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Transfer on Death Deed Laws in Florida

Florida does not have a statute allowing transfer on death deeds for real estate; owners commonly use an enhanced life estate (lady bird) deed or a living trust instead.

Last checked . General information, not legal advice.

Florida at a glance

TOD deed allowed
No
Florida has no transfer on death deed statute for real estate; enhanced life estate (lady bird) deeds are used instead.
Uniform act adopted
No
Recording rule
Not applicable (no TOD deed law)

Sources

Last checked

The rules in Florida

Does Florida allow transfer on death deeds for real estate?

No. TOD deed allowed in Florida: no. Florida has no transfer on death deed statute for real estate; enhanced life estate (lady bird) deeds are used instead.

Has Florida adopted the Uniform Real Property Transfer on Death Act?

No. Uniform act adopted in Florida: no.

When must a transfer on death deed be recorded in Florida?

Recording rule in Florida: Not applicable (no TOD deed law).

Where do the Florida transfer on death deed laws come from?

The rules above come from Florida Transfer on Death Deed Guide (Alper Law). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.