk of court? Yes, it should. In Florida, the clerk of court is responsible for recording deed transaction. When the transaction is recorded, it provides notice to others that the transaction occurred. And notice can be very important if there is a dispute later over the property. Recording the transaction also creates a presumption that the deed was properly delivered, which is a requirement for a valid deed. And you want that presumption! Without it, the deed could be challenged as having never been properly delivered to the remainder beneficiary (the person you want to get your house after you die). For these reasons, recording the deed is considered to be a standard practice.

Therefore, even though recording is not a requirement for lady bird deeds, it should always be done. And when you record, be sure to follow all of the rules of your local clerk of court! Each clerk of court in Florida has its own rules about formatting. Also, be sure to include the 70 cent minimum documentary stamp taxes and the recording fee.

If you need help drafting or recording a lady bird deed, call an estate planning attorney with experience in lady bird deeds for help.