FAQ

A Lady Bird Deed is a legal document that allows you to transfer property to a beneficiary upon your death while retaining full control and ownership of your property during your lifetime. It’s a simple and affordable way to protect your home and avoid probate.

A Florida Lady Bird Deed allows you to seamlessly transfer your property to your chosen beneficiaries upon your passing—without probate, extra legal fees, or delays. You retain full control of your property during your lifetime, including the ability to sell or change beneficiaries at any time. It’s a simple and effective way to protect your real estate and ensure a smooth transition.

A Lady Bird Deed provides key advantages, including:

• Avoiding Probate: Your property transfers directly to your heirs, skipping the delays and expenses of probate.
• Maintaining Full Control: You can sell, refinance, or change beneficiaries anytime—without restrictions.
• Saving Money & Time: It simplifies estate planning and eliminates costly legal fees associated with wills and probate.

It’s a hassle-free way to protect your legacy while keeping your options open.

Any Florida property owner who wants to ensure a smooth, hassle-free transfer of their home can use a Lady Bird Deed. It’s especially beneficial for homeowners looking to avoid probate and simplify estate planning for their loved ones. Whether you own a primary residence, rental property, or vacant land, this deed can help protect your assets and legacy.

Once the owner passes away, the beneficiary simply records the death certificate with the County Clerk of Court where the property is located. No probate, no court process—ownership automatically transfers to the named beneficiaries, making it a quick and hassle-free transition.

Yes! Since you retain full ownership, you can change, sell, or transfer the property at any time without needing permission from the beneficiaries. If you decide to update your plans, simply record a new deed to override the previous one.

Yes! A Lady Bird Deed gives you complete control over your property. You can modify, revoke, sell, or transfer ownership at any time—without needing permission from the beneficiaries. It’s a flexible estate planning tool that keeps your options open.

No, it doesn’t affect your existing mortgage. You can continue to pay your mortgage as usual, and the deed will only take effect after your passing. Your beneficiary must continue making mortgage payments after inheriting the property if there is an existing mortgage.

Yes! A properly drafted Lady Bird Deed is fully revocable. The property owner (known as the life tenant) can:

• Cancel or modify the deed at any time while they still own the property.
• Change the beneficiary (remainderman) whenever they choose.
• Sell or transfer the property without needing to cancel the deed first—since the right to do so is built into the Lady Bird Deed itself.

This flexibility ensures you remain in full control of your property throughout your lifetime.

Yes! A Lady Bird Deed is superior to a Will when it comes to transferring real estate because it bypasses probate entirely.

Here’s the difference:

• Lady Bird Deed: The property automatically transfers to the named beneficiary upon the owner’s passing. The only step required is recording the death certificate with the County Clerk of Court.
• Will: A Will does not automatically transfer property—it must go through probate, a court-supervised process that validates the Will, settles debts, and distributes assets. This process can take months or longer and often involves costly legal fees before ownership officially transfers.

In Florida, around 90% of Wills go through probate because most estates include assets without designated beneficiaries or joint ownership, requiring court approval for distribution.

With a Lady Bird Deed, there’s no court, no delays, and no extra costs—just a smooth, automatic transfer of ownership.

Yes. A will does not prevent probate—over 90% of wills still go through court. A Lady Bird Deed ensures your home transfers immediately to your chosen beneficiary, without court delays or legal fees.

Yes! With Remote Online Notarization (RON), you can sign and notarize your Lady Bird Deed from the comfort of your home using your smartphone or laptop/computer with webcam, speakers, and microphone capabilities. We’re fully approved to provide this service in Florida.

Yes, most Florida counties allow deeds to be electronically recorded with the County Clerk of Court.

Once your deed is recorded, our e-Recording system will automatically send you an email confirmation with a copy of your recorded Lady Bird Deed attached. The recorded lady bird deed document will display the official recording details stamped at the top by the County Clerk of Court.

For extra peace of mind, you can also verify it anytime by searching your County Clerk of Court website—since all recorded deeds are part of the public record and easily accessible.

