Bill Read About a "TOD Deed" Online. Does Florida Have One?

Bill's Question

Bill is 68 and moved to Palm Coast a few years ago after retiring from a career in Ohio. Back home, he and his late wife had signed a transfer-on-death deed on their house, a simple form that named their daughter as the person who would receive the property the moment they passed, with no probate court involved. When Bill bought his new home in Flagler County, he assumed Florida would offer the same tool. A little research told him otherwise, and it left him wondering what to do instead. (Bill is a composite example built from the kinds of questions I hear often in my practice, not an actual client.)

His confusion is common, and it is worth untangling calmly, because the fix is straightforward.

What a TOD Deed Is, and Which States Have One

A transfer-on-death deed (sometimes called a beneficiary deed) is a statutory form that many states allow a property owner to record during life. It names a beneficiary who receives the real estate automatically at the owner's death, without a probate proceeding. Roughly thirty states have adopted some version of this tool, and about twenty of those did so under the Uniform Real Property Transfer on Death Act, a model law drafted so states could adopt a consistent form.

Ohio is one of the states that allows this kind of deed, which is exactly why Bill's old paperwork worked the way it did. The deed he signed there named his daughter as beneficiary, and under Ohio law that designation would have controlled what happened to that specific house.

Why Florida Never Adopted a TOD Deed

Florida is one of the states that has not adopted the Uniform Real Property Transfer on Death Act, and the Legislature has not written its own version either. There is no Florida statute that creates a transfer-on-death deed for real estate. If someone records a deed labeled 'transfer on death' on Florida land, that label carries no legal weight here, because no Florida law gives it one.

Florida instead relies on two well-established tools to accomplish the same basic goal: a lady bird deed, formally called an enhanced life estate deed, or a revocable living trust under Florida Statutes Chapter 736. Neither one is new. Both have been used by Florida title companies, closing attorneys, and estate planning lawyers for decades.

How the Lady Bird Deed Reaches the Same Result

A lady bird deed lets a Florida homeowner keep full control of the property for life, including the right to sell it, mortgage it, or revoke the deed entirely, all without needing permission from the named beneficiaries. When the owner dies, the property passes automatically to those beneficiaries by recording a death certificate, with no probate case and no court order required.

Florida recognizes this deed under common law and long-standing title practice, not under a specific statute written for this purpose. The Florida Bar has published guidance describing how enhanced life estate deeds work, and Florida title insurers routinely accept them as a valid way to hold and transfer title. If Bill wanted his Palm Coast home to go to his daughter without probate, exactly the outcome his old Ohio deed produced, a lady bird deed prepared for his Florida property would accomplish it.

• The owner remains the real, legal owner during life, with unrestricted control.
• The named beneficiary has no present interest and no say in what the owner does with the property.
• At death, title passes directly to the beneficiary outside of probate.
• The deed can be changed or revoked at any time before death, as long as the owner is competent to do so.

Two Real Differences Bill Should Know

The lady bird deed gets Bill to the same destination as his old TOD deed, but the road looks a little different, and two distinctions matter.

First, a present life estate versus a pure beneficiary designation. A TOD deed in a state like Ohio is purely a beneficiary designation. It does not create any current property interest for anyone; it simply says who inherits later. A Florida lady bird deed technically creates a present life estate in the owner, paired with what is called a remainder interest for the beneficiary, but structured so the owner's life estate is 'enhanced,' meaning the owner keeps every power a full owner would have. The practical effect for Bill is the same, full control now, automatic transfer later, but the underlying legal structure is different, which is part of why Florida courts and title companies analyze these deeds under longstanding property law concepts rather than a beneficiary-designation statute.

Second, how title companies and lenders treat the two documents. Because TOD deeds are creatures of statute in states that allow them, a title examiner there simply checks the recorded form. In Florida, because the lady bird deed rests on common law and accepted title standards rather than a specific statute, it needs to be drafted carefully so that a title company reviewing the chain of title later has no doubt about what interest was reserved and what interest passes at death. This is one reason a self-guided form found online can create problems if the language does not match Florida title standards precisely.

Getting the Deed Itself Right

Whatever the underlying legal theory, a Florida deed follows the same basic execution rules as any other deed in this state. It must be signed by the owner, witnessed by two people, and acknowledged before a notary, then recorded in the official records of the county where the property sits, in Bill's case, Flagler County. Missing any one of these formalities can keep the deed from working as intended, which is exactly the kind of detail worth having reviewed rather than guessed at.

Truestead prepares Florida lady bird deeds for $199 self-guided or $399 attorney-prepared, with the attorney-prepared option including recording, so homeowners like Bill have a choice that fits their comfort level and their budget.

Sources

• Florida Bar consumer guidance on enhanced life estate (lady bird) deeds
• Alperlaw, "Florida Transfer on Death Deed: Does Florida Have a TOD or Beneficiary Deed?", April 16, 2026
• Lumsden Law Firm, "Transfer on Death Deed in Florida: Why It Doesn't Exist", May 5, 2026
• Zoecklein Law, "Florida Lady Bird Deed: How It Works, Costs & Pitfalls (2026)"

This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.