Free Lady Bird Deed Form

Lady Bird Deed Form

A lady bird deed is a legal document that transfers real estate ownership to a designated beneficiary (grantee) upon the owner’s death, without probate. A key feature of this deed is that the owner retains complete control over the property during their lifetime. This type of deed is recognized in only five states:

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Last updated April 24th, 2025

A lady bird deed is a legal document that transfers real estate ownership to a designated beneficiary (grantee) upon the owner’s death, without probate. A key feature of this deed is that the owner retains complete control over the property during their lifetime. This type of deed is recognized in only five states:

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By State (5)

  • Florida
  • Michigan
  • Texas
  • Vermont
  • West Virginia

Lady Bird Deeds are only permitted in the above states.

 

Advantages of Lady Bird Deeds

  • Avoids Probate: Upon the owner’s death, the property automatically transfers to the named beneficiary, bypassing probate court entirely.
  • Retains Full Ownership Rights: The owner can sell, lease, or refinance the property anytime without involving the beneficiary.
  • Protects Against Medicaid Estate Recovery: Because the property avoids probate, it generally isn’t subject to Medicaid estate recovery, helping preserve the estate for heirs.

Lady Bird Deed Disadvantages

  • Limited to Real Property: The deed only applies to real estate. Other types of assets must be handled through a will or trust.
  • Potential Conflicts Among Multiple Beneficiaries: If multiple individuals inherit the property, unanimous consent is typically needed for future decisions like selling, which may complicate matters if disagreements arise.

Alternative: Transfer on Death Deed

In 29 other states, a Transfer on Death (TOD) Deed provides a similar benefit, allowing property to pass to a beneficiary outside of probate, without the enhanced rights reserved by a Lady Bird Deed.

If your state isn’t on this list, you may want to consider a Transfer on Death Deed, Revocable Living Trust, or Joint Ownership instead.

 

Step-by-Step: How to File a Lady Bird Deed

1. Download Your State’s Official Deed Template

Use the correct Lady Bird Deed form for the state where the property is located.

 

2. Fill Out the Deed

Include the following:

  • Grantor’s full legal name and marital status
  • Legal description of the property (found on your deed or property tax bill—not just the address)
  • Name and address of the beneficiary (and an alternate, if desired)
  • Statement retaining enhanced life estate rights

 

3. Sign the Deed

Each state has specific requirements:

  • Must be signed in front of a notary public
  • Some counties may require witnesses—check with your local recorder’s office

 

4. Record the Deed

Bring the completed deed to the county clerk or recorder’s office where the property is located. Pay the applicable filing fee (usually $10–$40). Once recorded, the deed becomes legally binding, but the ownership won’t transfer until the owner dies.

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