Yes, there are a couple of key rules to keep in mind:

1. The property owner (life tenant) must be an individual – not a trust, LLC, or corporation. Only real people can use a Lady Bird Deed to retain control of their property.

2. The beneficiary (remainderman) can be more flexible. You can name:

   • A single person or multiple people
   • A trust or trustee
   • A business entity like an LLC or corporation

A Lady Bird Deed offers flexibility, but these rules ensure it’s used correctly!

Unfortunately, we do not prepare Lady Bird deeds for Corporation’s or LLC’s.

Yes, a ladybird deed will work for a second home, vacation home, or rental property as long as they are not owned by a corporation or LLC.

For the property owner: No—creating a Lady Bird Deed doesn’t trigger any tax consequences because ownership doesn’t officially transfer until the owner’s passing.

For the beneficiary: They receive a stepped-up basis, meaning any potential capital gains tax is based on the property’s value at the time of the owner’s death, rather than its original purchase price. This can significantly reduce taxes if they later sell the property. This is not tax advice. Please consult with your local tax advisor to learn more about the step-up in basis.

Yes. A Lady Bird Deed allows the property owner (the life tenant) to keep full rights to their home while they’re alive—including Florida’s homestead tax exemption and other property tax benefits.

This means:
✔️ You keep your homestead tax savings and any other exemptions (such as widow, senior, or disabled veteran exemptions).
✔️ You remain protected under Florida’s homestead laws, so creditors cannot force the sale of your home to pay off debts.
✔️ If it’s a married couple, these protections continue until the second spouse passes away.

Absolutely! A Lady Bird Deed isn’t limited to just homes—it works for any type of real estate, including vacant land, single-family homes, condos, and townhouses. As long as it’s real property, you can use a Lady Bird Deed to ensure a smooth transfer to your chosen beneficiaries.

e-Recording is the secure online submission of documents to the County Clerk of the Court for official recording in the county’s official records department. Instead of mailing or delivering documents in person, you can record them electronically—saving time and money.

Commonly e-Recorded documents include deeds, death certificate, power of attorney, and mortgages.

• 24/7 Convenience: Submit documents anytime—day or night, from anywhere.
• No More Courthouse Visits: Avoid long lines and save time by recording online.
• Faster Processing: Your documents get recorded more quickly than traditional methods.
• Enhanced Security: Your documents are securely submitted.
• Streamlined Workflow: The entire process is more efficient, reducing wait times and improving accuracy.

Remote Online Notarization (RON) allows you to sign and notarize documents entirely online using your smartphone or laptop/computer with webcam, speakers, and microphone capabilities. This eliminates the need for in-person meetings, making the process fast and convenient.

In Florida, only specially certified notaries can perform RON, ensuring a secure and legally recognized notarization from anywhere.

Yes! Remote Online Notarization (RON) is highly secure and designed to protect your documents and personal information. We follow strict security measures to ensure authenticity, prevent fraud, and comply with Florida’s legal standards:

✔ Advanced ID Verification – We use biometric data and government-issued IDs to confirm identities and prevent fraud.
✔ Secure Video Session – All notarizations take place over an encrypted, recorded video call for added security and transparency.
✔ Tamper-Proof Technology – Documents are digitally sealed, making unauthorized changes immediately detectable.
✔ Digital Certificates – Every notarization includes a verified digital signature and seal, ensuring authenticity.
✔ Strong Encryption – Your data is encrypted during both storage and transfer to keep it protected.
✔ Full Legal Compliance – Our process follows Florida’s laws and best security practices, so your notarization is fully valid and recognized.

With cutting-edge security and compliance, RON offers a safe, efficient, and legally sound way to notarize your documents from anywhere!

You’ll receive your notarized and recorded Lady Bird Deed via email within 2 to 3 business days after we electronically record it with your County’s Clerk of Court.

**Please note that the County Clerk of Court operates based on workload, and processing times may vary, especially during the holidays.**

An online notary session typically takes about 10 to 15 minutes from start to finish. 
Most online notary sessions are quick and efficient. The exact time may vary based on the document type and verification process, but our streamlined system ensures a fast and hassle-free experience.

