Transfer ownership of property upon your death: Enhanced Life Estate Deed (Lady Bird Deed)
What we’ll cover
What is an Enhanced Life Estate Deed (Lady Bird Deed)?
An Enhanced Life Estate Deed, commonly called a Lady Bird Deed, allows a property owner to transfer real estate to a beneficiary automatically upon death while keeping full control of the property during their lifetime.
With a Lady Bird Deed, you can:
- Continue to live in, sell, or refinance the property
- Change the beneficiary if your circumstances change
- Transfer property outside of probate
This type of deed is commonly used for estate planning because it allows property to pass directly to a beneficiary without the time and expense of probate court.
Unlike some other property transfer methods, a Lady Bird Deed allows you to maintain complete ownership and control during your lifetime.
Important: Enhanced Life Estate Deeds (Lady Bird Deeds) are not used in every state.
In many states, property owners use a Transfer on Death Deed (TOD Deed) instead to transfer property to a beneficiary outside of probate.
If you create your document with Rocket Lawyer, we’ll ask a few simple questions—including your state—and guide you to the appropriate document for your situation.
When to use an Enhanced Life Estate Deed:
- You want your property to transfer automatically when you pass away.
- You want to avoid probate.
- You want to retain full ownership and control of your property while you are alive.
- You want the ability to sell, mortgage, or change beneficiaries without your beneficiary’s consent.
How do I get my Enhanced Life Estate Deed reviewed?
If you already have an Enhanced Life Estate Deed and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Enhanced Life Estate Deed
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Prepared By: | | |
| __________ | | |
| __________ | | |
| __________, __________ __________ | | |
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After Recording Return To: | | |
| __________ | | |
| __________ | | |
| __________, __________ __________ | | |
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Enhanced Life Estate Deed
THIS ENHANCED LIFE ESTATE DEED is made on __________.
Grant of Enhanced Life Estate. I, __________, a married person, ("Grantor"), hereby conveys and warrants unto the Grantor, as designated below, an enhanced life estate in the real property described below, with full power and authority in the Grantor, without the joinder or consent of any other person, to sell, convey, mortgage, lease, encumber, or otherwise dispose of the property, in whole or in part, and to revoke this deed at any time during the Grantor’s lifetime, the following described real property located in __________, in the County of __________, State of Florida:
Legal Description:
__________
Remainder Interest. Upon the death of the Grantor, any interest remaining in the property shall vest automatically in the Beneficiary(ies) below, as remainder beneficiary(ies), in fee simple absolute, per stirpes, subject to no conditions.
Grantees:
__________
__________
__________, __________ __________
No Present Interest in Remainder Beneficiary. It is the express intent of this deed that no interest shall vest in the remainder beneficiary(ies) until the death of the Grantor, and that the remainder interest is subject to complete divestment by the Grantor during the Grantor's lifetime.
Revocation. This deed is revocable. The Grantor may revoke this deed,in whole or in part,at any time by executing and recording a subsequent instrument.
Mail Tax Statements To:
__________
__________
__________, __________ __________
[SIGNATURE PAGE FOLLOWS]
Grantor Acknowledgement
Grantor Signature:
DATED:___________________________
__________________________________
__________
__________
__________, __________ __________
State of __________,ss:
This instrument was acknowledged before me on this ____ day of ___________,_____ by __________.
_________________________________
Notary Public
_________________________________
Title (and Rank)
My commission expires:_____________
Enhanced Life Estate Deed FAQs
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How do I make an Enhanced Life Estate Deed?
With Rocket Lawyer, you can create an Enhanced Life Estate Deed (or "Lady Bird Deed") by answering a few simple questions. We build the document for you so you can focus on planning for your future.
Typically, the process involves:
- Naming your beneficiary
- Signing the deed
- Having the deed notarized
- Recording the deed with your county land records office
Once recorded, the deed will transfer the property to your beneficiary automatically upon your death.
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Where are Lady Bird Deeds available?
Enhanced Life Estate Deeds or "Lady Bird Deeds" are commonly used in the following states:
- Florida
- Michigan
- Texas
- Vermont
- West Virginia
Other states may use different estate planning tools to achieve similar goals, such as Transfer on Death Deeds.
If a Transfer on Death Deed or Enhanced Life Estate Deed is not available in your state, you may consider alternatives such as a Living Trust.
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How do I revoke or change a Lady Bird Deed?
You can generally revoke or change a Lady Bird Deed by recording a new deed that replaces the previous one.
Because the property owner retains full control of the property, you can modify your estate plan if your circumstances change, such as:
- You decide to name a different beneficiary
- You sell the property
- You refinance the property
- Your family situation changes
It is good practice to review your estate plan after major life events.
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What are alternatives to a Lady Bird Deed?
If an Enhanced Life Estate Deed is not available or not the right option for your situation, other estate planning tools may help transfer property after your death.
Alternatives include:
- Transfer on Death Deeds (where available)
- Living Trusts
- Last Will and Testament
Each option has different legal and tax implications, so you may want to seek legal advice before deciding.
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