[FL] Is filing a self-prepared Lady Bird deed enough to transfer my primary home with a mortgage?

Lexi, Chatbot

Have you already consulted with any attorneys regarding this matter, or is this your first inquiry?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your Lady Bird document.

Jon

Hello! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

Legal matters can feel overwhelming, but you’re in good hands. I’ll make sure things are clear and guide you toward the best solution for your situation.

Just a note—our conversation is for general legal information only and does not establish an attorney-client relationship.

Can you let me know which state you’re in? Laws about Lady Bird deeds can vary depending on your location.

Jon

Ok, great. And what question about it did you have for me?

Jon

Is the property you’re transferring with the Lady Bird deed your primary residence or an investment property?

Jon

And are there any existing mortgages or liens on the property that you’re aware of?

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I’ll get started right away.

Jon

In Florida, an Enhanced Life Estate Deed—also called a Lady Bird Deed—has a few key steps you need to follow to make it legally valid. Filling out the form and taking it to the county office is most of the process, but certain details must be handled carefully.

First, you’ll need to complete the deed form with the property’s full legal description, not just the street address. Then, you must sign the deed in front of two witnesses and a Notary Public. Florida law requires all deeds to be signed this way, and your form already includes spaces for these signatures and the notary acknowledgment. (FL Stat § 689.01)

After it’s signed, you must record the original deed with the Clerk of the Court in the county where the property is located. This step is crucial—your deed isn’t legally effective until it’s officially recorded in the public records. (FL Stat § 695.01)

Because you still have a mortgage, it’s good that you’re being cautious. A Lady Bird Deed allows you to keep full ownership and control of your home while you’re alive, including the right to sell, refinance, or change the deed.

It does not cancel or interfere with your mortgage, and since this is your primary residence, you’ll keep your Florida homestead tax exemption. (FL Stat § 697.01)

As for costs, you’ll usually pay two small fees when you file the deed: the county’s recording fee and possibly a small documentary stamp tax (known as “Doc Stamps”). Recording fees are typically under $30 total—about $10 for the first page and $8.50 for each additional one.

Most Lady Bird Deeds don’t trigger Doc Stamps because ownership doesn’t actually transfer until after your death. In rare cases, there might be a minimal tax of around $20 to $30. Some counties may also charge a small indexing fee of about $1 for each extra name listed beyond four.

Altogether, the total cost to record a Lady Bird Deed in Florida is generally quite low—usually under $30, with no significant taxes owed.

Jon

Yes, the deed absolutely requires the full, precise legal description of the property, not just the street address, as this description is what officially defines your property's boundaries (like the Lot, Block, and Subdivision name).

You can find this full description on your most recent deed or the official county property appraiser’s website. You must insert it on Page 1 of the form, directly following the phrase “…all that certain land situated in County, Florida, to wit:”.

Jon

Great! I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!