✔ Expertise in Complex Notarizations – We specialize in handling even the trickiest documents with ease.
✔ User-friendly Experience – Our platform is designed for a seamless, hassle-free experience.
✔ Florida-based & Certified – All our notaries are approved by the Florida Department of State for online notarizations.
✔ Cutting-edge Technology – We use the latest ID verification and remote notarization tech to ensure security and accuracy.
✔ Insured & Bonded – Our company and notaries are fully insured for your peace of mind.
✔ Real Customer Support – Unlike many online notary services, we offer personalized assistance via call, text, or email whenever you need us.

With us, you get trusted, secure, and hassle-free online notarization—done right!

Yes, all our notaries are commissioned in the State of Florida.

No.

Our remote online notarization (RON) service is globally recognized. As long as you meet the necessary requirements, you can notarize your documents online from anywhere in the world!

No.

Both U.S. citizens and non-U.S. citizens can use our online notarization service with ease.

Yes, as part of your Lady Bird Deed package, we will provide you with verified remote witnesses for your online notarization. They will join you during your online video appointment.

Yes! Every Remote Online Notarization (RON) session is securely recorded and stored for 10 years, as required by law, ensuring a verifiable record of the notarization.

Each record includes:
✔ A full video recording of the notarization session for verification and legal compliance.
✔ Time-stamped details of when and where the notarization took place.
✔ A digital audit trail, including identity verification steps and document tamper-proof seals.

Additionally, our notaries maintain a detailed notary journal documenting each RON transaction, adding another layer of security, authenticity, and legal validity for your documents.

These records can be accessed if needed for future reference.

To use Remote Online Notarization (RON), you’ll need one of the following valid forms of identification:

✔ Driver License or State ID Card from any U.S. State or U.S. Territory
✔ A Passport from Any Country

Your ID must be valid (non-expired) and in good condition to successfully complete the identity verification process.

Yes! We provide an optional expedited service for deed preparation, notarization, and recording of your deed. Whether it is an emergency or a time-sensitive situation, we’re here to help when you need it most. During the payment/checkout stage, you’ll have the option to select 4-hour rush processing.

It is important that you use a supported web browser that can access your webcam and microphone with camera, microphone, and speaker.

Supported Operating Systems 

• Laptop/Desktop: Windows PC or Mac
• Smart Phones: Android or iOS (iPhone)

Supported Browsers

• Google Chrome – Latest Version

*Please note that iPads and other tablets are not compatible and cannot be used.

Unfortunately no. We can’t answer your legal questions about Lady Bird Deeds and can not provide legal advice about whether creating an Enhanced Life Estate (Lady Bird) Deed is the right move for you.

Our online notaries are available:

• Monday – Friday: 8 AM – 5 PM (ET)
• Saturday: 8 AM – 12 PM (ET)

Need notarization outside these hours? We offer expedited processing to accommodate after-hours, weekends, and holidays—so you’re never stuck waiting.

No, recording a Lady Bird deed should not affect your veteran disability exemption.

No, recording a Lady Bird deed should not affect your senior citizen exemption.

No, recording a Lady Bird deed should not affect your widow/widower exemption.

No, recording a Lady Bird deed should not trigger a reassessment of your property taxes.

Yes, a Lady Bird Deed can help protect your home from Medicaid Estate Recovery.

Your beneficiaries may receive a step-up in basis, potentially reducing their capital gains tax if they sell. *Tax outcomes vary based on individual circumstances and current laws. We recommend consulting a tax professional for personalized guidance.

Yes, we offer the service to process and electronically record a death certificate.

The fee for processing, scanning, and electronically recording the death certificate is $129.

Yes, you can create a Lady Bird deed for a boat slip.

No, a Lady Bird deed cannot be transferred from one property to another. If you sell your home and purchase a new one, you will need to create a new Lady Bird deed to ensure your new property is protected from probate.

We are unable to complete a Lady Bird deed for a condo or a home in a cooperative (Co-op).

We can complete a Lady Bird deed for a mobile home if the property owner also owns the land beneath it. *However, if the land is leased or the mobile home is in a cooperative (Co-op), we cannot complete a Lady Bird Deed.

As part of our service, we electronically record your Lady Bird Deed for you. *Please note that a few Florida counties do not accept electronic recordings.

The recording fee is already included in our price. We’ve got it covered for you!

Once you have completed the order, here’s what happens next:

1. We will draft the Lady Bird deed for your review.
2. After receiving your approval via email, we will schedule the Remote Online Notary.
3. You will receive a link to complete the ID verification and notary process.
4. Once the remote online notary is completed and the document is signed and notarized, we will submit it for electronic recording with your County Clerk of Courts.
5. Once recorded, the deed will become part of the public record.
6. We will email you a confirmation along with a copy of the recorded Lady Bird deed for your records.
7. You can now enjoy peace of mind, knowing your property is secure.

Yes, we can complete a Lady Bird deed and arrange for a mobile notary to come to you for an additional fee.

Yes, we can complete a Lady Bird deed and arrange for a mobile notary to come to you for an additional fee.

We can complete the Lady Bird deed as long as you are listed on the current deed.

No, a Lady Bird deed cannot be completed if all property owners have passed away. We recommend contacting a Probate/Estate Planning attorney to assist with the probate administration process.

No, we cannot complete a Lady Bird deed for a property currently in probate. We recommend contacting a Probate/Estate Planning attorney to assist with the probate administration process.

Yes, as long as the individual is mentally competent and able to communicate clearly, we can complete a Lady Bird deed and arrange for a mobile notary to come to you at an additional fee.

Yes. As long as we coordinate with all grantors/property owners, we can prepare and notarize the Lady Bird Deed even if the owners are in different countries. Each owner must be mentally competent and provide consent for the notarization process.

Yes, we can complete the Lady Bird deed.

No, the grantor/owner is not required to provide their Social Security number.

Yes, we can assist. However, you will need to provide proof of the name change, such as a marriage license or divorce settlement.

No, beneficiaries do not need to be involved in any part of the Lady Bird deed process. They only need to be informed that they are designated as beneficiaries of the home and instructed on the necessary steps to take if the grantor/owner passes away.

Yes, 18 or older.

No, the beneficiaries will not be involved in the signing or notarization of the Lady Bird deed. Only the grantor/owner is required to sign the deed.

No, only the grantor/owner is required to show their ID and complete the identity verification.

No, beneficiaries are not required to provide their Social Security number.

We only require the beneficiaries’ full names as they appear on their driver’s license, state ID, or passport. Additionally, if there are multiple beneficiaries, we need at least one mailing address for one of them.

Individuals who are blind or have a vision impairment can complete a “Signature by Proxy.” This process requires a notary public and two disinterested witnesses. A mobile notary can come to you to facilitate the signing. Mobile notary fees vary, so you may need to contact different providers for pricing.

Individuals with physical impairments have two options for signing: a Signature by Mark for those with limited hand movement or a Signature by Proxy for those with no hand movement. A notary public and two disinterested witnesses are required. A mobile notary can come to you to complete the process. Mobile notary fees vary, so you may need to contact different providers for pricing.

Yes, all Remote Online Notary sessions are done in English. We can provide a Spanish-speaking notary if needed. If you speak another language, you will need to find a notary who speaks that language, and you will need to pay any extra cost.

No, completing a Lady Bird deed should not impact your Social Security benefits. The deed does not change ownership during your lifetime—you remain the property owner. It only takes effect upon your passing.

Yes, if you are listed as the agent or attorney-in-fact you can sign the lady bird deed on behalf of the property owner(s).

Yes, completing a Lady Bird Deed requires a few extra steps. We will need a copy of the Durable Power of Attorney to verify that you are named as the agent or attorney-in-fact. The Durable Power of Attorney will be recorded along with the signed Lady Bird Deed with the County Clerk of Court.

Yes, there are additional costs to process and record the Durable Power of Attorney. Our fee is $129 for processing the POA, plus $9 per page for scanning and recording with the county.

If the property owner(s) passed away in Florida, you can obtain their death certificate and record it with the county clerk of the court. Florida issues two types of death certificates: a short version and a long version. You should record the short version, as most counties only accept it due to privacy reasons, as it redacts part of the Social Security number and the cause of death.

If the property owner(s) passed away in another U.S. state, you can obtain their death certificate and record it with the county clerk of the court. Florida counties accept all out-of-state death certificates as they are, with no restrictions. The county will typically redact personal information for privacy purposes.

If the property owner(s) passed away in another country, you can obtain their death certificate and record it with the county clerk of court. If the certificate is in a language other than English, it must be translated and accompanied by an affidavit.

Yes. If you are recording the death certificate electronically through our services, the Florida Death Certificate must be scanned and emailed in its entirety. It cannot be cut off, and all four corners must be visible. The county clerk also requires that the short version of the Florida death certificate be used for electronic recording.

If you are going in person to the County Clerk of Court, you may use either the long version or the short version of the Florida Death Certificate.

If the property owner(s) passed away in Florida, you can obtain a death certificate by visiting the local health department in person or ordering online at www.vitalchek.com to have it mailed to you.

If the death occurred in another state, contact that state’s health department to request a death certificate.

For deaths that occurred in another country, reach out to the country’s Embassy or nearest Consulate in the U.S. to obtain the certificate. If the death certificate is in a language other than English, it must be translated and accompanied by an affidavit.

To use Remote Online Notarization (RON) technology, you must meet the following requirements:

• English Proficiency: You must be able to communicate in English, as the notarization process requires understanding and responding to questions without assistance. (We can only provide Spanish speakers at no additional fee)
• Identity Verification: A valid (non-expired), government-issued photo ID is required for identity verification and credential analysis.
• No Impairments: You must not have any hearing, vision, or speech impairments that would prevent clear communication with the notary.
• Mental Competency: You must be of sound mind and not suffer from any mental illness, such as Alzheimer’s or dementia, that could impair your ability to understand and consent to the notarization.

These requirements ensure the integrity and legality of the remote notarization process.

A Power of Attorney (POA) and a Lady Bird Deed serve different legal purposes, though both involve decision-making and property control.

Power of Attorney (POA)

A POA is a legal document that grants someone (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in financial, legal, or healthcare matters.

• Key Features:
  
  • Ends when the principal dies.
  • Can be revoked by the principal at any time (if competent).

Lady Bird Deed (Enhanced Life Estate Deed)

A Lady Bird Deed is a legal tool used for estate planning. It allows a property owner to retain control of their property during their lifetime while designating beneficiaries (remaindermen) who will automatically inherit the property upon the owner’s death without probate.

• Key Features:
  • The owner retains full control of the property (sell, mortgage, or change beneficiaries) during their lifetime.
  • Property passes directly to beneficiaries without probate.

In short, a POA is for managing affairs during a person’s lifetime, while a Lady Bird Deed is a tool for estate planning that controls what happens to property after death.

No, a Lady Bird Deed generally allows only primary beneficiaries and does not accommodate contingent (secondary or tertiary) beneficiaries. If the primary beneficiary passes away before the property owner, the deed may not function as intended. To ensure a clear succession plan, it is recommended to name multiple primary beneficiaries when possible. Alternatively, using a trust may be a better option for incorporating multiple layers of beneficiaries in your estate planning.

Yes, you can add multiple primary beneficiaries on a Lady Bird Deed. When the property owner passes away, ownership will transfer to all named beneficiaries. However, it’s important to specify how the beneficiaries will hold ownership—such as joint tenants with rights of survivorship or tenants in common.

The choice between Tenants in Common and Joint Tenants with Rights of Survivorship (JTWROS) depends on how you want ownership to be handled after a beneficiary passes away.

• Tenants in Common allows each beneficiary to own a distinct share of the property, which can be transferred through their estate plan. If a beneficiary passes away, their share goes to their heirs rather than the other beneficiaries.
• Joint Tenants with Rights of Survivorship (JTWROS) ensures that when one beneficiary passes away, their share automatically transfers to the remaining beneficiaries without going through probate.

If avoiding probate is a priority, JTWROS may be the better option. However, if each beneficiary wants control over their share for inheritance planning, Tenants in Common might be preferable.

A Quitclaim Deed typically includes a legal description of the property, the name of the person transferring their interest (the grantor), the name of the person receiving that interest (the grantee), the date, and the notarized signatures of both parties. These deeds are commonly used for property transfers in non-sale situations, such as between family members. They may be used to add a spouse to a property title after marriage, remove a spouse after divorce, clarify ownership of inherited property, transfer property into or out of a revocable living trust, or modify how a property’s title is held.

Yes, we prepare Quit Claim Deeds for our clients. The pricing is the same as for a Lady Bird Deed, including both the standard package and the expedited processing option.

A Property Fraud Alert is a free monitoring service provided by most County Clerk of Court offices to help protect property owners from fraudulent activity. When you sign up, the clerk’s office will monitor official records for any documents recorded using your name or property details and notify you if suspicious activity is detected. This service helps prevent unauthorized transactions, such as fraudulent deeds or liens, by providing early warnings so you can take timely action if necessary. Since this is a public protection measure, there is no cost associated with signing up in most counties.

You can sign up for the free Property Fraud Alert through your local County Clerk of Court or Recorder’s Office website. Many counties offer online registration, allowing you to enter your name and property details to receive notifications. To find the sign-up page, visit your county’s official website or search online by typing your county’s name followed by “Property Fraud Alert” (e.g., Orange County Property Fraud Alert). If you need assistance, you can also contact your county office directly.

Yes, a Lady Bird Deed and an Enhanced Life Estate Deed refer to the same type of deed.

If the property owner and the beneficiary have the same name, we will add a distinguishing suffix, such as “Sr.” for the owner and “Jr.” for the beneficiary (e.g., Bob Smith Sr. and Bob Smith Jr.), to ensure clarity and prevent confusion. In rare cases where no suffix is present, we will specify their relationship, such as Robert Johnson (Father) for the property owner and Robert Johnson (Son) for the beneficiary.

No, you do NOT need to pay the fee for certified copies. We have already provided you with a copy of your recorded deed. Be cautious of private companies attempting to sell public records that can be easily accessed online or at the courthouse.

These companies often send official-looking letters claiming that the government recommends all citizens have certified copies of their records, such as property deeds. They then charge fees ranging from $40 to $129 or more for these copies. While these solicitations may be legal, they are misleading. Public records are readily available at little to no cost, so there is no need to pay high fees for access.

Yes, as long as you have notified the organization and have the full legal business name and address.

No, you must complete the closing of the property and have full verifiable ownership before a Lady Bird Deed can be completed. It is recommended to prepare the deed after the home has been purchased.

Please reach out to the attorney who prepared your trust to confirm whether your house is included in the trust and if the trust’s name is recorded with the property appraiser.

We are a document preparation company that assists clients with preparing their legal documents. Please note that we cannot provide legal advice. We recommend consulting with an attorney to determine which estate planning option is best for your situation. If you decide a Lady Bird Deed is the right choice, we can help you with preparing, notarizing, and recording your deed.

We are a document preparation company that assists clients with preparing their legal documents. Please note that we cannot provide legal advice. We recommend consulting with an attorney to determine which estate planning option is best for your situation. If you decide a Lady Bird Deed is the right choice, we can help you with preparing, notarizing, and recording your deed.

They are similar in that both allow you to transfer your home directly to a beneficiary and avoid probate. One of the key differences is availability: a Lady Bird Deed is only recognized in seven states (Florida, Texas, Georgia, North Carolina, Michigan, West Virginia, and Vermont), while a Transfer on Death Deed (TOD) is recognized in 26 other states.

Yes, If a Lady Bird Deed is signed using the Remote Online Notary (RON) process, it must also be recorded electronically. 

If the deed is signed with a physical (wet) signature, you have the option to either record it electronically or submit the deed in person to the county clerk of the court for recording.